Berkshire All

Key facts from Berkshire All's documents

Reflects the 1999 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

homeowners_association (Page 1, Page 1)

Legal name

Berkshire Home Owners Association

Units / lots

213 (Article III, Section A2, Page 5)

Developer / declarant

Bay Communities, LLC (Page 1)

Governing law

Indiana Nonprofit Corporation Act of 1991 (Article I, Section A)

Assessments & dues

Initially capped at $215 per lot prior to January 1, 2000; thereafter set by Board based on budget. (Article V, Section C, Page 8)

Special assessments

Levied by Board for capital expenditures or interest on debt, requiring assent of two-thirds of Members voting at a meeting called with 30-60 days notice. Also Board may levy for repairs from casualty if insurance insufficient. (Article V, Section D, Page 9)

Collections & liens

All unpaid assessments constitute a lien on the Lot. Lien filed and foreclosed similar to mortgage; valid for 5 years from filing; subordinate to bona fide first mortgage. (Article V, Section F5, Pages 10-11)

Reserves & fees

Board may establish a Reserve Fund for financing operations and repairs. (Article V, Section A, Page 8)

Pets

yes, usual household pets allowed; no breeding or commercial purpose; must be confined so as not to become a nuisance. (Article VIII, Section E, Page 15)

Leasing & rentals

yes, all leases shall be in writing and subject to this Declaration. (Article VIII, Section I, Page 15)

Fences

All fencing shall conform to standards set forth by the Design Review Board. (Article VIII, Section R, Page 16)

Architectural approval

Yes, Design Review Board approval required for any Improvement, construction, modification, fences, etc. (Article VII, Sections A and B, Pages 12-)

Signs & flags

Except: (i) marketing signs by Developer; (ii) street and identification signs by Association/Developer; (iii) one temporary real estate sign not exceeding six square feet advertising sale of Lot. (Article VIII, Section D, Page 14)

Maintenance

Association maintains Common Property. Owner maintains Lot, including all improvements, structures, equipment. (Article VI, Sections A and B, Pages 11-1)

Insurance

Association shall obtain blanket property/casualty, comprehensive public liability (minimum $1,000,000 per occurrence), and flood insurance covering Common Property. (Article IV, Section H1, Page 7)

Use restrictions

yes, each Lot shall be occupied and used exclusively for single-family residential purposes and purposes customarily incidental to a residence. (Article VIII, Section A1, Page 14)

Voting & meetings

Class A (owners of improved lots) have 1 vote per lot; Class B (Declarant) has 3 votes per platted lot owned, converting to Class A on earlier of 90% homes deeded to homeowner or January 1, 2005. (Article III, Sections A1 and A2, Pages 4)

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