Stoney Creek Estates

Key facts from Stoney Creek Estates's documents

Reflects the 2000 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (Section 1.6, Article IV)

Legal name

Stoney Creek Estates Homeowners Association, Inc. (Section 1.6)

Developer / declarant

Stoney Creek Estates, LLC, an Indiana limited liability company (Preamble)

Governing law

Indiana Code relating to nonprofit corporations (Section 7.2)

Assessments & dues

Not fixed in Declaration; set annually by Board based on budget (Section 8.3)

Special assessments

Allowed with affirmative vote of majority of Members and written consent of Declarant (while Declarant owns Property). Individual special assessments against a particular owner may be levied by Board after notice and hearing. (Section 8.4)

Collections & liens

Unpaid assessments become a continuing lien on the Lot, superior except for taxes and first mortgages of record. Lien may be enforced by suit, judgment, and foreclosure. Association may bid at foreclosure sale. (Section 8.5)

Reserves & fees

Board shall annually prepare a reserve budget covering replacement assets, expected life, and cost; required capital contribution set by Board and included in assessments. (Section 8.6)

Pets

Yes, Section 10.5 Animals and Pets (Section 10.5)

Leasing & rentals

Yes, subject to Section 10.28 Leasing of Lot and Time Sharing. (Section 10.28)

Parking & vehicles

Not explicitly addressed (N/A)

Fences

Addressed in Section 10.24 Fences; not detailed. (Section 10.24)

Architectural approval

Yes, Architectural Standards Committee appointed by Board must approve exterior alterations. (Section 1.3, Article IX)

Home business

Addressed in Section 10.25 Business Uses; not detailed in excerpt, but likely restricted. (Section 10.25)

Signs & flags

Section 10.3 Signs; specific rules not detailed in excerpt; decorative street signs mentioned in Article V. (Section 10.3, Article V)

Setbacks / home size

Setback lines shown on plat; Section 2.4 mentions set-back line restrictions on plat. (Section 2.4)

Maintenance

Owner's responsibility as part of exterior of Dwelling (Section 5.2)

Insurance

Association shall procure casualty insurance for Common Properties, liability insurance, and other insurance deemed necessary. Must include waiver of subrogation as to Association, Board, Declarant; 30-day notice of cancellation; liability (Section 6.1)

Use restrictions

Yes, all Lots restricted to single-family and two-family residential use. (Section 2.1)

Voting & meetings

Class A members (all Owners except Declarant) have one vote per Lot. Class B member (Declarant) has three votes per Lot owned or per maximum number of lots allowed by zoning for unplatted land. (Section 4.2)

Amendments

Declaration may be amended; specific procedure not detailed in excerpt, but Section 12.3 indicates amendments are allowed. Also Supplemental Declarations may amend. (Sections 1.33, 12.3)

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