Rules and Regulations
Welcome to the Applewood Park Villa Condominium Neighborhood. Our reasons for locating here are varied as our numbers; however, we believe our objectives are the same to live in an attractive, safe, friendly and well maintained neighborhood. In order to meet these objectives we need to establish Rules and Regulations that will govern our activities, actions, financial health, and appearance in the entire neighborhood including the limited common areas and common areas owned by the Association.
These published Rules and Regulations are intended to supplement the existing Declaration and By-Laws of record. Some of the listed Rules and Regulations are duplications, and/or expansions of what is in the Declaration and By-Laws, however, none are in conflict.
We need to recognize that at times our individual actions or desires may be in conflict with the Rules and Regulations herein, however, this is a condensed living area wherein each Unit owner’s activities can adversely affect others. Our adherence to these Rules and Regulations is necessary if we are to realize our objectives.
Welcome to the Applewood Park Villa Condominium Neighborhood. Our reasons for locating here are varied as our numbers; however, we believe our objectives are the same to live in an attractive, safe, friendly and well-maintained neighborhood. In order to meet these objectives, we need to establish Rules and Regulations that will govern our activities, actions, financial health, and appearance in the entire neighborhood including the limited common areas and common areas owned by the Association.
These published Rules and Regulations are intended to supplement the existing Declaration and By-Laws of record. Some of the listed Rules and Regulations are duplications, and/or expansions of what is in the Declaration and By-Laws, however, none are in conflict.
We need to recognize that at times our individual actions or desires may be in conflict with the Rules and Regulations herein, however, this is a condensed living area wherein each Unit owner’s activities can adversely affect others. Our adherence to these Rules and Regulations is necessary if we are to realize our objectives.
Obligations of the Unit Owners
1. A Special Assessment of $1,000.00 will be levied on new Unit owners upon sale and deed transfer of an existing Unit, and shall be deposited into the Capital Fund for future Capital expenditures.
2. It is the owner’s responsibility to maintain, upgrade, repair and decorate the inside of their respective Units.
This responsibility includes, but is not limited to:
a. Floors, carpet, tile, wood and linoleum
b. Fireplaces, fireplace mantels, water heaters, furnaces and air conditioning equipment
c. Interior walls, all interior electrical and plumbing fixtures and enclosures, tubs, sinks and commodes
d. Interior utility installations, storm doors and garage door operating mechanism
(Please note interior walls may not be removed or altered until the Unit is inspected by a certified building inspector and approved by the Board of Directors)
3. Each resident is responsible for their guest(s) and their actions.
4. All residents must use the trash containers as provided by the City Sanitation Department. All trash and refuse must be placed in trash bags before being placed into the trash containers. Trash containers must be placed at least 18“apart on the outside curb. The use of the blue recycling bags is optional, but encouraged. Free recycling bag coupons may be obtained by calling 765 747-4742. All trash containers must be removed from the curb side and placed in the garage at the end of the trash pick-up day. Trash containers must be kept clean and free of offensive odors.
5. Effective January 1, 2003, one small domestic pet, excluding farm or exotic animals, of less than 35 pounds is permitted per Unit. Pets must be leashed at all times when outside of the Unit, but not tethered to any object on the common grounds. No outside pens or doghouses are allowed. Excessive barking must be controlled by the owner so as not to disturb others in the neighborhood. The owner will be responsible for the immediate removal and disposal of pet waste occurring on the common or limited common areas.
6. Mini-Satellite dishes are allowed with prior Board approval and in accordance with the established APV policy. They cannot be mounted to the roof, chimney or building walls. They are restricted to the patio area, below the fence line so they are not visible. This restriction may make them ineffective in some areas. The wiring must be underground, then run up the wall to the attic at an inside corner to minimize the visibility of the wire.
7. The maximum speed limit with this development is 15 mph at all times.
8. Heat tapes to prevent ice dams may be installed with prior board approval and in accordance with APV policy.
9. The use of “For Sale” signs are restricted. The Unit Owner may place one “For Sale” sign in the window while the unit is on the real estate market. Also, up to three additional signs shall be permitted between 8 A.M. and 5 P.M. Sunday. One of the three signs are permitted in the grassy area at the entrance, one at the driveway intersection, and one at the patio area.
10. No fireworks are allowed in Applewood Park Villas at any time.
Parking
Parking rules and restrictions are necessary due to the limited surfaced parking areas available within this development. Safety, security and courtesy must prevail in establishing these rules and regulations.
1. No parking will be allowed on the street at any time.
2. Parking is not allowed on any non-surfaced area.
3. Parking at the Clubhouse for a short duration of time for people attending functions at the Clubhouse, and using the pool area is allowed, and is restricted to the number of spaces provided. Overnight parking at the Clubhouse is allowed only with prior approval from the Board of Directors. Parking at the Clubhouse during the holidays must be approved by the Board due to heavy Clubhouse use.
4. Overnight parking for residents and guests is allowed in the limited common area in front of each Unit’s garage door. No extended or overnight parking in the common area of the driveways is allowed without prior approval of the affected neighbors.
5. When snow is predicted (2 inches or more), no parking will be allowed on all surfaced areas (driveways, garage door aprons, Clubhouse or the street). This is to ensure that the snow plows have full access to the paved areas for all the residents to clean and push the snow through the ends of each drive, and out of the way. Failure to remove vehicle(s) or other items on a timely basis to allow the snow to be removed will result in the Unit owner at fault being fined for the extra costs involved in removing the snow.
6. Parking permits are to be displayed in the windows of vehicles parked at the clubhouse if not for an event or pool use. Permits are available on the front of the slot box in the clubhouse.
Insurance – Unit Owner
1. It is the responsibility of the Unit Owners to purchase and maintain appropriate insurance coverage for their own personal property.
2. Each Unit Owner will be required to purchase and maintain not less than $1,000,000 of public liability insurance. (Increase to 1 mil passed by vote on 9.8.2022 everyone is to have this in place by 12.31.2023) Proof of such coverage must be forwarded to the Applewood office to be maintained on file at all times.
3. There will be a $25.00 fee for any proof of insurance not provided within 30 days of purchase or date of expiration. An additional $25.00 fee will be assessed for each 30-day period proof of insurance is not received.
4. Each Unit Owner will be responsible to pay for all damages up to the Association’s deductible amount if it is determined that the loss or damages was caused by negligence of the Unit Owner, family member or guest.
5. The Association must be listed as an additional or 3rd party by the insurance carrier of each Unit owner. Current copies of all policies will be maintained by the Association. This is to provide proof of liability.
Insurance – Association
1. The Association will purchase and maintain insurance coverage according to the Indiana Horizontal Property Laws that provides for the full replacement value of the buildings, common areas and facilities (e.g., basic building and units with no upgrades)
2. All Unit Owners will be notified by the Association of the insurance coverage that is in effect, the Association deductible amounts and any changes that may affect the Unit Owners.
General
1. No public sales, garage sales, auctions or rummage sales will be allowed whether or not such sales are sponsored by a Unit owner or a group of Unit owners.
2. Offensive Activities – No inappropriate or offensive activity shall be allowed on any common grounds, limited common area or within any Unit that may cause damage, endanger the health or unreasonably disturb the residents and guests.
3. Clubhouse – The Clubhouse is for the exclusive use of the Unit Owners and their guests. Rental to any outside organizations and/or individual(s) is prohibited. Unit Owner(s) must sponsor any event held in the Clubhouse, be responsible for the deposit as established by the Board of Directors, make the appropriate reservation, and attend the scheduled function. Reservations must be made for specific date(s) and times. The Unit Owner is responsible to clean the Clubhouse immediately after the scheduled event, or will be charged a $120 clean-up fee by the Association. All fees associated with the Clubhouse use will be established by the Board of Directors.
4. Swimming Pool – The swimming pool is for the exclusive use of the Unit Owners, family and their guests. Exclusive use of the pool area is not permitted at any time. Unit Owners or their family member must accompany their guests. No children under age 16 will be allowed in the pool or pool area without a responsible adult. The Rules governing the pool and its use will be posted at the pool and may be changed from time to time depending on need.
5. Fire bowls or fire pits that burn wood or fire logs are not permitted.
6. Effective January 1, 2003, storm doors must be approved by the Association. In order to maintain the architectural integrity, storm doors must be plain white framed with full glass.
7. Effective September 13, 2013, no one is allowed to lease their Unit if it was purchased after September 12, 2013.
8. Monthly Association fees are due each month and may be placed in the clubhouse slot box inside the clubhouse lobby or mailed to 2201 N Tillotson Ave., Muncie, IN 47304. Applewood Park Villas Association homeowner's dues are due before the 10th day of each month. Any dues not paid by the 10th day of the following month in which they were due will incur a late fee of $25 for each month they are past due.
9. (This policy was adopted at the March 24, 2021 board meeting and will take effect June 1, 2021.)
10. The red unit notebook contains the Applewood declaration, bylaw changes and policies. This stays with the unit and is passed on to the new owner. Replacement cost is $30.
11. The fee for replacing a clubhouse/pool key is $35.
Landscaping/Architecture
1. The Association provides for basic landscaping abutting the Units between the Unit and the sidewalk, along the exterior walls of the patios and the exterior walls of the Units. Additional-annual plantings are permitted in these areas, and are the sole responsibility of the Unit Owners to maintain. Plantings, potted plants, and decorations within the confines of the fenced in patios are the sole responsibility of the Unit Owners. Unit Owners are encouraged to water and weed their lawns and planted areas whenever possible to keep these areas attractive. Unit Owners may from time to time be requested to remove unsightly weeds or growths within the confines of their patio. If not corrected, the Unit Owner may be assessed the cost to have the work done.
2. Expanding the landscaping, planting of trees or shrubs, or otherwise altering the appearance of the common or limited common areas requires prior approval from the Board of Directors, and shall be maintained by the Unit Owner. Upon the sale of any Unit with expanded landscaped areas, these areas must be returned to their original condition, or the new Unit Owners must agree to maintain the areas, and provide written proof of this consent.
3. Nothing shall be attached to any exterior wall of any building, patio, roof without prior written approval from the Board of Directors. All exterior painting will be provided by the Association, or if approved may be done by Unit Owners with the paint being supplied by the Association.
The guidelines established in the Declaration, By-Laws, and these Rules and Regulations are intended to benefit all residents, and the preservation of the Association property. If these guidelines are violated by Unit Owners, family member, or guests, and are not corrected after notification by the Board of Directors by certified mail, a minimum fine of $25.00 per day may be assessed to the Unit Owner in violation.
DECLARATIONS
APPLEWOOD PARK VILLAS
DECLARATION TABLE OF CONTENTS
Article I – Declarant 1
ARTICLE II – Name of real estate 1
ARTICLE III – Definitions 1
3.1 – Unit 1
3.2 – Association 1
3.3 – Limited Common Areas 1
3.4 – Common Area 2
3.5 – Common expense 2
3.6 – Declarant 2
3.7 – Gender 2
ARTICLE IV – Future Expansion, Location of Unites, Common Area,
and Other Improvements 2
4.1 – Expansion of units 2
4.2 – General plan of development 2
4.3 – Subsequent Phases 2
ARTICLE V – Unit Ownership 3
5.1 – Unit Owners 3
5.2 – Ownership 3
5.3 – Unit ownership and Limited Common Area 3
5.4 – Agreement upon acceptance of deed 3
(A) Common Areas undivided 3
(B) Unit occupancy 3
(C) Easement(s) upon Common Areas, etc 3
(D) Membership in Association 3
(E) Administration of Condominiums 4
(F) Compliance with Declaration, By-Laws 4
(G) Contribution of common expenses 4
(H) Liability for unpaid assessments 4
(I) Maintenance and repair of Unit 4
(J) Irrevocable power of attorney 4
(K) Damage or destruction of Unit 4
ARTICLE VI – Common Areas 5
ARTICLE VII – Easements and Reservations 5
7.1 Easements – Units and Common Areas 5
7.2 Declarant’s easement – Common Areas 5
7.3 Declarant’s easement – Limited Common Areas, etc. 5
7.4 Perpetual easement to lawful agencies 5
7.5 Unit Owner’s easement 6
(i)
ARTICLE VIII - Unit Mortgages 6
8.1 Abandonment of Units 6
8.2 Liens of Association 6
8.3 Inspection of books / records of Association 6
8.4 Written notice of damage, etc. 6
ARTICLE IX - The Association 7
9.1 Membership 7
9.2 Voting 7
9.3 Board of Directors 7
9.4 Limitation upon liability 8
9.5 Agent to receive process 8
9.6 Property in trust 8
9.7 Insurance 8
9.8 Insurance obtained by Unit Owners 8
9.9 By-Laws 9
ARTICLE X – Use Restrictions 9
10.1 Units 9
10.2 Leasing 9
10.3 Common Areas 9
10.4 Limited Common Areas 9
10.5 Nuisances 9
10.6 Lawful use 9
10.7 Regulations 10
10.8 Abatement and enforcement of restrictions and regulations 10
10.9 “For Sale,” “For Rent,” or advertising signs 10
ARTICLE XI – Amendments to Master Deed 11
11.1 Rights of Declarant to execute amendments to Declaration, etc. 11
11.2 Expiration of reservation of Declarant [see Section 11.1 (C)] 11
ARTICLE XII – Assessments for Common Expenses 12
ARTICLE XIII – Invalidity 12
ARTICLE XIV – Waiver 12
ARTICLE XV – Captions 13
(ii)
FILED
DEC 2 1 1993
DELAWARE COUNTY AUDITOR
APPLEWOOD PARK VILLAS
(Condominiums)
THIS DECLARATION, made December 20, 1993 by Lifestyle Building Corp.,
of Delaware County, Indiana.
ARTICLE I
Lifestyle Building Corp., herein referred to as the Declarant, hereby submits, declares, and establishes a condominium form of ownership of the lands located in the City of Muncie, Delaware County, Indiana, described in “Exhibit A,” annexed hereto and made a part hereof.
ARTICLE II
APPLEWOOD PARK VILLAS
The name by which the real estate shall hereafter be known is
APPLEWOOD PARK VILLAS.
ARTICLE III
Definitions
The terms used herein and in the By-Laws of the Association shall have the meanings stated in the Indiana Horizontal Property Law and as follows unless the context otherwise requires:
3.1 Unit means Unit as defined by the Horizontal Property Law. Each Unit has been assigned a distinct four-digit number, which is located within the perimeter lines of the Unit on the drawing attached hereto and marked "Exhibit B." The Unit owner shall have the exclusive right of use and quiet enjoyment to such Unit, except as may be provided herein.
3.2 Association and Association of Co-Owners means APPLEWOOD
PARK VILLAS ASSOCIATION, and its successors.
3.3 Limited Common Areas are granted to each respective Unit Owner for the driveway, sidewalk, patio, and deck serving their respective Unit. Nothing contained herein shall be deemed to remove the exterior of any of the buildings from the definition of Common Area as defined in the Indiana Horizontal Property Law. The respective Unit Owner’s usage of their respective Limited Common Areas shall in all respects be subject to utility easements and easements for ingress and egress as set forth in “Exhibit B,” attached hereto, and all reasonable rules and regulations of the Association.
3.4 Common Area shall consist of all parts of the property other than the Units and Limited Common Areas, including those listed in the definition of "Common Areas and Facilities" contained in the Horizontal Property Law.
3.5 Common expenses include:
(A) Any valid charge against the Condominiums, as a whole, and snow removal and trash removal.
(B) Common expenses as defined by the Horizontal Property Law.
3.6 Declarant shall mean Lifestyle Building Corp. until such time as it specifically conveys, by deed, its interest as Declarant to a successor for the purpose of continuing development; thereafter, such obligations and powers shall be binding upon and vested only in the successor of said Declarant.
3.7 Whenever the context so permits, the use of the plural shall include the singular, the singular the plural, and the use of any gender shall be deemed to include all genders.
ARTICLE IV
Future Expansion Location of Units, Common Areas, and Other Improvements
4.1 The Condominiums shall be expandable to a maximum of 80 residential units. This Declaration shall consist of Tract #1, consisting of 4 residential units located as shown on Exhibit B. Expansion of the Condominiums to a total of 80 units may be made by the construction of 76 units in subsequent Tracts. The certified set of as-built floor plans for Tract #1, showing the elevation and perimeter dimensions of the units, prepared by Keith L. Gary, Registered Architect, Reg. #870124, is attached hereto and marked "Exhibit C."
4.2 The general plan of development, showing the location and limitations on the expandable portion of the Condominiums proposed for development as subsequent Tracts and the legal description of the contiguous area subject to expansion is attached hereto and marked "Exhibit D."
4•3 Subsequent Tracts may become a part of the Condominiums if at least one Tract is developed within five (5) years from the recordation of this Declaration. Thereafter, additional Tracts must be developed not later than ten (10) years from the recordation of this Declaration.
ARTICLE V
Unit Ownership
Unit Ownership shall include the following rights, privileges, and obligations.
5.1 Unit Owners shall mean the person or persons owning a Unit in fee simple, or whose estates, or interests individually or collectively aggregate fee simple absolute ownership of a Unit.
5.2 Ownership of a Unit shall include the respective undivided interest in the Common Areas specified and established herein. The undivided interest of a Unit Owner in the Common Areas in Tract #1, pending completion of subsequent Tracts, shall be ¼ of the Common Areas, and such undivided interest in the Common Areas shall not be divisible from the Unit to which is appertains. Upon completion of subsequent Tracts, the undivided interest of a Unit Owner in the Common Areas shall be equal to that fraction wherein the numerator is (1) and the denominator is the total number of Units existing in the regime at the time of each expansion, and such undivided interest in the Common Areas shall not be divisible from the Unit to which it appertains.
5.3 Unit ownership shall include the use and primary control of the respective Limited Common Areas associated with each Unit, as described above at 3.3, subject to the rights reserved to the Association and other Unit Owners in this Declaration.
5.4 Unit Owners, by acceptance of their deeds, covenant and agree as follows:
(A) That the Common Areas shall remain undivided’ and no Owner shall being any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Condominiums. .
(B) The Unit shall be occupied and used by the respective Owners only as a private dwelling for the Owner, his family, tenants, and social guests, and for no other purpose.
(C) The Owners of the respective units agree that if any portion of the Common Areas, Limited Common Areas, including any driveway, walkway, parking area, or utility line, encroaches upon the Unit, a valid easement for the encroachment and for the maintenance of same, so long as it remains, shall and does exist.
(D) An owner of a unit shall automatically upon becoming the Owner of the Unit, be a member of the APPLEWOOD PARK VILLAS ASSOCIATION, and shall remain a member of the Association until such time as his ownership of the Unit ceases for any reason, At which time his membership in said Association shall automatically cease.
(E) The Owners of the Units covenant and agree that the administration of the Condominiums shall be in accordance with the provisions of this Declaration and the By-Laws of the Association.
(F) Each Owner, tenant, or occupant, of a Unit, shall comply with the provisions of this Declaration, the By-Laws of the Association, decisions, and resolutions of the Association, or its representative, or successor, each as lawfully amended from time to time, and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. Any lessee of a Unit shall be subject to the covenants and restrictions contained in this Declaration, the By-Laws of the Association, and the decisions and resolutions, and any lawful amendments thereto.
(G) No Owner of a Unit may exempt himself from liability for his contribution toward the common expenses by waiver of the use of enjoyment of any of the Common Areas, or by abandonment of his Unit.
{H) In any conveyance of a Unit, the grantee of the Unit shall be jointly and severally liable with the grantor of such Unit for all unpaid assessments by the Association against the Unit for common expenses up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from such granter the amount paid by the grantee therefor. Where the grantee is the first mortgagee of the Unit, this provision shall not apply.
{I) Each Unit Owner shall administer, maintain, and repair his Unit at his own expense.
(J) Each Unit Owner shall, by reason of acceptance of his deeds, grant to the Association, on behalf of himself and all Unit Owners, an irrevocable power of attorney coupled with an interest, to acquire title to, or lease any Unit whose owner desires to surrender, sell or lease the same, or that may be subject to foreclosure or other judicial sale, and to convey sell, lease, sublease, mortgage, or otherwise deal with any unit so acquired. Any unit leased or acquired by the Association, in any manner whatsoever, shall be held by the Association on behalf of all Unit owners, in proportion to the respective common interest of such Owners as set forth above; provided, however, that the Association may act with regard to any such Unit leased or acquired, as the Association, in its discretion, deems appropriate.
(K) In the event of damage or destruction of any Unit, or Units, of a building, a two-thirds (2/3) majority vote of all Unit Owners of such building (each Unit having one vote) shall determine whether the improvements shall be rebuilt. In the event of a tie vote, the decision of the Board of Directors of the home owner’s association shall control.
ARTICLE VI
Common Areas
The Common Areas shall include the land and all other parts of the Condominiums which are not Units or Limited Common Areas.
ARTICLE VII
Easements and Reservations
7.1 Easements are reserved throughout the Condominiums property Units and Common Areas, as may be required for utility services, in order to adequately serve the Units. This Declaration is subject to all easements of record.
7.2 The Declarant hereby reserves unto itself, its successors and assigns, an easement in, upon, through and over the Common Areas for as long as the Declarant, its successors, and assigns, shall be engaged in the construction, development, and sale of Units, which easement shall be for the purpose of construction, installation, maintenance, and repair of ·existing improvements and appurtenances thereto, for ingress and egress, for the use of all roadways, existing and future dwelling unit models for sales promotion and exhibition.
7.3 The Declarant reserves unto itself, its successors, assigns, and agents, an easement in, upon, through and over the lands comprising the Limited Common Areas, Common Areas, and respective Units for the purpose of installation, maintenance, repair, and replacement of all sewer, water, power, and telephone lines, pipes, mains, conduits, waters, poles transformers, and any and all other equipment or machinery necessary or incidental to the proper functioning of any utility systems servicing the Condominiums.
7.4 The Declarant, for itself, its successors, and assigns, hereby declares that the lawful agencies of the City of Muncie, County of Delaware, and the State of Indiana (but not the public in general), shall have a perpetual nonexclusive easement to enter upon all roadways and driveways, not otherwise dedicated to the public, for purposes of maintaining the safety, health, welfare, police, and fire protection of the citizens of the City, County, and State, including the residents of the Condominiums.
7.5 The Declarant, for itself, its successors and assigns, hereby declares that each Unit Owner, respectively, shall have the exclusive easement of use, occupancy, and quiet enjoyment over its Unit, subject to the restrictions set forth in this Declaration and By-Laws.
ARTICLE VIII
Unit Mortgages
The holder of any first mortgage, or purchase money mortgage, on a Unit, unless the mortgage itself expressly provides otherwise, shall be deemed to include the following privileges:
8.1 The Condominiums may not be abandoned, or terminated without the prior written approval of the above Unit mortgagees. Any material amendment to the Declaration, or the By-Laws of the Association, including but not limited to, any amendment which would change the percentage interests of the Unit Owners in the project, shall not take effect, until or unless the written approval of the above Unit mortgagees is obtained in proportion to the number of Unit Owner approvals required for any such amendments, except as provided in Article XI hereof.
8.2 Any lien which the Association may have on any Unit for the payment of common expenses, or for assessments attributable to such Unit is subordinate to the lien of the first Unit mortgagee, or purchase money mortgagee as to that Unit, provided that such mortgage was recorded prior to the date of the filing by the Association of any claim of lien for unpaid assessments in the Delaware County Recorder’s Office.
8.3 A first mortgagee, or purchase money mortgagee of a unit shall, upon request, be entitled to inspect the books and records of the Association during normal business hours, and to receive an annual audited financial statement of the Association within 90 days following the end of any fiscal year of the Association, and to written notice of all meetings of the Association and to designate a representative to attend any or all such meetings.
8.4 Upon written request to the Association, any first mortgagee, or purchase money mortgagee, shall be entitled to written notice of any substantial damage to, or destruction of, the Unit upon which the mortgage is held, or any part of the common areas, and to any condemnation, or eminent domain proceedings wherein the mortgagee might be entitled to an award, or settlement by reason thereof.
ARTICLE IX
The Association
The Association shall be a nonprofit corporation under the laws of the State of Indiana, subject to the following:
9.1 Membership. The members of the Association shall consist of all the record owners of Units. Upon the recording of a Unit Deed, which conveys title to the Unit, the grantee of such deed shall become a member of the Association, and the membership of the Unit granter shall be thereby terminated.
9.2 Voting. Each member of the Association shall be entitled to cast one vote for each Unit owned by him; provided, however, that no more than one vote shall be allowed for any one Unit. If a Unit is owned by more than one person, or owned by a corporation, a certificate of appointment, designating the individual entitled to cast the vote for the unit, shall be filed with the Secretary of the Association. Such certificate shall be until revoked, or until superseded by a subsequent certificate, or until a change of ownership in the Unit occurs. A certificate designating the person entitled to cast the vote of the Unit may be revoked by any owner of the Unit. The Secretary may waive the filing of the certificate where the Unit is owned by a married couple and only the husband or wife votes.
9.3 Board of Directors. The affairs of the Association shall be conducted by a Board of Directors, each of whom shall be bonded and who shall be designated in the manner provided in the By-Laws. Notwithstanding any provision of the By-Laws of APPLEWOOD PARK VILLAS ASSOCIATION, the Declarant for itself, and for its successors Declarant as provided in Article III, Section 3.5 hereof, reserves the right and shall be entitled to elect a majority of the Board of Directors of the APPLEWOOD PARK VILLAS ASSOCIATION until the expiration of ten (10) years from the date of the recording of this instrument or, if sooner, until the sale and transfer of title of all of the units of the Condominiums. The within reservation may not be amended, rescinded, revoked, modified, or altered without the express consent of the Declarant, or its successors Declarant.
Every Director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him, in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being, or having been, a Director or officer of the Association, or any settlement thereof, whether or not he is a Director or officer at the time such expenses are incurred, except in such cases wherein the Director or officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties.
9.4 Limitation upon liability. Notwithstanding the duty of the Association to maintain, operate, replace, and repair the Limited Common Areas and Common Areas of the Condominiums, the Association shall not be liable for injury or damage, other than the cost of maintenance, operation, replacement, and repair, caused by a latent condition of the property to be maintained, operated, replaced, and repaired by the Association, or by the elements, or by other Owners or persons.
9.5 Agent to receive process. The following person, a resident of the State of Indiana, is designated as the Agent to receive service of process upon the Association: Lifestyle Building Corp., 2200 North Halifax, Muncie, Indiana 47304
9.6 Property in trust. All funds and title to property acquired by the Association, and the proceeds thereof, shall be held in trust for the members of the Association in accordance with the provision of this Declaration and the By-Laws; provided, however that the Association may deal with such funds and title as it deems to be in the best interest of the Association.
9.7 Insurance. The Association shall obtain, and continue in effect, blanket property and casualty insurance on the Common Areas, in an amount equal to the maximum insurable replacement value of the Common Areas as determined annually by the Board of Directors of the Association. Such insurance shall afford protection against loss or damage by fire, or other hazards covered by a standard extended coverage endorsement, and such other loss or risk as the Board of Directors of the Association shall deem appropriate. Such policy of insurance shall name the Association, the individual Unit Owners, and the institutional first mortgagees as insureds and shall insure the Units, if the Board of Directors deems such additional insurance coverage appropriate. The Association shall also obtain, and continue in effect, public liability insurance in such amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverage, and with cross liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner; workers compensation policy to meet the requirements of the law; and such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable. All proceeds covering property losses shall be paid to the Association, and the Association shall have the sole right and duty to promptly settle, litigate, or otherwise dispose of any property loss claim on behalf of the named insureds. Premiums for insurance policies purchased by the Association shall be paid by the Association as a common expense, to be included in the monthly assessment for common expenses.
9.8 Nothing contained herein shall bar a Unit Owner from obtaining insurance on his individual Unit; and individual Unit. Owners shall have the exclusive right to settle, adjust, or litigate any claims under any policies purchased by, and paid for by, the respective Unit Owners individually.
9.9 The By-Laws of the Association shall be in the form attached hereto as "Exhibit E."
ARTICLE X
Use Restrictions
The use of the property of the Condominiums shall be in accordance with the following provisions so long as the Condominiums exists:
10.1 Units. Each of the Units shall be occupied only by a single family, its servants, and guests, as a residence and for no other purpose.
10.2 Leasing. No Unit shall be rented by the Owners thereof for transient or hotel purposes, which shall be defined as "any rental for any period less than six months." All prospective tenants must be approved in writing by the Board thirty (30) days before occupancy. The Board shall have absolute discretion to reject any prospective tenant so long as such rejection is not on the basis of race, creed, or national origin.
10.3 Common Areas. The Common Areas shall be used only for the purposes for which they are intended or established, in the furtherance of the services and facilities for the enjoyment of the Units.
10.4 Limited Common Areas. Limited Common Areas shall be for the exclusive use of the respective adjoining Unit Owner and may be used in such manner as shall not be inconsistent with the rules and regulations of the Association.
10.5 Nuisances. No nuisance shall be allowed upon the Condominiums property, nor shall any use or practice which is the source of annoyance to residences, or which interferes with the peaceable possession and proper use of the property by the residents, be allowed. All parts of the property shall be kept in clean and sanitary condition, and no rubbish, or garbage, or refuse shall be allowed to accumulate, nor shall any fire hazard be allowed to exist.
10.6 Lawful use. No immoral, improper, offensive, or unlawful use shall be made of the Condominiums property, or any part thereof; and all valid laws, zoning ordinances, and regulations of all governing bodies having jurisdiction shall be observed.
10.7 Regulations. Reasonable regulations concerning the use of the Condominiums property may be made and amended from time to time by the Board of Directors of the Association; provided, however, that all such regulations and amendments thereto shall be approved by not less than a majority of the voters of the Association before such shall become effective.
10.8 Abatement and enforcement of restrictions and regulations.
(A) In the event of the violation of any restriction or regulation in the Declaration, or duly adopted by the Board of Directors of the Association, the Board may, after not less than ten (10) days' written notice received at any reasonable hour on any day, enter upon that part of any Unit, Limited Common Area, or Common Area where such violation or breach exists, and summarily abate and remove such violation, at the expense of the defaulting Unit Owner, any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions of the Declaration and regulations of the Association, and the actions by the Board, or its agents, shall not be deemed a trespass; or
(B) Enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.
All expenses of the Board in connection with such actions or proceedings, including court costs and attorney fees, and other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the highest rate then allowed by law until paid, shall be charged and assessed against such defaulting Unit Owner, and shall be added to and deemed part of his respective share of the common expenses, and the Board shall have a lien for all of the same upon the Unit of such defaulting Unit Owner and upon all of his additions and improvements thereto and upon all of his personal property located therein. Any and all of such rights and remedies may be exercised at any time and from time to time cumulatively, or otherwise, by the Board. In addition, any aggrieved Unit Owner shall have the same rights and remedies as the Board hereunder in connection with any such violation. It is expressly agreed by each Unit Owner that the Board has the lien rights described herein.
10.9 No "For Sale" or "For Rent" signs, advertising, or other displays, shall be maintained or permitted on any part of the Common Area or Limited Common Area. Notwithstanding the forgoing, the Declarant reserves unto itself and its agents the right to place and maintain on the Common Area such signs and advertising displays in such locations and such forms as may, from time to time, be determined to be advantageous by the Declarant, and such privilege of the Declarant shall continue until such time as all units have been sold.
ARTICLE XI
Amendments to Declaration
11.1 The Declarant expressly reserves for itself, and for its successors Declarant, as provided in Article IV, Section 4.3 hereof, for a period of ten years from the date hereof, unless otherwise stated herein, or until the closing of title of not less than 80 Condominiums Units within the confines of the lands owned by the Declarant depicted in "Exhibit A" and "Exhibit D," attached hereto, whichever event occurs first, the right to execute on behalf of all contract purchasers, Unit Owners, mortgagees, other lien holders, and parties claiming any legal or equitable interest in the Condominiums, or in any Unit, any amendments to the Declaration which it may deem appropriate, including, but not limited to:
(A) Adding to or altering the location, size and/or purpose of easements and larids for utilities, roads, access, egress, drainage, and/or financing purposes.
(B) To permit the users or occupants of lands owned by, or controlled by, the Declarant to utilize easements, roads, drainage facilities, utility lines, and the like within or servicing the Condominiums, on fair and equitable terms and conditions to be negotiated with the APPLEWOOD PARK VILLAS ASSOCIATION.
(C) To surrender or modify rights of the Declarant in favor of the Unit Owners and/or the APPLEWOOD PARK VILLAS ASSOCIATION, and/or their respective mortgagees.
(D) Any amendment to the Declaration will become effective upon the recording of an amendment to the Declaration in the Office of the Recorder of Delaware County. The Declarant will, thereafter, provide copies of said amendment to each Owner and mortgagee affected.
11.2 Upon the expiration of the reservation of the Declarant, as set forth in Section 11.1 of this Article, or upon surrender or modification of the rights reserved by the declarant, in accordance with Section 11.l(C) of this Article, then the following shall apply:
This Declaration may be amended or supplemented by the affirmative vote of those Unit Owners entitled to exercise 75% of the total voting power of the Association, cast in person, or by proxy, at a meeting duly called and held in accordance with the ByLaws of the Association; provided, however, that any such amendment or supplement must first have been approved in writing by first mortgagees and purchase money mortgagees holding mortgages on not less than 75%, of the Units subject to mortgages. No such amendment shall be effective unless recorded in the Office of the Recorder of Delaware County, Indiana.
ARTICLE XII
Assessments for Common Expenses
Common expenses shall be assessed by the Board of Directors annually, but shall be payable in equal monthly installments, expect that upon default in the payment of any monthly installment, the Board of Directors may elect to accelerate the amount due, and charge interest on the amount due at the maximum rate allowed by law, plus reasonable attorneys’ fees, accrued as of the date of default. Only Units for which certificates of occupancy have been issued shall be assessed, and each Unit’s share of such assessment shall be determined by dividing one by the total number of Units for which certificates of occupancy have been issued on the first day of each year, anything to the contrary herein or in the By-Laws of the Association notwithstanding. The amount payable monthly be the existing Units, multiplied by the number of months remaining in the Association’s fiscal year. If the total assessments exceed the costs for that year, such excess shall be applied to costs and reduce the assessments for the following year. Special assessments may be made if deemed appropriate by the Board of Directors.
ARTICLE XIII
Invalidity
If any one or more provision of the Declaration are declared invalid, such invalidity shall in no way impair, or affect the validity, enforceability, or effect of the remainder of this Declaration.
ARTICLE XIV
Waiver
No provision contained in this Declaration shall be deemed waived by reason of any failure to enforce the same, irrespective of the number of violations, or the consistency of such failure of enforcement.
ARTICLE XV
Captions
Captions are inserted in this Declaration for convenience and reference only, and shall not be taken in any way to lim.it or describe the scope of this Declaration or any provision hereof.
STATE OF INDIANA COUNTY OF DELAWARE
SS:
Before me, a Notary Public in and for said County and State, personally appeared Stephen R. Lowry, known to me to be President and Secretary of Lifestyle Building Corp., who acknowledged the execution of the foregoing Declaration, and who, having been duly sworn, stated that any representations therein contained are true.
WITNESS my hand and Notarial Seal this December, 1993.
day of
My Commission Expires:
NOTARY PUBLIC· STATE OF INDIANA
Fredrick W Wenger
Resident Delaware County ,
My Commission expires December 22,
Notary Public Resident of Delaware County, Indiana
This instrument prepared by Fredrick w. Wenger, Attorney at Law
STATEMENT FOR DECLARATION OF HORIZONTAL PROPERTY FILING FOR APPLEWOOD PARK VILLASc
A CONOOMINIUH PROJECT IN DELAWARE COUNTYc INDIANA
Keith L. Gary hereby certifies as follows:
1. That he is a Registered Architect, with the State of Indiana, holding Reg. #870124.
2. That he has examined the Project Survey as drawn by Samuel R. Morrison, Indiana Registered Land Surveyor No. S0155, dated November 15, 1993, Exhibit B (attached to the Declaration) which makes provisions for four (4) Units, namely: Units 2901, 2903, 2905, and 2907.
3. That he has examined the plans of the building for Tract #1, as filed with and approved by the Building Commissioner of City of Muncie, Muncie, Indiana, the Agency having jurisdiction over the issuance of permits for the construction of buildings in Muncie, Indiana.
4. That said plans, and the attachments hereto, fully and accurately depict the layout, elevation, unit number, location, and dimensions of the Units as built on Tract #1 in Applewood Park Villas, a Condominium.
Dated this 20th day of December, 1993.
By-Laws
6/16/08
AMENDED BYLAWS OF
APPLEWOOD PARK VILLAS TABLE OF CONTENTS
Article I: Purpose; Definitions............................................................ 7
Article II: Board of Directors............................................................. 7
Section 1. Number and Qualifications Section 2. Powers and Duties
Section 3. Management Agent
Section 4. Election and Term of Office Section 5. Vacancies
Section 6. Removal of Directors Section 7. Compensation
Section 8. Organization Meeting of Board of Directors Section 9. Regular Meetings
Section 10. Special Meetings Section 11. Waiver of Notice Section 12. Quorum
Section 13. Fidelity Bonds
Section 14. Consultation to the Board
Article III: Members of the Association................................................ 10
Section 1: Membership Section 2. Place of Meetings Section 3. Annual Meeting Section 4. Special Meetings Section 5. Notice of Meetings Section 6. Adjourned Meetings
Section 7. Annual Meeting--Order of Business Section 8. Voting
Section 9. Majority of Owners Section 10. Quorum
Section 11. Proxies
Section 12. Owners through Foreclosure
Article IV: Officers................................................................................... 12
Section 1. Designation of Officers Section 2. Election of Officers Section 3. Removal of Officers Section 4. President
Section 5. Vice President Section 6. Secretary
Section 7. Treasurer
Article V: Obligation of Owners......................................................... 13
Section 1. Assessments
Section 2. Maintenance and Repair Section 3. Insurance
Section 4. Rules of Conduct
Article VI: Sale or Lease of Unit.......................................................... 18
Article VII: Penalties........................................................................... 18
Article VIII: Amendments to the By Laws........................................... 18
Article IX: Statutory Compliance......................................................... 18
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BY-LAWS OF APPLEWOOD PARK VILLAS ASSOCIATION
ARTICLE I
Purpose; Definitions
Section 1. The APPLEWOOD PARK VILLAS ASSOCIATION, a nonprofit corporation organized under the Indiana Not-for-Profit Corporation Act, has been established to administer APPLEWOOD PARK VILLAS, located in the City of Muncie, Delaware County, pursuant to the Indiana Horizontal Property Laws, the Declaration of APPLEWOOD PARK VILLAS, and these By-Laws, which may be amended from time to time. Definitions contained in the Indiana Horizontal Property Law, as the same may be modified by the Declaration of APPLEWOOD PARK VILLAS, apply herein.
ARTICLE II
Board of Directors
Section 1. Number and qualifications. The affairs of the APPLEWOOD PARK VILLAS shall be administered and managed by the association of owners, all power and authority of which shall be exercised through the Board of Directors. The Board of Directors shall be constituted of five Unit Owners elected by the Unit Owners.
Section 2. Powers and duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association as set forth in the Indiana Horizontal Property Law and may do all acts and things as are not by law, the Declaration, or these By-Laws, directed to be exercised and done by the owners. The powers and duties of the Board of Directors shall include, but not be limited to:
(a) Maintenance, repair, replacement, and operation of the common elements and utility/cable lines to the extent that they are under the control of the Association and not within any residential dwelling of any Unit.
(b) Establish, assess, and collect assessment(s) from the unit owners to cover both current expenses and reserves, and maintain accounting records.
(c) Employ and dismiss personnel necessary for the maintenance and operation of the common elements and facilities.
(d) Establish and enforce rules and regulations as adopted by the Board for the conduct of owners, occupants, and users of the Condominium property or facilities and/or units.
EXHIBIT "A"
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Section 3. Management Agent. The Board of Directors may employ, for the Association, a management agent at a compensation established by the Board to perform such duties and services as the Board shall authorize.
Section 4. Election and term of office. Each Director shall be elected by a majority of the Unit Owners at any meeting where a quorum (1/4) of the Unit Owners is present. Director(s) shall be elected to serve a three-year term. Should an election be held at which no candidate for Director receives a majority vote, a run off election shall be held between the two candidates receiving the most votes if one Director is being elected and among the three candidates receiving the most votes if two Directors are being elected.
Section 5. Vacancies. Vacancies on the Board of Directors caused by any reason shall be filled by a majority vote of the remaining Directors. In the event of a deadlock, the vacancy(ies) will be filled by a majority vote of a quorum (1/4) of the Unit Owners. An individual appointed by the Board of Directors to fill a vacated position shall serve in the position until the next Annual Meeting. At that time, the position shall be considered vacant and the vacated position shall be filled per Section 4 above. The person elected at the Annual Meeting will serve the remainder of the original term of the Director slot that was vacated.
Section 6. Removal of Directors. A Director may be removed at any regular or special meeting of the Association members duly called for that purpose by a majority vote of a quorum (1/4) present at any such meeting. A successor may then and there be elected to fill the vacancy created (see section 5 above). Any Director whose removal has been proposed by any Owner(s) shall be given an opportunity to be heard in the meeting and shall be afforded the right to have the vote on his removal adjourned to a new date not less than seven nor more than ten days from the date of the meeting at which the removal is proposed.
Section 7. Compensation. The Directors of the Association shall serve without compensation.
Section 8. Organizational Meeting of the Board of Directors. The Board of Directors shall meet immediately following the Annual Meeting of the Association for the purpose of electing new officers for the following year.
Section 9. Regular meetings. Regular meetings of the Board of Directors shall be held at such times and places as shall be determined by a majority of the Directors. At least two such meetings shall be held during each fiscal year. The Secretary shall give notice of the meetings of the Board to each Director personally, by mail, or by telephone at least three days prior to the day of the meeting. The Board should announce in advance the date, time, and place of the meetings; it should make every effort to schedule both day and evening times so that Unit Owners may attend. Board meetings shall be open to Unit Owners, and minutes from Board meetings should be posted in the Clubhouse shortly after each meeting.
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Section 10. Special meetings. The President or any two members of the Board of Directors may call a special meeting of the Board of Directors on three-days notice. Each Director shall be notified personally, by mail, or by telephone; the notice shall state the time, place, and purpose of the meeting.
Section 11. Waiver of notice. Before, or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to giving such notice. A Director's attendance at any meeting of the Board shall be a waiver of notice by such Director of the time and place thereof, and if a majority of the Directors are present at any meeting of the Board, no notice shall be required, and any business may be transacted at such meeting.
Section 12. Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of the business of the Board. If at any meeting of the Board of Directors there is less than a quorum present, the meeting shall be adjourned and any business that might have been acted upon at the meeting will be postponed until any future meeting of the Board of Directors.
Section 13. Fidelity bonds. The Board of Directors shall require that all officers and employees of the Association handling, or responsible for, Association funds furnish adequate fidelity bonds, the premiums of which are deemed to be a common expense.
Section 14. Consultation to the Board. The Board of Directors may, from time to time, consult with past officers of the Association. In addition, the Board may request assistance from Unit Owners or other individuals having the needed expertise. This assistance shall be considered good faith, and no compensation will be paid.
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ARTICLE III
Members of the Association
Section 1. Membership. All owners of an Applewood Condominium Unit are automatically members of the Association.
Section 2. Place of meetings. Meetings of the Association members shall be held at such suitable place convenient to the Unit Owners as may be designated by the Board of Directors.
Section 3. Annual meetings. The Annual Meeting of the Association shall be held prior to September 15th of each year.
Section 4. Special meetings. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority of the Owners and presented to the Secretary. The announcement of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting other than that stated in the announcement, unless by consent of three-fourths of the Owners present.
Section 5. Notice of meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting to each Owner of record at least five but not more than thirty days prior to such meeting. The notice shall state the purpose as well as the time and place of the meeting. Toe mailing of a notice, in the manner provided in this Section, shall be considered notice served.
Section 6. Adjourned meetings. If at any meeting of the Owners a quorum (1/4 of the Unit Owners) is not present, the meeting shall be adjourned to a time not in excess of seven days from the time for which the original meeting was scheduled.
Section 7. Annual Meeting--Order of business. The order of business at the Annual Meeting of the Unit Owners may be as follows:
(a) Proof of notice of meeting, or waiver of notice;
(b) Reading of minutes of preceding Annual Meeting;
(c) Reports of officers;
(d) Reports of committees;
(e) Election of Directors to vacant slots;
(f) Unfinished business; and
(g) New business.
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Section 8. Voting. Voting shall be on the basis of one vote for each Unit. The Owner of two or more Units shall be entitled to a sum total of one vote for each unit owned.
Section 9. Majority of owners. As used in these By-Laws, the term "majority" shall mean fifty one percent.
Section 10. Quorum. Except as otherwise provided in these By-Laws, the presence, in person or
by proxy, of one-quarter of the persons entitled to vote shall constitute a quorum.
Section 11. Proxies. Unit Owners may cast votes by proxy. Proxies must be filed in writing with the Secretary at least five days prior to the appointed time of each meeting.
Section 12. Owners through foreclosure. Any mortgagee of a Unit through a mortgage foreclosure proceeding shall be deemed to be an Owner at the time of the recording of the Sheriffs deed. Said Owner shall from thenceforth be deemed to be an Owner with all of the privileges, voting rights, and duties of an Owner.
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ARTICLE IV
Officers
Section 1. Designation of Officers. The principal officers of the Association shall be a President, a Vice-President, a Secretary, and a Treasurer, all of whom shall be elected by and from the Board of Directors. The Directors may appoint an Assistant Treasurer and an Assistant Secretary, and such other officers as in their judgment may be necessary. However, only the five elected Board members shall have voting rights.
Section 2. Election of officers. The officers of the Associ:1tion shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office at the pleasure of the Board.
Section 3. Removal of officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, with cause, and his successor elected immediately, or at the next regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose.
Section 4. President. The President shall be the Chief Executive Officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all the general powers and duties that are usually vested in the office of the President of an association, including, but not limited to, the power to appoint committees from among the Owners as he may decide is appropriate to assist in the conduct of the affairs of the Association.
Section 5. Vice-President. The Vice-President shall have the duties assigned by the President. If the President is unable to act or is absent, the Vice-President will serve in the President's place and will exercise the same powers and duties of the President on an interim basis and will continue do so until the President returns and/or is able to resume the President's position.
Section 6. Secretary. The Secretary shall keep and maintain the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association. He shall be responsible for the minutes and other important documents of the Board and shall have charge of such books and papers as the Board of Directors may direct. He shall, in general, perform all duties incident to the office of Secretary.
Section 7. Treasurer. The Treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may be designated by the Board of Directors.
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ARTICLE V
Obligations of the Owners
Section 1. Assessments. All Unit Owners are obligated to pay any assessment(s) that may be imposed by the Board of Directors of the Association. Such assessment(s) shall be used for the repair, maintenance, improvement, and replacement of the common areas of Applewood Park Villas. These expenses may include liability and hazard insurance policy premiums for the protection of the Association and its officers and Directors. All assessments shall be made pro rata according to the proportionate share of expenses set forth in the Declaration of the APPLEWOOD PARK VILLAS, as such Declaration is amended from time to time in the future.
The Board of Directors may enforce the collection of any assessment against any Unit Owner by any lawful means, including, but not limited to:
(a) Recording a notice of lien with the Recorder of Delaware County,
(b) Filing suit against the individual Unit Owner(s) of said Unit. The obligation of the Unit Owner(s) to pay assessments shall be joint and several. In any suit filed, the individual Owner(s) delinquent in payments shall be liable to the Association for interest and reasonable counsel fees and costs entailed in the collection of assessment(s).
Section 2. Maintenance and repair.
(a) Common areas. The Board of Directors acting for the Association shall perform promptly all maintenance and repair work required to properly maintain the common areas of the Condominiums. All payment vouchers shall be submitted to the Board of Directors and approved by them or their agent.
(b) Utilities. Repairs and maintenance of underground installations within the common areas, such as water, light, power, sewage, telephones, cable, sanitary installations, and all accessories, shall be at the expense of the Association.
(c) Reimbursement to the Association. An owner shall reimburse the Association for any expenditures incurred in repairing or replacing any common areas, or part thereof, damaged through the fault of a Unit Owner or any person coming within the limits of the Condominium at the invitation or with the permission of said Unit Owner, including members of the Unit Owner's family.
(d). Unit Owners. It is the responsibility of the Unit Owners to maintain,
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repair, and decorate their respective units limited to that area defined as "from the paint in." This includes all alterations and improvements made to the interior, interior walls, all interior fixtures, carpeting, tile floors, fireplaces, water heaters, brick patio walls, storm doors, and interior utility installations. It also includes the mechanism operating the garage door, air-conditioning and heating equipment, and any exterior air-conditioning unit if the equipment is used exclusively by a
particular unit.
(e) Association. It is the responsibility of the Association to properly maintain and repair all common and limited common areas, including but not limited to: Brick unit walls (not patio walls), guttering, soffits, roofs, chimneys, wooden patio fences, front doors
(standard doors of original installation), garage doors, windows, window frames and screens, exterior driveways and sidewalks, exterior lighting fixtures (except those installed on brick patio walls), and exterior utility lines and connections.
Section 3. Insurance.
(a) Units. It is the responsibility of the Unit Owners to provide and maintain appropriate insurance coverage for their personal property. Also, every Unit Owner is required to purchase and continue in effect not less than $500,000.00 in public liability insurance and to provide proof of coverage to the Board of Directors.
Section 4. Rules of conduct. APPLEWOOD PARK VILLAS has been designed and built to exacting standards and esthetic requirements. These Rules have been established for the protection of Unit Owners to achieve the goal of a pleasant environment and the protection of the Unit Owner's investment.
(a) Speed limits and parking. The maximum speed limit throughout the Condominium area is 15 m.p.h. No parking is allowed on unsurfaced areas or in the street. However, Unit Owners may secure prior approval of the Board of Directors for limited street parking at the Clubhouse. Only one side of the street is to be used for approved street parking, and all cars are to be headed in the same direction. No driveways are to be blocked. The parking spaces adjoining the Clubhouse are for the use of those having business to conduct, meetings, or social affairs at the 
Clubhouse or pool. Unit Owners may request prior approval of the Board of Directors for limited, occasional overnight parking in these spaces for guests[AW1] .
(b) Garbage and Trash. Garbage and trash removal is provided (the service includes the city's recycling program). Only trash containers provided by he trash-collection service are to be used. All trash and recyclable material shall be put in appropriate plastic bags and placed in trash container provided. Garbage and trash containers shall be kept clean and free of offensive odors and are to be returned to the Owner's garage no later than the end of the day pickup occurred. Burning trash is not permitted.
(c) Pets. One reasonably sized house or domestic pet is permitted per Unit (for example, dogs of medium" breed or smaller not exceeding 35 pounds and/or 18 inches at the shoulders; cats not exceeding 20 pounds).
Exceptions to this rule may be requested in writing of the Board
of Directors prior to a current unit owner securing a pet or a new resident purchasing a unit. The request must include a written argument as to why the Board of Directors should make an exception. Pets cannot be allowed to run loose (even in close proximity to the owner's unit), and pet owners shall restrain their animals from the limited commons areas. No outside pens or doghouses are permitted. The pet owner shall be responsible for the immediate removal and proper disposal of pet waste.
(d) Storage and Repair. Boats, utility trailers, commercial trucks, motor homes, and recreational vehicles shall not be stored or parked in APPLEWOOD PARK VILLAS. There shall be no major repair or fluid changes performed on any boat or other vehicles.
(e) Mini-Satellite Dishes. Dishes are allowed with prior approval of the Board and in accordance with the established Applewood Park Villas
policy (see Rules and Regulations or the current separate policy s
statement).
(f) Landscaping. The association provides basic landscaping. Unit Owners may plant annuals within the landscaping provided by the Association. (Several of the units have extensive landscaping based on
permission given by the original builder of Applewood Park Villas. The Board of Directors shall not approve further extensive landscaping.) Any kind or type of landscaping other than annuals (trees, perennials, shrubs) or otherwise altering and/or changing the appearance of common areas or limited common areas adjoining an Owner's unit or elsewhere requires the prior written approval of the Board of Directors. If approved, the Unit Owner will have the responsibility of having the underground utilities marked prior to any digging or excavation. In granting permission for this
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variation, the Board will stipulate to the Owner requirements for future care of the additions or alterations (for example, trees of necessity usually become Association property while certain perennials may or may not). This stipulation may require that said Owner restore the area to the original condition upon sale of the unit or secure a written agreement that a new Owner will assume the responsibility required in the Board approval. While not required, Unit owners may enjoy assisting the Association's landscape contractor by keeping landscaped areas connecting to their unit watered, weeded, and attractive.
Plantings and potted plants within the patio confines are the full responsibility of the Unit owner. The Association may notify the Unit Owner to eliminate unsightly patio weeds and growth, and if not corrected, have the work done at the Unit Owner's personal expense.
(g) Visible areas. Nothing shall be hung or displayed on the outside or inside of the windows except inoffensive drapes, curtains, or louvered blinds. The Unit Owner may place one "For Sale" sign in one window when the unit is on the real-estate market. (A Unit Owner may request from the
Board an exception to this policy if the unit has no window visible from t
he main drive.) Nothing is to be placed on the outside
walls of a building without prior Board approval; the Unit Owner accepts responsibility for any expense caused by the repair of any damage resulting from these attachments. No sign, awning, canopy, shutter, or television or citizen's band or other radio antenna or transmitter, or any other devise or ornament shall be affixed to or placed upon the exterior walls or roof of any unit without the prior approval of the Board of Directors [see item (e) above regarding satellite dishes]. Color conformity will be maintained. Window frames, doors, gutters, patio fences and other exterior painted surfaces, whether repainted or replaced, shall duplicate the original color, type and structure.
(h) Public sales or auctions. Garage sales, rummage sales, and public auctions are prohibited.
(i) Offensive activities. No noxious or offensive activity shall be carried on within any Unit or upon the Common or Limited-Common Areas. No activity or "project" shall be conducted that may endanger the health
of, or unreasonably disturb, any occupant.
(j) Clubhouse rules. The Board of Directors shall adopt rules and regulations concerning use of the clubhouse by Unit Owners and their guests. The Board of Directors shall provide a safe, clean, and enjoyable area for meetings and parties. The clubhouse is for the exclusive use of Unit Owners and their guests. Rental to outside organizations and/or individuals is strictly prohibited. Outside organizations may use the
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facilities if a Unit Owner sponsors the organization, makes the appropriate reservation, is in attendance at the event, and is the last person to leave to ensure that the clubhouse is properly shut-down and locked. Use of the clubhouse is not permitted without an approved reservation in advance that states the specific date, time, and nature of the event. Failure to properly and promptly clean-up following use of the clubhouse will result in a service charge to cover the cost of clean-up by the Association.
(k) Swimming pool. The swimming pool is for the exclusive use of Unit Owners, their family, and guests. Rules governing the pool's usage shall be posted in appropriate locations around the pool area. See the Applewood Park Villas Rules and Regulations for further details.
(1) Pond. The pond is for the exclusive use of Unit Owners, their family, and guests. All fish caught must be released immediately and returned to the pond. Fish-hook barbs are to be pinched down. No boats or inner tubes are permitted in the pond except to service the fountain or recover fishing equipment as authorized by the Board of Directors. No swimming or wading is permitted and, in the winter, no one is allowed on the ice for any purpose.
(m) Compliance. Unit Owners and their guests and tenants are expected to comply with these By-Laws, including any amendments made to these By-laws, the Declaration, the Applewood Park Villas Rules and Regulations, and State, County and City Ordinances, including applicable Zoning Ordinances.
(n) For Sale and Open House Signs shall be permitted between 8 A.M. Friday and 5 P.M. Sunday. Only (3) signs are permitted. One in the grassy area at the entrance, one at the driveway intersection, and one at the patio area.
(o) Heat tape or wire to prevent ice darns-is allowed. with prior approval of
The Board and in accordance with the established Applewood Park Villas policy (see Rules and Regulations or the current separate policy
statement).
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ARTICLE VI
Sale or Lease of Unit
Section 1. Any Unit Owner who intends to sell his Unit shall give the Association a notice in writing of such intent. Included in this written notice is to be the name, address, telephone number, and email address (if available) of the proposed purchaser. The Board may verbally or in writing request additional information concerning the proposed sale as the Association may reasonably require.
Section 2. Effective September 30, 2005, a Unit Owner shall not be permitted to lease a unit for less than a 12-month lease. A copy of the lease is to be given to the Board of Directors immediately upon obtaining the lessee's signature. The Unit Owner is responsible to see that the tenant conforms to the By Laws and Rules and Regulations of Applewood Park Villas. No sub leasing is permitted.
ARTICLE VII
Penalties
The Board of Directors may assess a reasonable monetary penalty upon a Unit Owner for any noncompliance or violation by the owner, his tenant, or his visitor of the Rules and Regulations of the Association, the Declaration, or By-Laws. Any violation that continues will be assessed a $25.00-per-day penalty. In addition, the Association may be entitled to collect all of its reasonable expenses incurred in the collection of such penalties, which might include attorney fees and court costs.
ARTICLE VIII
Amendments to By-Laws
These By-Laws may be amended by the approval of a 51% vote of the members entitled to vote at any annual meeting or any special meeting of the members called in accordance with Article III of these By-Laws.
ARTICLE IX
Statutory Compliance
These By-Laws are intended to comply with the requirements of the Indiana Horizontal Property Law and Declaration of Applewood Park Villas.
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2012R12488
JANE LASATER DEILAWARE COUNTY RECORDER
RECORDED ON 09/25/2012 3:09 PM
REC FEE: 16.00
AMENDMENT TO THE BY-LAWS OF APPLEWOOD PARK VILLA:s-,.PAGES: 3
This Amendment to the By-Laws of Applewood Park Villas, is made by the co-owners of said Condominium;
WHEREAS, the Declaration of Horizontal Property Ownership of Applewood Park Villas, was
filed in the Recorder's Office of Delaware County, Indiana, at HPR Book 1993, at pages 81-123 thereof; /
AND WHEREAS, said Declaration contained a copy of the By-Laws of Applewood Park Villas Association attached thereto as Exhibit "E'';
AND WHEREAS, said By-Laws provided that it could be amended by a two-thirds vote of the Board of Directors;
AND WHEREAS, on September 11, 2012, the Board of Directors of Applewood Park Villas Association amended said By-Laws, a copy of which Amendment to the By-Laws is attached hereto as Exhibit "A"·'
AND WHEREAS, on September 11, 2012, the co-owners of Applewood Park Villas Association agreed to said Amendment to the By-Laws;
in
NOW, THEREFORE, the By-Laws of Applewood Park Villas is hereby amended as follows: (See Exhibit "A" Attached Hereto)
IN WITNESS WHEREOF, this Amendment to the By-Laws of Applewood Park Villas was adopted on the 11th day of September, 2012, by the co-owners of Applewood Park Villas Association.
The number of co-owners entitled to vote respect to such amendment, the co-owners voting in
in
favor of the adoption of such amendment, and the co-owners voting against such adoption are as follows:
Co-owners entitled to vote:
Co-owners voting favor:
Co-owners voting against: 0
CERTIFICATE
Applewood Park Villas Association, Inc. does hereby certify that the attached Amendment to the Declaration ofApplewood Park Villas was duly adopted by the Board of Directors and the co-owners of Applewood Park Villas Association, Inc.
ATTEST:
(Nada Amburn) Secretary
BY:
APPLEWOOD PARK VILLAS ASSOCIATION INC.
STATE OF lNDIANA, DELAWARE COUNTY, SS: f·-
Before me, the undersigned notary public, in and for said County and State, this 24thday of
September, 2012, came Juanita Ruth Mullins, President, and Nada Amburn, Secretary of Applewood Park Villas Association Inc., and acknowledged the execution of the forgoing document.
Witness my hand and notarial seal.
No unty
This instrument prepared by Chip A. Alexander, Attorney at Law. "I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Chip A. Alexander."
AMENDMENT TO THE BY-LAWS OF APPLEWOOD PARK VILLAS ASSOCIATION, INC.
The By-Laws of Applewood Park Villas Association. Inc., are hereby amended as follows:
Article V, Obligations of the Owners. Section 1 (c) is hereby added as follows: Section 1. Assessments.
(c) In accordance with the provisions of LC. 32-25.5-3-3 the annual budget for the
I
Association shall be approved by a majority vote of the members at the annual meeting of the members of said Association.
Except as set forth herein the remaining terms and provisions of said By-Laws are hereby reaffirmed.
EXHIBIT "A"
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2021R16744
MELANIE MARSHALL DELAWARE COUNTY RECORDER RECORDED ON
09/30/2021 11:47 AM
REC FEE 25.00
PAGES: 3
RECORDED AS PRESENTED
ADMENDMENT TO THE BY-LAWS OF APPLEWOOD PARK VILLAS
This Amendment to the By-Laws of Applewood Park Villas, is made by the co-owners of said Condominium;
WHEREAS, the Declaration of Horizontal Property Ownership of Applewood Park Villas, was filed in the Recorder's Office of Delaware County, Indiana, at HPR Book 1993, at pages 81-123 thereof; /
AND WHEREAS, said Declaration contained a copy of the By-Laws of Applewood Park Villas Association attached thereto as Exhibit "E";
AND WHEREAS, said By-Laws provide that it could be amended by a two-thirds vote of the Board of Directors;
AND WHEREAS, on September 14, 2021, the Board of Directors of Applewood Park Villas Association amended said By-Laws, a copy of which Amendment to the By-Laws is attached hereto as Exhibit "A";
AND WHEREAS, on September 14, 2021, the co-owners of Applewood Park Villas Association agreed to said Amendment to the By-Laws;
NOW THEREFORE, the By-Laws of Applewood Park Villas is hereby amended as follows:
(See Exhibit "A" Attached Hereto)
IN WITNESS WHEREOF, this Amendment to the By-Laws of Applewood Park Villas was adopted on the 14th day of September, 2021 by the co-owners of Applewood Park Villas Association.
The number of co-owners entitled to vote in respect to such amendment, the co-owners voting in favor of the adoption of such amendment, and the co-owners voting against such adoption are as follows:
Co-owners entitled to vote
80
Co-owners voting in favor
54
Co-owners voting against
01
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ADMENDMENT TO THE BY-LAWS OF APPLEWOOD PARK VILLAS
The By-Laws of Applewood Park Villas Association, Inc., are hereby amended as follows:
Article V Obligations of the Owners. Section 4 (p) is hereby added as follows:
Section 4. Rules of Conduct.
(p) No alterations to the patios or sidewalks areas abutting a unit are permitted. No decorative surfacing of concrete is allowed. Any changes made to the size or configuration of patios or sidewalk areas must be approved by submitting a variance request to the board of directors and waiting on board approval before proceeding.
Except as set forth herein the remaining terms and provisions of said By-Laws are hereby reaffirmed.
EXHIBIT "A"
CERTIFICATE
Applewood Park Villas Association, Inc. does hereby certify that the attached Amendment to the By-Laws was duly adopted by the Board of Directors and the co-owners of Applewood Park Villas Associations, Inc at an annual meeting of the owners held on September 14, 2021.
APPLEWOOD PARK VILLAS ASSOCIATIONS INC.
BY:
(Sarah Mahboubi) President
ATTEST:
(Donna Catron) Secretary
STATE OF INDIANA, DELAWARE COUNTY, SS:
Before me, the undersigned notary public, in and for said County and State, this 14th day of September, 2021 came Sarah Mahboubi, President and Donna Catron, Secretary of Applewood Park Villas Association Inc., and acknowledged the execution of the foregoing document.
Margaret Ruby Hensley, Notary Public, Resident of Delaware County
This instrument was prepared by Margaret R. Hensley, Notary Public. "I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in the document, unless required by law." Margaret R. Hensley.