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HIGHLIGHTS

THE ORCHARD
 RESTRICTIVE COVENANTS

A.  One Homeowners Association (at least) encompassing the
               Single Family, the Paired Patios, and Fourplexes. Each of 3  
               areas shall comprise a Village.  Each Village shall have the
               ability to assess itself and encourage improvements and
               maintenance within. Flex area may opt to be a Village
               or form its own Association.

 B. Association's Responsibilities.

1. Management, maintenance, operation and control of
                      Common Areas including the streetscape areas.

2. Enforcement of Covenants and rules the Board of
                       Directors may adopt.

3. Administering and enforcing the architectural standards.

C.  Design and Construction Guidelines - see attached.

D. Ponds - Detention Basins 

1. County to accept and maintain storm water system on
                       right of way.

2.  Homeowners Association to maintain the
                        basins - landscaping, etc.

3.  If Homeowners Association fails to maintain,
                        County may assess.

E. Owner Occupied/Leasing.

1. Case law appears to permit some restrictions – No Indiana cases

2. Clause in Restrictive Covenants to restrict leasing unless:

a. Leasee is a relative.

b. Hardship exists.

c. Lease term exceeds minimum amount of time.

 If lease does not fall under the above restrictions, lease must be approved by Homeowner's Association.

Please click here to Download All Covenants