Saturday, October 31, 2020
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2020R-03191

VICKI BRAUNS

SPENCER COUNTY RECORDER ROCKPORT, IN RECORDED ON

09/17/2020 09;04 AM

REC FEE:      25.00

PAGES; 23

DECLARATION OF COVENANTS AND RESTRICTIONS OF CHRISTMAS LAKE VILLAGE

Recorded Document#

Office of the Recorder of SpencerCounty


TABLE OF CONTENTS

Section 1.        Definitions............................................................................................................... 2

Section 2.        Declaration.............................................................................................................. 4

Section 3.        PropertyRights in the Common Areas.................................................................... 5

Section 4.        The Lake::;............................................................................................................... 5

Section 5.        The Common Areas................................................................................................. 6

Section 6.        BoatDocks.............................................................................................................. 6

Section 7.         Maintenanceof Entry Ways and Landscape Easements......................................... 6

Section 8.        ChristmasLake Properties Association, Inc........................................................... 7

Section 9.        Assessments............................................................................................................. 7

Section 10.      Architectural Control............................................................................................. 10

Section 11.      Specific Restrictions.............................................................................................. 12

Section 12.      Common Areas...................................................................................................... 13

Section 13.      Useof Development Property............................................................................... 15

Section 14.      Easements............................................................................................................... 17

Section 15.      Enforcement........................................................................................................... 17

Section 16.      Amendments........................................................................................................... 17

Section 17.      Interpretation.......................................................................................................... 17

Section 18.      Duration.................................................................................................................. 18

Section 19.      Severability............................................................................................................ 18


AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS OFCHRISTMAS LAKE VILLAGE

This Amended Declaration ("Declaration") is made as of the 17thday of September 2020, by CHRISTMAS LAKE PROPERTIES ASSOCIATION, INC.("Association"), an Indiana

nonprofit corporation.

WHEREAS, by a majority vote of Subdivision One of the undersigned haveagreed to incorporation of Covenants and Restrictions Recorded 5/10/2005Document# 2005R-01881 Book 86 Page 483 Office of the Recorder of SpencerCounty, Indiana.

WHEREAS, the undersigned lot owner(s) are ownersof Lot(s),003,005,012,013,015,016,018,019,020,022,023,024,025,027,028,029,031,032,033,

035,036,037,038,039,040,041,042,043,044,045,046,048,049,053,056,059,060,061,

062,063,069,070,071,072,073,075,076,077,079,080,086,087,088,089,090,092,093,

094, 095, 096, 099, 100, 107,108, 110, 113, 119, 120, 121, 122, 127, 130, 138, 139, 142, 152,

156,157,158,162,163,164,168,169,172,174,175,176,177,179,180,185,187,in the First

Subdivision of Christmas LakeVillage.


AMENDED DECLARATION OF COVENANTS ANDRESTRICTIONS OF CHRISTMAS LAKE VILLAGE

This Amended Declaration ("Declaration") is made as of the10th day of May, 2005, by CHRISTMAS LAKE PROPERTIES ASSOCIATION, INC.("Association"), an Indiana non­ profit corporation.

WITNESSETH:

WHEREAS, Santa Claus Land, Inc. ("Developer") was the ownerof the real estate located in Spencer County, Indiana, described in Exhibit A and depicted in Exhibit B, upon which the Developer developed and built-out aresidential community known as Christmas Lake Village("Development"); and

WHEREAS, the Developer constructed certain improvements and amenities,including, without limitation, roads, boat docks, playground facilities andgeneral infrastructure, in the Development which constitute and are a part ofthe Common Areas, as that term is defined in Section l(h); and

WHEREAS, the Developer has conveyed to the Association all of itsrights pertaining to the governance and ownership of any part of theDevelopment; and

WHEREAS, the Association and Owners of Lots in Christmas Lake Village desireto implement reasonable restrictions on the Development for the benefit of allLots and Owners and grant to the Association enforcement powers over theseRestrictions; and

WHEREAS, the Association desires to provide for the preservation andenhancement of the property values, amenities and opportunities in theDevelopment and for the maintenance of the Common Areas, and to this endDeveloper originally established the Association and delegated and assigned thepowers of owning, maintaining and administering the  Common Areas, administering and enforcing theRestrictions, collecting and disbursing the Assessments and charges hereinafterdescribed, and promoting the recreation, health, safety and welfare of the Ownersof Lots in the Development.

NOW, THEREFORE, the Association and the undersigned Owners,constituting more than a majority of all the Owners in Christmas Lake Village,do hereby declare that all  of the  Lots and Common Areas, as they are held andshall be held, conveyed, hypothecated or encumbered, leased, rented, used,occupied and improved are subject to the following Restrictions, all of whichare declared to be in furtherance of a plan for the improvement of Lots in theDevelopment, and are established and agreed upon for the purpose of enhancingand protecting the value, desirability and attractiveness of the Development asa whole and of each of the Residences, Lots and lands situated therein. TheseRestrictions shall run with the land and shall be binding upon the Association,its successors and assigns, and upon the parties having or


acqumng anyinterest in the Development or any part or parts thereof subject to  such Restrictions, and shall inure to thebenefit of the Association and its successors in title to the Development orany part or parts thereof.

Section 1.         Definitions. The following terms, as used inthis Declaration, unless the context clearly requires otherwise, shall mean the following:

.lli}_ "Architectural Review Board" means that entity establishedpursuant to Section 10 of this Declaration for the purposes therein stated.

.(h)_ "Articles"means the Articles of Incorporation of the Association, as amended from time to time.

(£).  "Assessments"  means all sums lawfully  assessed against the Members of the Association or as declared by thisDeclaration, any Supplemental or Amended Declaration, the Articles or the By-Laws.

@"Board of Directors" or"Board" means the governing body  of  the Association elected by the Members in accordance with the By-Laws.

W "BoatDocks" means any boat docks (as indicated on the  initial Plat) extending into a Lake as a means of access to the Lakes and whichare intended for use  by the Owners.

ill "By-Laws"means  the Code  of By-Laws of the Association,  as amendedfrom time to time.

.(gl "ChristmasLake Village" means all of the developments comprising the communityor subdivisions of Christmas Lake Village.

{hl "Common Areas" meansall real and personal property, including, without limitiation, easements,which the Association owns, leases or otherwise holds possessory or use rightsin and for the common use and enjoyment of the Owners. The term shall include(i) the Boat Docks, (ii) the Lakes, (iii) the Drainage System, (iv) anyutility  service lines or facilities notmaintained by a public utility company or governmental agency that are locatedon, over or below or through the Development, and (v) any areas of land (1) shown on anyPlat, (2) described in any recorded instrument prepared by the Developer,Association or their agents, or (3) conveyed to or acquired by the Association,together with all improvements thereto, that are intended to be devoted to theuse or enjoyment of any Lot Owners.

ill "DrainageSystem" means the open drainage ditches and  swales, the subsurface drainage tiles, pipes and structures, the dry and wetretention and/or detention


ponds, and the other structures, fixtures, properties, equipment andfacilities (excluding the Lakes)located in the Development and designed for the purpose of controlling,retaining or expediting the drainage of surface· and subsurface waters from,over and across the Development, including, without limitation, those shown orreferred to on the Plat.

ill "Facilities"shall mean any and all improvements to the Development maintained by theAssociation for the recreation, health, safety and welfare of the Owners ofLots.


hereof.


.ck}


"General Assessment"shall have the meaning as set forth in Section 9(b)


ill "LandscapeEasement" means a portion of a Lot denoted on a Plat, or as declaredby the Declaration, any Supplemental or Amended Declaration, the Articles orthe By-Laws, as an area to be landscaped and maintained by the Association.

{m)   "Lake"means any lake located in the Development and "Lakes" means all of suchLakes.

.(n)_       "Lot"means a platted lot as shown on the Plat.

illl "LotDevelopment Plan" means (i) a site plan prepared  by a  licensed engineer or architect,(ii) foundation plan and proposed finished floor elevations, (iii) buildingplans, including elevation and floor plans and all other data or informationthat the Architectural Review Board may request with respect to theimprovement  or alteration of a Lot(including, without limitation, the landscaping thereof) or the construction oralteration of a Residence or other structure or improvement thereon.

.{p_l "MaintenanceCosts" means all of the costs necessary  to  keep the  Facilities to which the termapplies operational and in good condition, including but not limited to thecost of all upkeep, maintenance, repair, replacement of all or any  part of any such Facility, payment of allinsurance with respect thereto, all taxes imposed on the Facility and on theunderlying land, leasehold, easement or right-of-way, and any other expenserelated to the continuous maintenance, operation or improvement of the Facility.

.{g). "Member" means a member of theAssociation and "Members" means all members of the Association.

{I)_         "Mortgagee"means the holder of a first mortgage on a Residence or a

Lot.


W "Owner" means the  record owner,  whether  one  or  more persons  or entities, of the feesimple title to any Lot which is a part of the Development, including contractsellers, but excluding those having such interest merely as security for theperformance of an obligation.

ill  "Person" means an individual, firm,corporation,  partnership, association,trust or other legal entity, or any combination thereof.

M    "Plat" or "Plats" mean the plats of the Development recorded in theOffice of the Recorder of Spencer County, Indiana, for each of the subdivisionsof Christmas Lake Village.

.(y)_   "Reservefor Replacements" means a fund established and maintained by  the Association to meet the cost of periodicmaintenance, repairs, renewal and replacement of the Common Areas.

ffil "Residence"means a structure intended exclusively for occupancy  by  asingle family, together with all appurtenances thereto, including privategarage and outbuildings and recreational facilities usual and incidental to theuse of a single family residential lot.

00 "Restrictions" means the covenants, conditions, easements,charges, liens, restrictions, rules and regulations and all other provisionsset forth in this Declaration, all applicable Supplemental or AmendedDeclarations and the Register  ofRegulations,  as the same may from timeto time be amended.

fy} "Register  of  Regulations"  or  "Regulations"  means the  document containing rules,regulations, policies, and procedures adopted by the Board of Directors or theArchitectural Review Board, as the same may from time to time be amended.

Section 2. Declaration. The Association hereby  expressly  declares that  the Development shall beheld, transferred, and occupied subject to the Restrictions. The Owner of a Lotsubject to these Restrictions (i) by acceptance of a deed conveying titlethereto, or the execution of a contract for the purchase thereof, whether fromthe Association or a subsequent Owner of such Lot, or (ii) by the act ofoccupancy of any Lot, shall accept such deed and execute such contract subjectto each Restriction and agreement herein contained. By acceptance of such deedor execution of such contract, each Owner acknowledges the rights and powers ofthe Association with respect to these Restrictions, and also for itself, itsheirs, personal representatives, successors and assigns, covenants, agrees andconsents to and with the Association, and the Owners and subsequent Owners ofeach of the Lots affected by these Restrictions to keep, observe, comply withand perform such Restrictions and agreements.


Section 3.   Property  Rights in the Common  Areas.  Every  Owner shall  have a right and nonexclusive easement ofuse, access and enjoyment in and to the Common Areas, subject to:

.(fil This Declaration and any other applicablecovenants, as they  may  be amended from time to time, and subject toany restrictions or limitations contained in any deed conveying such propertyto the Association;

ill The right of the Board ofDirectors to adopt rules regulating the use and enjoyment of the Common Areasand Lots, including rules limiting the number of guests who may use the CommonAreas;

.(£1 Theright of the Board  of Directors  to suspend the right of an Owner  to  vote or to use recreational facilities withinthe Common Areas (i) for any period during which any Assessments or othercharge against such Owner's Lot remains delinquent,  and (ii) for a period not to exceed thirty(30) days for a single violation or for a longer period in the case of anycontinuing violation of these Restrictions after notice and a hearing pursuantto the By-laws;

@    The rightof the Board of Directors to dedicate or transfer all or any part of the CommonAreas, subject to such approval requirements as may be set forth in thisDeclaration;

ill The right of the Board of Directors to imposereasonable membership requirements and charge reasonable admission or otherfees for the use of  any recreationalfacility situated upon the Common Areas;

Any Owner may extend his right of use and enjoyment to the members ofhis family, lessees and social invitees, as applicable, subject to reasonableregulation by the Board of Directors and in accordance with procedures it may adopt.

Section 4.        The Lakes.

.(fil Maintenance.The Association shall be responsible for  maintaining  the Lakes. The Maintenance Costs of the Lakesshall be assessed as a General Assessment against all Lots subject toassessment in the Development.

ill Waterfront Lots. Each Lot Owner adjoining the water front shall havethe exclusive right to use and enjoy the land lying between the Lot line andthe Lake shore line; provided, however,that the rights hereby granted to the Lot Owner to said water front and Lakeshore area, shall not conflict with and shall be subordinate to the rights ofthe Association to do all things necessary, or desirable, to protect, preserveand maintain the Lake and said water front and Lake shore area.


The Owner of each water front Lot shall be requiredto maintain, at his own expense, a clean and uncluttered water front and shoreline. In providing such maintenance, the original shore line shall not bechanged. Neither a Lot Owner nor the Lot Owner's lessees, guests or inviteesshall commit any act which shall in any manner pollute or tend to pollute theLakes located within the bounds of the Development.

(£} Use. No boats shall be permitted upon any partof  a Lake except  if authorized by the Board of Directors and then subject to such rules andregull:ltions as may be adopted by the Board of Directors. No swimming will bepermitted in any Lake except to the extent authorized  by the Board of Directors.  Each Owner of a Lot abutting a Lake shallindemnify and hold harmless the Association and each other Owner against allloss or damage incurred as a result of injury to any Person or damage to anyproperty, or as a result of any other cause or thing, arising from or relatedto use of, or access to, a Lake by any Person who gains access thereto from,over  or across such  Owner's Lot. The Association shall have no liability to any Person with respectto a Lake, the use thereof or access thereto, or with respect to any damage toany Lot resulting from a Lake or the proximity of a Lot thereto, including lossor damage from' erosion.

Section 5.    The CommonAreas.  The Association shall beresponsible for maintaining the Common Areas and the Maintenance Costs thereofshall be assessed as  a  General Assessment against all Lots subjectto assessment. Except for underground utility facilities, no permanentimprovements shall be made to or installed on the Common Areas other thanlighting, seating, walkways, planting structures and fountains or othernon-recreational water features unless such commons is designated as a BoatDock area or recreational facility, in which event such Common Areas may  be improved as the Board of Directors deems appropriate  for its use as a Boat Dock area orrecreational facility. The use of the Common Areas shall be subject to rulesand regulations adopted by the Board of Directors which are not inconsistentwith the provisions of this Declaration.

Section 6.        Boat Docks.

ill Designation of BoatDocks. The Association may, but is not obligated to, designate certain ofthe Common Areas adjacent to Lakes as Boat Dock areas if  the Board of Directors determines to permit boating on a particular Lake.

®Regulation. The Board  of Directors  may  adopt reasonable  rules  with respect to the use of Boat Docks byOwners, but no such rules shall impair the reasonable use thereof or impose anycost or expense on such Owner other than Maintenance Costs reasonably allocableto such owners.

Section 7Maintenance  of Entry Ways and Landscape  Easements.  The Association shall maintain the LandscapeEasements and all improvements and plantings thereon, and the Maintenance Coststhereof shall be assessed as a General Assessment against all Lots subject toassessment. Grass, trees, shrubs and other plantings located on an entry way ora Landscape Easement shall be kept neatly cut, cultivated or trimmed asreasonably required to maintain an


attractive entrance to the Development or a part thereofor a planting area within the Development. Any and all entrance signs shall bemaintained at all times in good and sightly condition appropriate to thecharacter of a residential community.

Section 8.         ChristmasLake Properties Association, Inc.

W Membership. Each Owner shall  automatically  be a Member  and  shall enjoy the privileges and be bound bythe obligations contained in the Articles and By­ Laws. If a Person orMortgagee would realize upon his security and become an Owner, he shall then besubject to all the requirements and limitations imposed by this Declaration onother Owners, including those provisions with respect to the payment ofAssessments.

02} Powers. The Association shall have such powers as are set forth in thisDeclaration and in the Articles, together with all other powers that belong toit by law.

.(0 Classes  of  Members.  At all times,  the Association  shall have  a single class of Members.

@Voting andOther Rights of Members. The voting and other rights of Members shall be-as specified in the Articles and By-Laws.

W Reserve for Replacements. The Board of Directors shall establish and maintain the Reserve forReplacements by the allocation and payment to such reserve fund of an amountdetermined annually by the Board to be sufficient to meet the cost of periodicmaintenance, repair, renewal and replacement of the Common Areas, including,without limitation, any and all Maintenance Costs. In determining the amount,the Board shall take into consideration the expected useful life of the CommonAreas, projected increases in the cost of materials and labor, interest to beearned by such fund and the advice of such consultants as the Board may employ.

ill Mergers. Upon a mergeror consolidation of another corporation with the Association, its properties,rights and obligations may, as provided in its Articles of incorporation, byoperation of law be transferred to another surviving or consolidatedcorporation or, alternatively, the properties, rights and obligations ofanother corporation may by operation of law be added to the properties, rightsand obligations of the Association as a surviving corporation pursuant to amerger. The surviving or consolidated corporation may administer the covenantsand restrictions established  by thisDeclaration with the covenants and restrictions established upon any otherproperties as one scheme. No other merger or consolidation, however, shalleffect any revocation, change or addition to the covenants established by thisDeclaration except as hereinafter provided.

Section 9.         Assessments.


.(ruCreation of the Lien and Personal Obligation ofAssessments. The Association hereby covenants, and each Owner of any Lot byacceptance of a deed thereto, whether or not it shall be so expressed in suchdeed, is deemed to covenant and agree to pay to the Association the Assessmentsto be established and collected as hereinafter provided.

All Assessments, together withinterest thereon and costs of collection thereof, shall be a charge on the Landand shall be a continuing lien upon the Lot against which each Assessment ismade until paid in full. Each Assessment, together with interest thereon andcosts of collection thereof, shall also be the personal obligation of thePerson who was the Owner of the Lot at the time when the Assessment became due.

{hl        General Asses-5ment.

(i)                Purpose of Assessment. The GeneralAssessment levied by the Association shall be used exclusively to promote therecreation, health, safety, and welfare of the Owners of Lots and for theimprovement, maintenance, repair, replacement and operation of the CommonAreas, including, without limitation, any and all Maintenance Costs.

(ii)              Basis for Assessment.

(1)                Lots Generally. Each Lot owned by a Person otherthan the Association shall be assessed at a uniform rate without regard towhether a Residence has been constructed upon the Lot.

(2)                Lots owned by the Association. No Lot ownedby the Association shall be assessed by the Association except such Lots ashave been improved by the construction thereon of Residences which shall besubject to assessment as provided in Clause (1) above.

(3)                Change in Basis. The basis for assessment may bechanged upon recommendation of the Board of Directors if such change isapproved by two-thirds (2/3) of the Lot Owners of Christmas Lake Village,including the Association, who are voting in person or by proxy at a meeting ofsuch Lot Owners duly called for this purpose.

(iii)           Method of Assessment. By a vote of a majority of theDirectors, the Board of Directors shall, on the basis specified in subparagraph(ii), fix the General Assessment for each assessment year of the Association atan amount sufficient to meet the obligations imposed by this Declaration uponthe Association. The Board of Directors shall establish the date(s) the GeneralAssessment shall become due, and the manner in which it shall be paid.


(iv)            MaximumAssessment. The maximum amount of the General Assessment shall besubject to review and change by the Board of Directors beginning each year,provided that at no time shall the General Assessment be increased more thanfive percent (5%) above the last established General Assessment, unless agreater increase is approved by a majority of the Lot Owners in the ChristmasLake Village.

.(£}_ SpecialAssessment. The Association may levy  in any  fiscal year  a Special Assessmentapplicable to that year and not more than the next four (4) succeeding fiscal yearsfor the purpose of defraying, in whole or in part, the cost of anyconstruction, repair, or replacement of a capital improvement upon the CommonAreas, including fixtures and personal property relating thereto, provided thatany such Assessment shall have the assent of a majority of the votes of theMembers whose Lots are subject to assessment with respect to the capitalimprovement who are voting in person or by proxy at a meeting of such Membersduly called for this purpose.

@ Effect ofNonpayment of Assessments; Remedies of the Association. Any Assessment notpaid within thirty (30) days after the due date may upon resolution of theBoard of Directors bear interest from the due date at a percentage rate nogreater than the current statutory maximum annual interest rate, to be set bythe Board of Directors for each assessment year. The Association shall beentitled to institute in any court of competent jurisdiction any lawful actionto collect a delinquent Assessment plus any expenses or costs, includingattorneys' fees, incurred by  theAssociation  in collecting suchAssessment. If theAssociation has provided for collection of any Assessment in installments, upondefault in the payment of any one or more installments,  the Association may acceierate payment anddeclare the entire balance of said Assessment due and payable in full. No Ownermay waive or otherwise escape liability for the Assessments provided for hereinby non-use of the Common Areas or abandonment of  his Lot.

ill      Subordination of  the  Lien to Mortgages.    The lien of the Assessments provided for herein against a Lotshall be subordinate to Mortgagee's  liencovering  such Lot and to any valid taxor special assessment lien on such Lot in favor of  any governmental taxing  or assessing authority.  Sale  or transfer of any  Lot shall not affect theassessment lien. The sale or transfer of any Lot pursuant  to mortgage foreclosure  or any proceeding inlieu thereof  shall, however,  extinguish the lien of such Assessments  as to payments which  became due more than  six (6) months  prior to such sale or transfer. No sale or transfer shall relieve such Lotfrom liability for any Assessments thereafter - becoming due or from the lien thereof.

ill Certificates.The  Association  shall, upon  demand  by  an Owner,  at any time, furnish a certificate in writingsigned by an officer of the Association that the Assessments on a Lot have beenpaid or that certain Assessments remain unpaid, as the case may be.


.(g)_ Annual Budget.By a majority vote of the Directors,  the Board  of Directors shall adopt anannual budget of the Association for the subsequent fiscal year, which shallprovide for allocation of expenses in such a manner that the obligationsimposed by the Declaration will be met.

Section 10.      ArchitecturalControl. An Architectural Review Board consisting of not less than seven(7) or more Persons shall be appointed by the Board of Directors.

ill)_ Purpose. The Architectural Review Board shall regulate  the  external design, appearance, use, locationand maintenance of the Development and of improvements thereon in such manneras to preserve and enhance values and to maintain a harmonious relationshipamong structures, improvements and the natural vegetation and topography.

{hl Conditions. No building,fence, wall or other  structureshall  be erected, placed or altered onany Lot until the construction plans and specifications, and a plan showing thelocation of the same, have been approved by the Architectural Review Board. Inthe event the Architectural Review Board fails to approve or disapprove suchdesigns and location within thirty (30) days after said plans andspecifications have been submitted by the Owner, approval will not be requiredand this Section will be deemed to have been fully complied with.

The plans and specifications submitted tothe Architectural Review Board must include: (i) the nature, kind, shape andsize of the structure; (ii) the materials to be used and the exact location andplacement of the structure; (iii) renderings of the front, rear  and side elevations of the structure; (iv)proposed grading, landscaping and fencing, if any; (v) the approximate cost ofthe improvements; (vi) commencement and completion dates; and (vii) such otherinformation. as shall be reasonably requested by the Architectural Review Board.

The Architectural Review Board mayapprove or disapprove a plan based solely on the subjective aestheticconsiderations and the harmony of external design of the proposed structure andother planned improvements in the Development in the sole and absolutediscretion of the Architectural Review Board and under no circumstances willthe Architectural Review Board or any of its members be responsible to theOwner submitting the plans or to any other Owner of a Lot for any direct,indirect or consequential damages that any such Owner may allege may have beencaused in whole or in part by a decision of the Architectural Review Board. AllOwners of Lots acknowledge that the decisions of the Architectural Review Boardwill be based upon subjective standards of appearance and aesthetics and thatthe opinions of the members of the Architectural Review Board must of necessitybe subjective. All Owners of Lots release the Association and the ArchitecturalReview Board from any claim or liability based upon decisions made by theArchitectural Review Board in enforcing or failing to enforce the provisions ofthese restrictions.


The Association, or its designee, reserves the rightto make on-site inspection of any or all structures during the constructionperiod. If the construction standards as to size and material are at variance with the approvedplans and specifications in any respect, the Association may, at its option,halt construction of the structure until the same meets the approved plans and specifications. Further, allfederal, state and local permits must be obtained prior to construction.

ill Procedures. In the event the ArchitecturalReview Board fails to approve, modify or disapprove in writing a LotDevelopment Plan within thirty (30) days after notice of such plan has beenduly filed with the Architectural Review Board in  accordance with procedures established by theAssociation or the Board of Directors, approval shall be granted. A decision ofthe Architectural Review Board  may  be appealed to the Board of Directors whichmay reverse or modify such decision by a two­ thirds (2/3) vote of theDirectors then serving.

@ Guidelines andStandards. The Architectural Review Board shall have the power to establishand modify from time to time such written architectural and landscaping designguidelines and standards as it may deem appropriate to achieve the purpose setforth in subparagraph (b) to the extent that such design guidelines andstandards are not in conflict with the specific provisions of this Declaration.Any such guideline or standard may be appealed to the Board of Directors whichmay terminate or modify such guideline or standard by a two-thirds (2/3) voteof the Directors  then servmg.

ill Exercise ofDiscretion. The Association intends that the members of the ArchitecturalReview Board exercise discretion in the performance of their duties consistentwith the provisions of this Declaration, and every Owner by the purchase of aLot shall be conclusively presumed to have consented to the exercise ofdiscretion  by such members. In anyjudicial proceeding challenging a determination by the Architectural ReviewBoard and in any action initiated to enforce this Declaration in which an abuseof discretion by the Architectural Review Board is raised as a defense, abuseof discretion may be established only if a reasonable Person, weighing theevidence and drawing all inferences in favor of the Board, could only concludethat such determination constituted an abuse of discretion.

ill Liability of Board.Neither the  Architectural  Review Board,  nor  any member thereof, nor any agent thereof,nor the Association shall be responsible in any way for any defects in anyplans, specifications or other materials submitted to it, nor for any defectsin any work done according thereto. Further the Board does not make, and shallnot be deemed by virtue of any action of approval or disapproval taken by it tohave made, any representation or warranty as to the suitability or advisabilityof the design, the engineering, the method of construction involved, or thematerials to be used.


.(g} Inspection.Members  of  the Architectural  Review  Board may  inspect work being performedto assure compliance with these Restrictions and applicable regulations.

Section 11. Specific Restrictions. The following are  specific restrictions  that  are binding upon the Architectural ReviewBoard, run with the land to the Development, and may not be amended except by appropriate amendment of theseRestrictions. It is the intent of these Restrictions to specificallyrestrict the Development as follows:

.u!} Land Use. All Lots  shall  be used  for  residential purposes  unless designated forother use on the Plat. No residential Lot shall have more than one (1)single-family residence erected thereon. No temporary or mobile-living facilityshall be used on any Lot at any time. No Lot Owner shall erect a residence orany other building for the purpose of realizing rental income therefrom. Thefirst structure to be erected or assembled on any residential Lot shall be a Residence.

ill Subdividing Lots.No Lot or Lots shall be re-subdivided by the Owner or Owners thereof for thepurpose of creating two (2) or more Lots.

.{fl  BuildingLocation.   No dwelling oraccessory  building shall be located onany Lot nearer to the Lot line than the minimum, building setback line shown onthe Plat, or nearer than ten (10) feet to the interior Lot line, except thatattached garages, carports or open porches may extend within five (5) feet ofthe interior Lot line. No accessory buildings shall be located on any Lotnearer than ten (10) feet to the rear Lot line.

@ View Obstructions.No structure, fence, wall, hedge, tree, shrub or other planting which creates asafety hazard by obstructing the view of traffic or detracts from the overallappearance of the Development shall be permitted between the building setbacklines and the street property lines.

Dwelling Sizes.  No Residence shall be permitted with a livingarea of less than the square footage as set forth below. The square footage setforth below shall be exclusive of open porches, patios, balconies, carports,garages and basements unless completely finished for living area.

One Story Dwelling: 1200 Square Feet Multi-Story Dwelling: 1800 SquareFeet

Notwithstanding the foregoing, any dwelling unit or Residence whichhas already

beenconstructed, but which does not comply with these requirements, shall beexempted from the square footage requirements of this Section l l(e).

ill. Construction. Within five (5) months from the day  a building permit  is  issued for anapproved Residence, the Residence must be completed and the exterior


finished. Within nine (9) months from theday a building permit is issued, the Residence must be completed and the site.finish graded, seeded and mulched. Each Owner shall require his builder orcontractor to confine all building materials, equipment and excavated soilwithin the boundaries of the Owner's Lot and to exercise appropriate erosioncontrol practices. All streets shall be kept free of transported soil. The jobsite and street in front of the Lotshall be kept clean, undamaged and free of debris at all times.

.(g)_   Heating andCooking System.  Heating systems shall be limited to the useof electricity or gas, with the exception of fireplace fuel which may be gas,electric or non-impregnated wood. Cooking appliances and water heatersinstalled within a Residence shall use gas orelectricity.

ili.lWater andSewage System. No individual water supply system orsewage system shall be permitted on any Lot. Piping water from the Lakes to anyresidential Lot is strictly prohibited. The water and sewage disposal systemsconstructed by the Developer, the Association or the Town of Santa Claus,Indiana shall be the only means of water supply and sewage disposal.

ill   Parking. No vehicles shall be parked regularly or habitually  on any Street in the Subdivision, and theOwner of each Lot shall provide adequate off-street parking facilities for thevehicles of all occupants of each Residence. Camping trailers, campers andboats mounted on boat trailers may be parked in an Owner's drive between April1, and October 31 each year; and at all other times, they must be parked in agarage, carport or at a location other than in the Subdivision; provided, however, that at no time shall atrailer, camper, boat or boat trailer be parked on any Lot on which a Residencehas not been erected. Vehicles exceeding ¾ ton rating, classed as commercial,such as trucks and vans, may not be parked on any Lot unless the Owner shieldssame from the Street.

Section12. Common Areas.

.(ru Ownership. The Common Areas shall remainprivate, and neither the Association's execution or recording of an instrumentshowing the Common Areas, nor the doing of any other act by Association, is, or is intended to be, or shall be construed. as, a dedication to the public of suchCommon Areas. The Association may, however, dedicate or transfer all or anypart of the Common Areas to any public agency, authority or utility for utility purposes.

fhlStreets. All streets shown on the Plat shall remain the property of theAssociation and the use thereof is hereby reserved for the Owners of the Lotsas private ways for the exclusive use, benefit and convenience of the Owners,their successors and assigns. It is not intended that the streets will becomepublic thoroughfares but to retain non-exclusive use thereof for the benefit ofthe Owners of the Lots and their invitees as


hereinprovided.    However, theAssociation may grant any of its interest to a public, agency, authority orutility as provided in Section 12(a).

ill  Easements.  Easements  and rights-of-way  are hereby expressly  reserved by theAssociation for the construction and maintenance of a Drainage System,pipelines for supplying gas, water and heat and the erection, construction andmaintenance of TV cable, telephone and electrical lines, poles, wires,conduits and necessary attachments and forother services and quasi-public purposes in, on, along, over, through, acrossor under all parks, parkways, roads, streets and between the building setbackline and the property lines along the front, side and rear Lot lines.

The right is reserved to suspendor maintain, at a reasonable height over any Lot, along Lot lines or over anypark or streets, wires from telephone or electrical power line poles and totrim or cut trees as necessary. The right is reserved to enter upon saideasements or rights-of-ways for any purpose for which said easement orright-of-way are created or reserved; provided,however, that the Lot shall be left in the same general conditions as whenentered upon.

Within these easements, no structure,planting or other materials shall be placed or permitted to remain which maydamage or interfere with the installation and maintenance of utilities, ofwhich may change the direction of flow of the Drainage Systems in theeasements, or which may obstruct or retard the flow of water through drainagechannels in the easements. The easement area of each Lot, and all improvements in it, shall be maintainedcontinuously by the Owner except for those improvements for which a publicauthority or utility company is responsible. Neither the Association nor theDeveloper shall be liable to the Owners, their successors and assigns, theirfamilies, friends, guests or invitees for injury or damage occurring because ofthe condition of any street, easement, park orright-of-way.

@Density of Use. The Association expressly disclaims any warranties or representationsregarding the density of use of the Common Areas or any facilities located thereon.

ill  Obligations  of the Association.   The Association,  subject to the rights of the Association andthe Owners set forth in this Declaration, shall be responsible for theexclusive management and control of the Common Areas and all improvementsthereon (including furnishings and equipment related thereto), and, except asotherwise provided herein, shall keep the Common Areas in good, clean,attractive and sanitary condition, order andrepair.

ill Damage or Destruction. by Owner. In the eventthe Common Areas are damaged or destroyed by an Owner or any of his guests,tenants, licensees, agents, or member of his family, such Owner authorizes theAssociation to repair said damaged area; the Association shall repair saiddamaged area in a good workmanlike manner in conformance with the originalplans and specifications of the area involved, or as the area


may have been modified or alteredsubsequently by the Association in the discretion of the Association. An amountequal to the costs incurred to effect such repairs shall be assessed againstsuch owner as a Special Assessment and shall constitute a lien upon the Lot ofsaid Owner.

Section13. Use of Development Property .

.(ru       Protective Covenants.

(i)              Nuisances. No noxious or offensive trade oractivity shall be conducted upon any Lot nor shall anything be done thereonwhich may become a nuisance or annoyance to the neighborhood or the Owner of aLot. No commercial business, trade or activity of any commercial nature shallbe carried on upon a residential Lot in the Development. No junk or disabledmotor vehicles, whether licensed or unlicensed, shall be kept upon any Lot inthe Development for a period exceeding fifteen (15) days. The keeping ofpoultry, cows, hogs, goats, horses or livestock of any nature is strictlyprohibited. No more than two (2) dogs and/or two (2) cats shall be permitted ateach Residence. Dogs shall be kept under the control of Owners at all times, byleash, pens or other means and shall not be permitted to wander through theDevelopment. No Lot shall be used for the storage of any property or thing thatwill cause such Lot to appear unclean or untidy or that will be obnoxious tothe eye, nor shall any substance, thing or material be kept upon any Lot thatwill emit fire or obnoxious odors or that will cause any noise which mightdisturb the peace, quiet, comfort or serenity of the Owners. There shall be nodischarge of any firearms and there shall be no hunting with firearms or bowsand arrows or otherwise upon any part of theDevelopment.

(ii)              Garbage and Refuse Disposal. All Residencesshall be equipped with electric food waste disposers. No Lot shall be used ormaintained as a dumping ground for rubbish, nor may garbage or rubbish beburied on such Lots. Rubbish, garbage and other waste shall be kept in sanitarycontainers concealed from the streets, parks and fairways and in such manner asto avoid an unsightly appearance until removed from the premises by anauthorized garbage and rubbish removal service or the Owner. All equipment forthe storage or disposal of garbage and rubbish shall be kept in a clean andsanitary condition at all times. Burning of trash, leaves or other refuse is prohibited.

(iii)           Air Conditioning Units. No airconditioning unit, or part thereof, shall be mounted or installed on the streetside, Lake side, fairway or park side of a Residence, unless prior approval ofthe Architectural Review Board has been obtained.

(iv)            Erosion of Lots. In the event a Lot Owner shallfail to take steps to prevent erosion of the soil of the Owner's Lot or Lots, the Association shall have


the right totake appropriate measures to prevent such erosion and collect the costs thereoffrom the Owner. All swales for the Drainage System located  along the side and rear Lot lines shall bepreserved and not obstructed.

(v)             Vacant Lots. Owners of vacant Lots shallbe required to maintain, at the Owner's expense, their Lots in a clean, neat,sanitary, attractive and uncluttered manner. Weeds shall be cut as necessary topreserve a clean appearance. If the Owner fails or refuses to maintain said Lot, theAssociation shall have the right to enter upon such Lot and perform such workas necessary, charging the Lot Owner any cost of such maintenance.

(vi)            Signs. Each Lot may display amarker containing only the resident's name and the Owner's name and address. Nosigns  advertising  products, services, professions, facilitiesor real estate shall be displayed on any Lot at any time. No sign shall exceedfive (5) square feet unless approved by the Board.

(vii)         Oil and Mining Operations. No oil drilling, oildevelopment operations, oil refining, quarrying or mining operations of anykind shall be permitted upon or in any Lot. Nor shall oil wells, tanks,tunnels, mineral excavations or shafts be permitted upon or in any Lot. Noderrick or other structures designed for use in boring for oil or natural gasshall be erected, maintained or permitted upon any Lot.

(viii)       OtherRestrictions. In addition to the provisions ofthis Section 13, the Board ofDirectors may adopt general rules and regulations to implement the purposes setforth in this Declaration, including but not limited to, rules  to regulate animals, antennas, signs, fences,walls and screens, mailboxes, storage tanks, awnings, storage and use ofrecreational vehicles, storage and use of machinery, use of outdoor drying lines,trash containers, and planting, maintenance and removal of vegetation in theDevelopment. The Board of Directors may adopt general rules and regulationsappropriate to each Lot, which rules and regulations may vary among Lots. Suchgeneral rules may be amended by a two-thirds (2/3) vote of the Board of Directors.

(ix)            Exceptions. The Board of Directors mayauthorize  exceptions  to or variances from the general rules andregulations adopted pursuant to subsection

(viii) if the Board of Directors can show good cause and acts inaccordance with adopted guidelines and procedures.

.(hl   Maintenance of Lot.   Each Owner  shall keep all Lots owned  by him, andall improvements therein or thereon, in good order and repair and free of  debris including, without limitation, the seeding, watering, and mowing of alllawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) ofall buildings and other improvements, all in a manner and with such frequencyas is


consistent with good property management as determined by the ArchitecturalReview Board or Board of Directors. In the event an Owner of any Lot in theDevelopment shall fail to maintain the premises and the improvements situatedon a Lot, as provided herein, the Association, after notice to the Owner asprovided by the By-Laws and approval by two-thirds (2/3) vote of the Board ofDirectors, shall have the right to enter upon said Lot to correct drainage andto repair, maintain and restore the Lot and the exterior of the buildings andany other improvements erected thereon. All costs related to such correction,repair or restoration shall become a Special Assessment upon such Lot.

Section 14. Easements. All easements  mentioned herein  include  the right  of reasonable ingress andegress for the exercise of other rights reserved. No structure, includingfences, shall be built on the Drainage System or any sewer or utility easement,if such structure would interfere with the utilization of such easement for thepurpose intended or violate any applicable legal requirement or the terms andconditions of any easement specifically granted to a Person who is not an Owner by an instrument recorded in theOffice of the  Recorder  of Spencer County, Indiana.

Section 15. Enforcement. The Association, or any Owner, shall  have the right  to enforce, by proceedingat law or in equity, all restrictions, conditions, covenants, reservations,liens and charges now or hereafter imposed by the provisions of thisDeclaration, but neither Developer nor the Association shall be liable fordamage of any kind to any Person for failure either to abide by, enforce orcarry out any of the Restrictions. In addition, the  Board  ofDirectors shall have the discretion to establish and amend fines forinfractions of the  requirements setforth in this Declaration. No delay or failure by any Person to enforce  any of the Restrictions or to invoke any available remedy with respect to aviolation or  violations thereof shallunder any circumstances be deemed or held to be a waiver by that Person ofthe  right to do so thereafter, or anestoppel of that Person to assert any right available  to him upon the occurrence, recurrence or continuation of any violation orviolations of the Restrictions. In  anyaction to enforce this Declaration, the Person seeking enforcement shallbe  entitled  to recover all costs of enforcement,including attorneys' fees, if it substantially prevails in such action.

Section 16.       Amendments.

W Generally.This Declaration  may  be amended  at  any time  by  an instrument signed by the appropriate officers of the Association actingpursuant to the authority granted by not less than two-thirds (2/3) of thevotes of the Owners  of Christmas LakeVillage cast at a meeting duly called for the purpose of amending thisDeclaration.

ili)_ Effective Date.Any amendment  shall  become effective  upon  its recordation in the Office of the Recorderof Spencer County, Indiana.

Section 17.      Interpretation. The underlined titlespreceding the various paragraphs and subparagraphs of this Declaration are forconvenience of reference only, and none of them shall


be used as an aid to the construction of any provision ofthis Declaration. Wherever and whenever applicable, the singular form of anyword shall be taken to mean or apply to the plural, and the masculine formshall be taken to mean or apply to the feminine or to the neuter.

Section 18. Duration. The foregoing covenants and restrictions  are for the mutual  benefit and protectionof the present and future Owners and the Association, and shall run with theland and shall be binding on all parties and all Persons claiming under themuntil January 1, 2012, at which time said covenants and restrictions shall beautomatically extended  for successiveperiods of ten (10) years, unless changed in whole or in part by majority voteof those Persons who are then the Owners of Lots in Christmas Lake Village.

Section 19. Severability. Every one of the Restrictions is hereby declared to beindependent of, and severable from, the rest of the Restrictions and of andfrom every other one of the Restrictions, and of and from every combination ofthe Restrictions. Therefore, if any of the Restrictions shall be held to beinvalid or to be unenforceable, or to lack the quality of  running with the land, that holding shall bewithout effect upon the validity, enforceability or "running" qualityof any other one of the Restrictions.

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IN WITNESS WHEREOF, the Association has caused the dueexecution hereof by their duly authorized officers and the undersigned Ownershave executed or caused the execution hereof, all as of the day and date hereinaboveset forth.

Christmas Lake Properties Association, INC.

By:                                                             Printed Name:             tJ. A,         o          V D- G 1:.L Title:             Q:     c.s, o \' (\.-



STATE OF INDIANA             )

) SS: COUNTY OF SPENCER         )

Before me, a Notary Public and for said County andState, personally appeared,

lJona/cL l/bqe/                   , the l-J-es1de/Jt                   of Christmas

Lake PropertiesuAssociation, Inc., who acknowledged the execution of the foregoing Declaration of Covenants and Restrictions of Christmas Lake Village on behalf of Christmas Lake PropertiesAssociation.

Witness my hand and NotarialSeal this / 7 day of Sf!/Jletn/Jer , 2020.

My Commission Expires:

7-,,

 
a 71 1bor2 ,

Notary Public

Residing in     encer              County                Jtt/;     .den/J1nq_'4eld

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Printed Name

STATE OF INDIANA             )

) SS:

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COUNTY OF SPENCER         )                             ,,:......

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