Gardens of Westmount Hpr

Key facts from Gardens of Westmount Hpr's documents

Reflects the 1996 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Horizontal Property Regime (condominium) (Preamble and Section 1)

Legal name

The Gardens of Westmount And The Villas of Westmount

Developer / declarant

Rottlund Homes of Indiana Limited Partnership

Governing law

Horizontal Property Law of the State of Indiana, Acts 1963, Chapter 349, Sections 1 through 31, as amended (Codified in Ch. 6 Article 1 of Title 32 of the Indiana Code) (Section 1(a))

Assessments & dues

Common Expenses assessed to Owners in proportion to their Percentage Interest (Section 7, Section 15, Section 28)

Special assessments

Yes, for reconstruction costs not covered by insurance (Section 17(b) and (c)) (Section 17(b) and (c))

Collections & liens

Association may have a lien for unpaid assessments, subordinate to first mortgage; foreclosure available as provided in By-Laws Section 5.05 and applicable law (Section 28(b), page 34-35)

Reserves & fees

Board may retain surplus insurance proceeds or construction fund as reserve (Section 17(h)) (Section 17(h), page 24)

Leasing & rentals

Yes, subject to restrictions in Section 19 (Section 19)

Architectural approval

No alterations to Common Areas or Limited Areas without prior written Board approval; no structural changes to Unit; interior decor that adversely affects external appearance also restricted (Section 14, Section 13(b))

Solar & roof

Board has exclusive right to determine outside decor of each Building, including color and type of paint and other decor pertinent to exterior (Section 13(a), last sentence)

Maintenance

Exterior surfaces of roofs are Common Areas; Association responsible (Section 5(b) and Section 13(a))

Insurance

Master casualty insurance on Property (full replacement value) covering Units, Common Areas, Limited Areas, fixtures, building service equipment, common personal property (Section 16(a))

Use restrictions

Each Condominium Unit shall be limited to residential use (Section 18, first paragraph)

Voting & meetings

Each Owner entitled to cast a vote equal to his/her Percentage Interest for election of Board and any matter on which Co-Owners may vote (Section 7 (second paragraph) and Section)

Amendments

Proposed by Board or Owners with majority Percentage; material amendments require 2/3 vote of Percentage Interest and majority of Eligible Mortgagees; Declarant may amend unilaterally for certain purposes (compliance with Act, FNMA, etc.); (Section 20)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.