Declaration, By-Laws and Rental Cap

Rules & Regulations

Please click on the link below to download the Rules and Regulations in Word. If you have any problem downloading the documents or if you have any questions about them, please contact anyone on the board.

Rules & Regulations DOC

MIDDLETON PLACE CONDOMINIUM ASSOCIATION

This booklet is for all new and existing Middleton Place homeowners. It will familiarize you with the purpose and operation of Middleton Place Condominium Association, and it will provide you with information on how you can be sure that the Association is operating effectively to protect your investment and community. We suggest that you read these Rules and Regulations at least once to know what is expected of you as a homeowner or renter in this subdivision.

This Association is a private, not-for-profit Indiana Corporation responsible for operating and maintaining the common facilities and providing common services to the members. The Association operates like a municipal government operating under a corporate legal structure. In a corporation, the Board of Directors drafts the rules, on behalf of and representing the interest of a majority of the owners.

By purchasing and owning a home in Middleton Place, you are automatically a member of the Middleton Place Condominium Association. As a member you must pay an assessment fee to the Association for your share of the common expenses, and you also have certain rights and obligations that are spelled out in this booklet as well as the Condominium Declaration and Bylaws.

WHAT DOES THE ASSOCIATION DO?

The major responsibilities of the Association are to provide for the physical maintenance and operation of the shared property and to maintain property value in the community. This includes the landscaped grounds, buildings, concrete, pavement and swimming pool. The Association also provides common services including but not limited to lighting, lawn care, snow removal, insurance on all building structures, sewer and water distribution. The Board is also responsible for enforcing the restrictions and regulations.

HOW DOES THE ASSOCIATION OPERATE?

The Board is elected by the owners according to the Bylaws of the Association. The Board may be assisted with its duties by committees of Association members. Currently, the committees include; Rules & Regulations, Landscape, Snow Removal, Social, and Grounds Maintenance. Effective committees are essential to a well-run Association. They advise and assist the Board, and the Board in turn gives strong support of the committee efforts and suggestions.

Residents and Homeowners of Middleton Place Condominium Association are asked to bear in mind that the condominium lifestyle is founded on the tenets of group effort and cooperation. Among the more basic of these tenets are the principles of courtesy and an awareness of the sensitivities of others.

COMMENTS & QUESTIONS

The Middleton Place Condominium Association Board of Directors has engaged the services of a Management Company to oversee the day-to-day maintenance and operations of the community. Should an owner have a question, maintenance request or comment, please contact the Management Company.

All members of the Board of Directors are Middleton Place homeowners. The Board needs your participation and interest so that Middleton Place can remain an enjoyable and financially sound community. Monthly meetings are held on the second Wednesday of each month, and homeowner questions and problems are addressed following the adjournment of the meeting. Any specific issue an owner would like addressed during any business meeting should be communicated to a Director or the Management Company at least five days prior to the scheduled meeting for inclusion on the meeting agenda.

RULES & REGULATIONS

Enforcement:

Complaints in writing to the Management Company or verbal complaints to a member of the Board of Directors will be reviewed by the full Board of Directors. Any event that is deemed a violation of the rules, regulations, Bylaws and/or Covenants of Declaration will be addressed in the following manner:

A written notice of violation of the Declaration, Bylaws or Rules will be sent to the owner (and resident if not the same). The source of the violation must be corrected within the period specified in the written notice. There will be one written warning only for such violation prior to the Association taking the corrective action or response outlined in the written notice. The owner is responsible for any fees and costs incurred by the Association and in taking his corrective action to bring the property in compliance with the Articles of the Declaration.

Violations of Rules and Regulations will be given by written notice to the owners (and resident if not the same).

Any owner notified of a violation of the Declaration, Bylaws, and/or Rules and Regulations may request to address the Board of Directors at the next regularly scheduled Board meeting for a review of the violation and hearing in the public forum of the Association. Such request must be submitted in advance to a member of the Board or the Management Company for addition to the meeting agenda.

The Board, on behalf of the association, shall have the power to initiate any proceedings, at law or in equity, against any owner or resident who refuses or fails to comply. All costs and attorney fees shall be the responsibility of the violating owner or resident.

Assessments & Collections          

All monthly assessments and any special assessments or other lawful charges of the Association are due and payable on the first day of each month. Any payment that is received after the tenth (10th) day of the month shall be considered late and will be subject to a $15.00 late fee. All payments received will be applied to the oldest amount due.

Any payment of less than the full amount of all assessments and other charges which are due in any given month, or any payment which does not bring an owner’s account to be in good standing shall cause the owner to be subject to a late fee of $15.00 for the applicable month.

Owners who are delinquent in the payment of assessments or any other charges or amounts due the Association are subject to actions as permitted by the Declaration and Bylaws of the Corporation and these Rules and Regulations. All legal fees and costs accruing in the process of collecting these assessments will be assessed to the owner and unit account.

Alterations:   

No alterations of any kind may be made to the exterior of any building, including but not limited to, roofs, siding, trim, chimneys, concrete, and grounds. No awning, sunroof, or canopy of any type is permitted. Exceptions may be made only by written consent of the Board or as stated in Landscape and Grounds Decoration section.

No antennas or satellite dishes of any kind may be attached or mounted to any portion of the building. Antennas or satellites may be mounted on posts adjacent but not attached to the building. Such posts must be painted to match the trim or siding of the building in the area they are placed.

Storm and screen doors must be full-view glass or screen, and white in color.

Common Areas:      

All toys, recreation equipment, bicycles, lawn chairs, and other personal property must not be left on common areas overnight.

Any game or other activity that creates a nuisance, damages any common areas, or disrupts the peace is prohibited.

Owners may not enclose any portion of the common areas with a fence or other boundaries without prior approval of the Board.

Any common area that is damaged by the conduct of an owner, owner’s family, guests or tenants will be repaired at the expense of the homeowner.

Deliveries shall be made in such a manner that the delivered material is not stored or left on common areas for more than 24 hours.

Retention Ponds:

Swimming or wading is not allowed in the retention ponds.

Feeding of waterfowl is not permitted.

Boating is not permitted on the retention ponds.

Ice skating or walking is not permitted on ponds when frozen.

Pool Use and Rules:

Two pool keys per unit are provided. Additional or replacement keys can be provided at a cost of $25.00. Keys are the property of the Association and must be returned upon sale of the unit.

Residents are responsible for their guests’ conduct, as well as their own. NO LIFEGUARD IS ON DUTY; therefore, each owner must take responsibility for his/her own safety and that of their children and guests.

Residents may not allow guests or non-resident family members use of the pool without the resident’s presence at the pool at all times.

A maximum of six (6) guests per unit may be allowed in the pool area at any given time unless pre-approved by the Board.

All children under the age of 12 years old are not allowed on pool premises without a parent or legal guardian present.

No diaper-aged children are allowed in the pool without plastic pants.

Homeowners responsible for any fecal accidents requiring cleanup and water purification by law will be responsible for the cost of such cleanup.

Damage caused by any guest of a resident is the responsibility of that resident.

Any person intoxicated, disorderly, or engaged in activity that endangers them or others will be required to leave the pool area.

All beverages must be in unbreakable containers. Absolutely no glass containers are permitted in the pool area.

Patio furniture in the pool area is the property of the Association and may not be removed by any homeowner or guest.

Patio furniture is to be treated with respect and shall not be put in the pool.

Smoking is not permitted in the restrooms at the pool.

PETS:

Only domestic house pets are allowed in the community.

When pets are outside the house, in common areas, they must be accompanied by the owner or other responsible person, and they are never to be out of the eyesight or control of such person.

Pet owners are responsible for ensuring that all vaccinations required by law are up to date.

Any pet damage to common areas will be the financial responsibility of the pet owner.

No pet shall be housed or chained in the common areas outside the owner’s unit overnight.

Owners are responsible for controlling the noise level of pets so that the neighbors are not unreasonably annoyed.

Pets are not permitted in the swimming pool area.

The housing of more than three (3) pets in any residence is prohibited. This constitutes a kennel and is in violation of zoning laws.

Breeding of pets in any residence is prohibited.

Pet owners are responsible for immediately picking up solid waste.

The Board of Directors reserves the right to seek removal by Animal Control of any pet that becomes a community nuisance due to chronic disregard of established Rules and Regulations. This includes notifying Hamilton County Animal Control to pick up pets that run loose in the community.

Landscape & Grounds Decor:

Watering of lawns and landscaping is the responsibility of the homeowners. Watering is not allowed between the hours of 10:00am and 3:00pm as it is not effective and can be damaging to plants and lawn in strong sunlight. Watering is allowed for a maximum of one (1) hour in any given area, and no water is to be left on for any period longer than two (2) hours within a 24-hour time period.

Chemical applications to common area landscape or lawn by individual owners are prohibited. A professional landscape company applies appropriate fertilizers and chemicals to lawn areas.

A professional landscape company applies mulch to common landscape areas. Mulch applications made by individual homeowners in common areas or personal landscape beds visible from the street must be similar in color and texture to the mulch applied by the Association landscape company.

Only fences constructed to the specifications provided by the Board may be erected and must be pre-approved by the Board before installation.

Maintenance of all areas inside fencing is the responsibility of the homeowner.

Flowers and foliage not exceeding two feet in height are the only types of landscaping residents may add to Association landscaping without obtaining written permission of the Board. Such plantings will be limited to the existing planting beds. No Association landscaping may be removed by a homeowner without pre-approval by the Board. All other planting will be subject to approval by the Board, and a scale drawing of suggested additional planting must be submitted to the Board as a precondition to the Board’s consideration of the request. Potted plants are permitted and encouraged in areas around the building.

Owners shall be responsible for the care and maintenance of any gardens, beds, flowers or foliage they plant, including but not limited to watering, weeding and removal of any dead or dying blossoms, fruits, vegetables or leaves on or near the plant.

Any plantings must be installed in such away so as not to interfere with the functions of any maintenance equipment used for the grass or other common areas. Such personal plantings must be within a two (2) foot perimeter of the back patio or building, whichever is farther.

Any edging installed by homeowners around beds must be securely installed and maintained for an even, attractive appearance.

Once personal plants have been installed, the Association is no longer responsible for the replacement of lawn or other plants removed.

Any sod or other property damaged by the neglect or abuse of any person on the property shall be replaced at the expense of the owner or person responsible.

The Board has the authority to require a unit owner to remove any non-community landscaping at any time as the Board deems appropriate.

No seed bird feeders are allowed on common areas, trees or in personally landscaped areas, patios or balconies. Nor is seed or mullet to be placed on trees, lawns, patios, balconies, walks, drives or any common areas.

A maximum of one lawn ornament or decoration per unit no more than two (2) feet high may be visible from the street. Signs are not permitted in any case. Lawn ornaments must not be offensive in nature.

Parking, Motor & Recreational Vehicles:

Vehicle and parking compliance is a serious matter. The Board reserves the right to tow any vehicle owned by a Middleton Place resident, guest, tenant or other person, found to be in non-compliance with any of the following parking rules. The Board also reserves the right to tow any vehicle in chronic non-compliance of any of these rules, following a single written notice to the vehicle owner. Costs incurred for towing in any instance are the responsibility of the vehicle owner and must be paid prior to retrieval of the vehicle.

The speed limit is 15 mph throughout Middleton Place.

Each unit has at least two designated parking spaces, one in the garage and one in the drive. Homeowners are expected to use these spaces before parking on streets or in supplemental parking spaces.

Street parking is restricted to the west side of Brewton and the west side of Ladson only. Fishers ordinance prohibits parking which leaves less than 18 feet of width of the roadway available for the free movement of traffic. In compliance with this, no street parking is allowed on the side streets that include Anson, Boone, Exchange, Gibbes, Lamboll, Legare, Lenwood, Meeting, and Thradd, except for the two to three designated spaces at the dead end of these side streets.

Parking on the designated streets of Brewton and Ladson is not permitted between the hours of 1:00am and 5:00am.

In compliance with town of Fishers ordinances, parking and driving on any curbs, sidewalks or lawn areas is prohibited. No vehicle shall be parked in such a manner as to impede or prevent ready access to another vehicle, or parked in a manner which blocks sidewalks, driveways, intersections, or street access to supplemental parking spaces.

Vehicles may not be parked in such a way that they restrict other residents from safely entering or leaving their driveways. In compliance with town of Fishers ordinance, parking is prohibited in front of or directly across from a public or private driveway.

In compliance with Fishers ordinance, vehicles may not be parked within 20 feet of a corner or within 15 feet of a fire hydrant.

Vehicles parked on the property must display current license registration and comply with the State of Indiana licensing laws.

No unlicensed or inoperative vehicle shall be left parked on the property for more than seven (7) days. A vehicle is deemed inoperable when it cannot move under its own power, which includes but is not limited to flat tires.

The parking of motor or recreational vehicles, trailers, campers, large trucks, or boats is prohibited. If a vehicle cannot fit in your garage, it cannot be kept or stored within Middleton Place. Special arrangements can be made for necessary overnight parking to outfit a boat or camper for a trip by contacting the Board of Directors for special permission at least seven (7) days prior to the date of parking. Permission for such parking will not exceed two (2) consecutive overnight periods.

Any vehicle parked on a street or in a supplemental parking space not moved for more than seven (7) days without moving is considered a stored vehicle and is prohibited. In the event that a homeowner finds it necessary to leave a vehicle on a street or supplemental parking space longer than seven (7) days, the homeowner must advise the board or management company in advance.

Unlicensed vehicles may not be operated within Middleton Place. This includes, but is not limited to mini-bikes, dirt bikes, sand buggies, etc.

Damage to common areas caused by motor vehicles will be repaired at the owner’s expense. This includes damage to streets, driveways, and concrete resulting from automobile fluids.

Automotive maintenance may be performed in the resident’s garage or driveway. Such activity should be limited to routine automotive maintenance.

No vehicles with “for sale” signs may be parked on the street or in supplemental parking spaces at any time. Such vehicles may only be parked in the homeowner's primary parking spaces, which include their garage and driveway.

Garages:       

Except when entering or exiting the garages, garage doors must be kept closed to increase security and avoid property devaluation from unsightly or inappropriate display of personal property inside the garage.

No exterior alterations may be made to the garage doors.

Any vehicle repairs that cause any type of nuisance, fire hazard, or annoyance to the neighbors are prohibited. Any work or activity producing noise in garages is prohibited between 10:00PM and 8:00AM. Care and consideration for others must be exercised if the garage is used for minor repair or maintenance of vehicles.

Nothing shall be stored in any garage that might create a danger of fire or explosion, or that might create harmful or offensive fumes. Flammable materials may not be stored or kept in garages.

Barbecuing in garages is prohibited.

Vehicles may not be left running in a garage with the door closed.

Balconies & Patios:

Owners must keep patios and balconies clean, orderly, and free from clutter.

Balconies and patios may not be enclosed, altered, or the appearance changed in any way without the prior written consent of the Board of Directors, with the exception of holiday decorations as noted in HOLIDAY DECORATIONS.

Balconies and patios may not be used for storage, other than for seasonal storage of barbecue grills, patio furniture, and other items associated with patios and balconies.

Clothing, sheets, blankets, laundry, and other objects shall not be hung out or exposed on balconies or patios.

Owners are responsible for damage caused by objects which fall from or which are blown from balconies.

No items or objects shall be thrown, swept, or shaken from balconies.

Barbecuing will be allowed only on patios and balconies in the back of each unit, using gas or charcoal grills with hoods or covers.

Owners and residents shall not allow pets to either urinate or defecate within the balcony or patio area.

Holiday Decorations:

Holiday decorations may be displayed from four weeks before to two weeks after the holiday.

No decorations may be attached with nails, staples, or other means that may deface or affect the building in any way.

Signs:

No signs may be displayed in common areas, including but not limited to yard signs, contractor advertising, and political signs.

No signs may be attached to the exterior of the buildings by any means.

For sale or for rent signs may be placed inside the unit to be visible from the street. No other type of signs inside the unit may be visible from the street.

Snow Removal:

The Association provides snow removal from streets, driveways, and supplemental parking spaces when snowfall exceeds two inches (2”).

Homeowners are responsible to move their vehicles off the streets and out of supplemental parking spaces when snowfall may exceed two inches (2”). The Association, the Property Management, or their vendors are not responsible for any plow damage to vehicles left on the street or in supplemental parking areas during plowing.

Driveways with vehicles left in them will not be plowed. Homeowners should be aware that street plowing might produce snow banks across unplowed drives. The Association or its designated vendor may not remove such snow banks.

Homeowners are responsible for snow removal of their own walks, porches, patios and balconies. Salt and sand are the only allowable substances for ice removal as other chemical ice removers may damage concrete. Any such damage to the concrete will be repaired at the homeowner's expense.

Trash:

Trash removal is provided by the Association through the maintenance fees. The regulations provided by the trash removal company shall apply.

Trash must be placed in containers or sealed plastic bags.

Trash containers must be kept in garages or on back patio areas when not out for collection. No trash containers may be visible from the street at any time other than when they are set out for collection.

As of publication of this document, trash is picked up on Monday morning of each week including all holidays except Christmas. If Christmas falls on a Monday, trash will be picked up on Tuesday of that same week. All other holidays falling on Monday have regular Monday pickups.

Trash containers may not be placed at the curb any earlier than 12:00 noon on Sunday and must be removed from the curb no later than 10:00pm on Monday. Homeowners who will be away from home and cannot remove the trash container within the regulated time must make arrangements with a neighbor to do so.

Littering is in violation of the laws of the Town of Fishers.

Owners are responsible for keeping lawn areas immediately surrounding their units clean and free from debris.

Children:

Parents/guardians and/or homeowners are responsible for the activities of their children or the children of guests, or visiting children, so other residents are not unduly disturbed.

Children should ride bicycles in those areas where they can be clearly seen by motorists. Children riding on tricycles, “hot wheels,” skateboards, scooters, and other low-profile vehicles should be ridden in personal driveways or on sidewalks only, not in the streets.

Bicycles and other vehicles shall not be ridden on grassy or landscaped areas.

All toys, recreations equipment, bicycles, etc., shall be kept inside the home or backyard patio area when not in use.

Any damage to grounds caused by children will become the financial responsibility of the resident parent or guardian. Homeowners are responsible for the children of guests or children visiting them.

Rentals & Vacancies:

If a unit is to be rented, the owner MUST notify the Management Company of their intent to rent the unit, or if it is to stand vacant, provide a forwarding address where the owner can be contacted in an emergency.

Unit owners remain responsible for the payment of maintenance fees regardless of whether their unit is vacant or rented.

Unit owners must provide tenants with copies of the Declaration, Bylaws and all Rules and Regulations and will be responsible for any infractions of them by their tenants.

Upon renting a unit, notice of the tenants’ names and a copy of the lease shall be given to the Management Company for their records.

Selling the Unit

Homeowners are responsible to advise prospective buyers of the Association Rules & Regulations, Bylaws and Declaration and to provide copies of the same.

It is necessary to have a statement of your maintenance fees at closing. Advance notification to the Management Company will help expedite the proper processing of these papers.

A copy of the official documents of the Association, including Rules & Regulations, Declaration and Bylaws, must be given to the new owners prior to the closing, at the seller’s expense. If a new owner does not receive such documents, he or she may obtain copies from the Management Company at the new owner’s expense.

Other Restrictions:

All building units shall be used exclusively for residential purposes and occupancy for a single family only.

Every unit owner shall promptly repair and maintain, within the building unit, items that would adversely affect property value. Such items include but are not limited to internal water lines, plumbing, electric lines, appliances, gas lines, air conditioning, doors, and windows.

Nothing shall be done in the unit or on the premises to be an annoyance, nuisance, inconvenience or damage to other residents; such as noise from radio, TV, amplifiers, musical instruments, or illegal activities.

Nothing shall be done or kept in the unit to cause an increase of premium or cancellation of the Association or neighboring unit insurance policies.

Nothing shall be done within or about any unit that would impair the structural integrity of the building. This includes, but is not limited to, remodeling with changes to walls, ceilings, plumbing, or other utility lines.

To discourage termite infestation, firewood must be stacked at least one foot from the building and placed on a non-wood platform or on concrete. Firewood may not be stored in garages for the same reason. In the event that infestation occurs due to non-compliance of this regulation, the responsible homeowner will be charged with pest control of the affected units.

No owner or resident may discharge a firearm, target pistol, pellet gun, BB gun, or other projective launching weapon on the property. This is a City/County ordinance. Violators will be reported to the Fishers Police for prosecution.

November - 2001: Rental Cap

In November 2001, association members voted to approve a rental cap in our community.  A copy of the full rental cap provision should be obtained from Ardsley Management if you are considering leasing your property.  A copy was mailed to all homeowners earlier this summer.

Information contained below summarizes in general the cap’s content.  For detailed information, owners should consult the full text of the legal amendment of the Middleton Place Condominium Declaration.

Rental Cap Informational Summary

1.      No more than 10 percent of the units may be rented at any given time. 

2.      If at any time 10 percent of the units are leased, an owner who wants to lease his or her unity shall be placed on a waiting list by the board of directors. 

3.      When an existing tenant moves out, the owner of that unit shall immediately notify the board and that unit cannot be re-rented until all prior owners on the waiting list have a chance to rent their unit.

4.      Prior to the execution of any lease, the owner must notify the board of directors as to that owner’s intent to lease his or her unit.

5.      After receiving such notice, the board will advise the owner if the unity may or may not be leased, and his or her position on the waiting list if applicable.

6.      For a period of at least one year after an owner’s acquisition of a unit, said owner cannot lease that unit.

Hardship Exception Summary

1.      If the maximum number of units is currently being leased, the owner may request a waiver of the rental cap if it will cause undue hardship.  Such decisions are at the board’s discretion.

2.      Hardship examples include:  death, dissolution, or liquidation of an owner; owner’s marriage or divorce; necessary relocation of an owner outside a 50-mile radius due to employment change or retirement of at lease one owner; necessary relocation due to mental or physical infirmity or disability of one owner; other similar circumstances.

General Lease Condition Summary

1.      All leases, including renewals, shall be in writing and for a term not less than one year without the prior written approval of the board. 

2.      No portion of any unit other than the entire unity shall be leased for any period.

3.      No subleasing is permitted.

4.      All leases shall be made expressly subject and subordinate to the declaration, bylaws, articles of incorporation, and any rules and regulations in place for the association.

5.      Owners shall supply copies of such governing documents to tenants prior to the lease’s effective date. 

6.      The board may put into place additional rules and regulations concerning leasing.

7.      Owners who do not reside in the home shall provide board of directors with the tenant’s names and any other residents living in the home.

8.      No lease shall provide for a release of the owner from his or her responsibility to the association, the association’s governing rules, or the owner’s liability to the association for payments of assessments or any other charges.

9.      Copies of the lease must be provided to the management company within 30 days after execution.

Maximum Number of Units Owned by Single Owner Summary

1.      No owner may own more than two units within Middleton Place at any time.

2.      If an owner is the owner of more than one unit, such owner must reside in Middleton Place in at least one unit.