For general questions regarding issues such as the covenant, repairs, violations, or etc., please contact the neighborhood's management firm.
Associa (formerly R and G Management)
11711 N. College Avenue, Suite 100
Carmel, Indiana 46032
Community Manager
Joyce Harlow of Community Association Services of Indiana
(317) 875-5600
jharlow@cas-indiana.com
A meeting of the neighborhood homeowners is currently held annually in the spring.
Quick Highlights from the Covenant
Whether homeowner or renter, each person residing within a Branch Creek at Pike home must abide by the covenant agreement. Here are a few highlights that maybe of interest.
Storage Sheds - Page 3, item 2 article B; states that Not withstanding anything contained herein or in the Articles or By-Laws to the contrary, and in addition to all restricitions set forth in the Plat of the Development, any and all forms of outbuilding, shed, storage shed, large animal quarters, etc., which are intended to not be directly connected to the main house on any Lot are hereby strictly prohibited. (In other words, do not put up any sheds and so forth. If not sure, contact the architectual control committee.)
Mailboxes -Page 5, item 3 article C; states that All mailboxes must be approved by the Declarant or there after, the Committee and shall be standard as to size, location, post, design, height, material, composition and colors. The initial mailbox for each lot, which meets the above criteria, shall be installed by the Declarant upon the payment from the home builder of the appropriate fee to the Declarant at each initial Lot closing. The homeowner and association member agrees to maintain and keep painted appropriately said mailbox to be in confomance with all other mailboxes. (Paint colors will be available from the committee.) (Okay, we know some of the boxes are starting to fall apart. Ready to paint replacements that match the current style can be found at Home Depot. However, the original Sherman Williams color scheme for the post and boxes are no longer available. Contact the Management firm or board for alternatives.)
Sump Pump Discharges - Page 9, item 3 article V; states All sump pump discharge lines shall be connected to underground subsurface drains or storm sewers by builder in areas where subsurface drains or storm sewers were provided by the Developer.(Not sure how this applies to sump pumps added after building was completed. Check with the Management company.)
Solar Panels - Page 12, item 5 article L; states No solar panels shall be permitted within the Development. (Guess going Green isn't going to be easy with this clause.)
And just for laughs (oh yes it is in there):
Signs -Page 11, item 5 article D; states No signs or advertisements shall be displayed or placed on any lot or structures in the Development, except entry signs and home or lot sales signs, except with the approval of the Committee. (This is probably for those who can't help but try and get the community to get out and vote for your favorite candidate. Or, maybe it is trying to get those pesky repair companies to quit trying to get free advertising from us.)
Electric Bug Killers - Page 12, item 5 article L; states Electric bug killer, "zappers" and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other Owners and shall only be operated when outside activities require the use thereof and not continuously. (Is that a zap or clap from the bug community I hear.)
Temporary Structures - Page 12, item 5 article J; states No temporary house, trailer, tent, garage or other outbuilding shall be placed or erected on any lot. (This is for those who were thinking of housing some of those race fans, but I wonder if this ends the kids sleepover camp out?)
Outside Toilets - Page 10, item 4 article A; states that No outside toilets shall be permitted on any lot in the Development (except during a period of construction). (Like we needed this in writing.)
Storage Sheds - Page 3, item 2 article B; states that Not withstanding anything contained herein or in the Articles or By-Laws to the contrary, and in addition to all restricitions set forth in the Plat of the Development, any and all forms of outbuilding, shed, storage shed, large animal quarters, etc., which are intended to not be directly connected to the main house on any Lot are hereby strictly prohibited. (In other words, do not put up any sheds and so forth. If not sure, contact the architectual control committee.)
Mailboxes -Page 5, item 3 article C; states that All mailboxes must be approved by the Declarant or there after, the Committee and shall be standard as to size, location, post, design, height, material, composition and colors. The initial mailbox for each lot, which meets the above criteria, shall be installed by the Declarant upon the payment from the home builder of the appropriate fee to the Declarant at each initial Lot closing. The homeowner and association member agrees to maintain and keep painted appropriately said mailbox to be in confomance with all other mailboxes. (Paint colors will be available from the committee.) (Okay, we know some of the boxes are starting to fall apart. Ready to paint replacements that match the current style can be found at Home Depot. However, the original Sherman Williams color scheme for the post and boxes are no longer available. Contact the Management firm or board for alternatives.)
Sump Pump Discharges - Page 9, item 3 article V; states All sump pump discharge lines shall be connected to underground subsurface drains or storm sewers by builder in areas where subsurface drains or storm sewers were provided by the Developer.(Not sure how this applies to sump pumps added after building was completed. Check with the Management company.)
Solar Panels - Page 12, item 5 article L; states No solar panels shall be permitted within the Development. (Guess going Green isn't going to be easy with this clause.)
And just for laughs (oh yes it is in there):
Signs -Page 11, item 5 article D; states No signs or advertisements shall be displayed or placed on any lot or structures in the Development, except entry signs and home or lot sales signs, except with the approval of the Committee. (This is probably for those who can't help but try and get the community to get out and vote for your favorite candidate. Or, maybe it is trying to get those pesky repair companies to quit trying to get free advertising from us.)
Electric Bug Killers - Page 12, item 5 article L; states Electric bug killer, "zappers" and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other Owners and shall only be operated when outside activities require the use thereof and not continuously. (Is that a zap or clap from the bug community I hear.)
Temporary Structures - Page 12, item 5 article J; states No temporary house, trailer, tent, garage or other outbuilding shall be placed or erected on any lot. (This is for those who were thinking of housing some of those race fans, but I wonder if this ends the kids sleepover camp out?)
Outside Toilets - Page 10, item 4 article A; states that No outside toilets shall be permitted on any lot in the Development (except during a period of construction). (Like we needed this in writing.)
Still More Stuff to Know
Animals - Page 11, item 5 article E; states No animals shall be kept or maintained on any lot in the Development except the usual household pets and, in such case, such household pets shall be kept reasonably confined so as not to become a nuisance. Excessive barking of a dog(s) or viscous animal(s) shall constitute a nuisance and may be ordered removed from the Development by the Association.
Vehicle Parking - Page 11, item 5 article F; states No Trucks one (1) ton or larger in size, campers, trailer, boats, snowmobiles, jet ski or similar vehicles shall be parked on any street in the Development. Any motor or recreational vehicle or trailer, camper, snowmobile, jet ski, or boat which is not used for normal transportation shall not be permitted to remain on any driveway or lot except within a closed garage and shall not be regularly parked upon unpaved areas. There shall be no outside storage of commercial trucks, trailers, boats, junk cars, or fuel tanks exposed.
Nuisances - Page 11, item 5 article B; states No noxious or offensive activities shall be permitted on any lot in the Development, nor shall anything be done on any of said lots which may be or may become an annoyance or nuisance to the neighborhood. Barking dogs shall constitute a nuisance.
Exterior Antenna/Dishes - Page 11, item 5 article C; states No television, radio or other antennas, nor any obtrusive object may be erected by any lot Owner on the exterior of a house or on a Lot. Satellite dishes of 25 inches in diameter or smaller may be permitted provided the installation location is approved by the Committee, but in no event will it be allowed on the front of the home, or permitted to be higher than the roof ridge.
Home Occupation - Page 12, item 5 article M; states No lot or lots shall be used for any purpose other than as a single-family residence, except that a home occupation, defined as follows, may be permitted:
any use conducted entirely within the residence dwelling and participated in solely by a member of the immediate family residing in said residence, which use is clearly incidental and secondary to the use of the dwelling for for dwelling purposes and does not change the character thereof and in connection with which there is:
a) No sign or display that will indicate from the exterior that the building is being utilized whole or in part for any purpose other than that of dwelling;
b) No commodity sold upon the premises;
c) No person is employed other than a member of the immediate family residing on the premises;
and d) No manufacture or assembly operations are conducted.
In no event shall the following or similar activities be conducted: child day care, barber shop, styling salon, animal hospital, or any form of animal care or treatment such as dog trimming, or any other similar activities.
Vehicle Parking - Page 11, item 5 article F; states No Trucks one (1) ton or larger in size, campers, trailer, boats, snowmobiles, jet ski or similar vehicles shall be parked on any street in the Development. Any motor or recreational vehicle or trailer, camper, snowmobile, jet ski, or boat which is not used for normal transportation shall not be permitted to remain on any driveway or lot except within a closed garage and shall not be regularly parked upon unpaved areas. There shall be no outside storage of commercial trucks, trailers, boats, junk cars, or fuel tanks exposed.
Nuisances - Page 11, item 5 article B; states No noxious or offensive activities shall be permitted on any lot in the Development, nor shall anything be done on any of said lots which may be or may become an annoyance or nuisance to the neighborhood. Barking dogs shall constitute a nuisance.
Exterior Antenna/Dishes - Page 11, item 5 article C; states No television, radio or other antennas, nor any obtrusive object may be erected by any lot Owner on the exterior of a house or on a Lot. Satellite dishes of 25 inches in diameter or smaller may be permitted provided the installation location is approved by the Committee, but in no event will it be allowed on the front of the home, or permitted to be higher than the roof ridge.
Home Occupation - Page 12, item 5 article M; states No lot or lots shall be used for any purpose other than as a single-family residence, except that a home occupation, defined as follows, may be permitted:
any use conducted entirely within the residence dwelling and participated in solely by a member of the immediate family residing in said residence, which use is clearly incidental and secondary to the use of the dwelling for for dwelling purposes and does not change the character thereof and in connection with which there is:
a) No sign or display that will indicate from the exterior that the building is being utilized whole or in part for any purpose other than that of dwelling;
b) No commodity sold upon the premises;
c) No person is employed other than a member of the immediate family residing on the premises;
and d) No manufacture or assembly operations are conducted.
In no event shall the following or similar activities be conducted: child day care, barber shop, styling salon, animal hospital, or any form of animal care or treatment such as dog trimming, or any other similar activities.
Other things to consider
Dusk-To-Dawn Lighting - Page 8, item 3 article R; states Each lot shall maintain and operate at least two (2) continuous dusk-to-dawn lights to be controlled by a photocell, in lieu of public street lighting, to be installed by the builder on each side of the garage doors. yard pole lights or height intensity up lighting of homes (except models) shall not be allowed without Committee approval.
Play Equipment - Page 8, item 3 article O; states Children's play equipment such as sandboxes, temporary swimming pools having a depth of 18 inches or less, swing and slide sets, and playhouses shall not require approval by the Committee, provided such equipment is not more than eight (8) feet high (to the highest point of the structure) and maintained by the lot owner in good repair (including painting). Equipment higher than eight (8) feet shall require approval of the design, location, color, material and use by the Committee. Basketball goals may be installed on a lot adjacent to driveway without Committee approval provided that they have a white fiberglass or translucent fiberglass or glass backboards. Independent basketball courts may not be constructed on a lot without written Committee approval. No basketball goal or backboard shall be permitted to hang from the home or garage visible to the street.
Play Equipment - Page 8, item 3 article O; states Children's play equipment such as sandboxes, temporary swimming pools having a depth of 18 inches or less, swing and slide sets, and playhouses shall not require approval by the Committee, provided such equipment is not more than eight (8) feet high (to the highest point of the structure) and maintained by the lot owner in good repair (including painting). Equipment higher than eight (8) feet shall require approval of the design, location, color, material and use by the Committee. Basketball goals may be installed on a lot adjacent to driveway without Committee approval provided that they have a white fiberglass or translucent fiberglass or glass backboards. Independent basketball courts may not be constructed on a lot without written Committee approval. No basketball goal or backboard shall be permitted to hang from the home or garage visible to the street.
Fences
Fences - Page 5, item 3 article D; states Any fencing must be approved by the Committee prior to any installation. It is the goal of the Declarant to keep all fencing or screening harmonious with the architectural character of the community.
No fence or screen will be approved if its installation will obstruct necessary sight lines for vehicular traffic. Undue obstruction of view or other amenities from adjoining properties will be taken into consideration by the Committee when reviewing fences for approval. No front yard fencing shall be approved by the Committee.
Except for the rear yard that adjoins 79th Street or Payne Road and initially installed by the Declarant, no fence will be permitted by the Committee taller than 42 inches from normal and typical ground level.
If approved by the Committee, fences may be privately installed but must be constructed to professional levels of quality and must match the design, material, composition, and color of the perimeter fence installed by the Declarant initially, with the exception of height.
Non-professionally installed fences will be inspected by the Committee after completion in order to ensure that the final product is of professional quality and final approval of the fence shall be deemed withheld until successful completion of this final review.
All fences shall be kept in good repair. No fence may be installed outside of any property lines.
(i) Height Restriction.
The environmental integrity of the community will be materially lessened if the open nature of the community is damaged by a proliferation of fences of excessive height. The Declarant, therefore, will consider rear perimeter fences only up to 42 inches in height which otherwise meet these guidelines. The use of six (6) foot fences around patio areas of a backyard, not to exceed 16 ft. x 14 ft., in order to secure privacy for immediate patio or if approved, to enclose an in ground pool area may be permitted. The specific fence height restrictions are as follows.
No fence or screen will be approved if its installation will obstruct necessary sight lines for vehicular traffic. Undue obstruction of view or other amenities from adjoining properties will be taken into consideration by the Committee when reviewing fences for approval. No front yard fencing shall be approved by the Committee.
Except for the rear yard that adjoins 79th Street or Payne Road and initially installed by the Declarant, no fence will be permitted by the Committee taller than 42 inches from normal and typical ground level.
If approved by the Committee, fences may be privately installed but must be constructed to professional levels of quality and must match the design, material, composition, and color of the perimeter fence installed by the Declarant initially, with the exception of height.
Non-professionally installed fences will be inspected by the Committee after completion in order to ensure that the final product is of professional quality and final approval of the fence shall be deemed withheld until successful completion of this final review.
All fences shall be kept in good repair. No fence may be installed outside of any property lines.
(i) Height Restriction.
The environmental integrity of the community will be materially lessened if the open nature of the community is damaged by a proliferation of fences of excessive height. The Declarant, therefore, will consider rear perimeter fences only up to 42 inches in height which otherwise meet these guidelines. The use of six (6) foot fences around patio areas of a backyard, not to exceed 16 ft. x 14 ft., in order to secure privacy for immediate patio or if approved, to enclose an in ground pool area may be permitted. The specific fence height restrictions are as follows.
- (a) Lot fencing and walls above grade shall not exceed 42 inches above grade.
- (b) Patio screens/privacy fences shall not exceed 6 six (6) feet in height adjoining the rear of home.
- (c) No fence placed on a lot in the Development abutting a lake shall exceed forty two (43) inches in height beyond a point sixteen (16) feet from the rear of the house constructed on such lot.
- (d) The Declarant, or thereafter, the Committee may amend or change, any of the above restrictions.
(ii) Materials and Finish
- (a) Wood fencing or screening is the only fencing which will be allowed. All wood fencing and design must be approved by the Committee and similar in design, and color to the development's perimeter fencing and using cedar materials.
- (b) the installation of a chain link, metal, vinyl or other galvanized metal fencing will not be permitted.
- (c) Walls above grade must be constructed of natural stone, masonry, or shadowbox fencing.
(iii) Approval
The exact location, material, color and height of the fence and picture shall be submitted to the Committee for written approval 30 days prior to proposed construction.
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