VANBIBBER LAKE PROPERTY OWNERS

RESTRICTIVE COVENANTS AMENDED 1992/AMENDED 2004

( THESE COVENANTS WERE CURRENT AT THE TIME OF PUBLICATION. PLEASE CONTACT THE POA FOR CURRENT UPDATES)
1. All easements for utilities and drainage as shown on recorded plat are hereby reserved with 21/2 foot drainage distance from the centerline of each easement for utilities and drainage are hereby reserved for maintenance and repair. In the event any of the existing utilities need to be relocated - then the utilities will be relocated within a five(5) foot easement of the respective property line.

2. Set-back lines for the location of the home/trailer are established on recorded plats for Sections between which lines and the property line of the street - shall be erected or maintained no building or structure or location of the home/trailer closer than the set-back line.

3. a. Sections 1 and 3 mobile/modular homes shall have living area - exclusive of cabanas, porches, carports or attached garages of 600 square feet as minimum. All homes must be at least 12 feet wide and 50 feet in length.

b. Section 2 mobile/modular homes shall have living area exclusive of cabanas, porches, carports or attached garages - of 1200 square feet as a minimum. All homes just be at least 24 feet wide and 50 feet in length.

c. Stick homes may be built in all Sections 1, 2, 3,4, 5, and 6. These homes must follow building codes and have proper permits from planning commission, and plans be approved by the POA Board Directors hi writing.

d. Sections 4, 5, and 6 trailers or mobile homes shall have living area, exclusive of cabanas, porches, carports of attached garages, of 490 square feet as a maximum. All trailers or homes are restricted to 2 V* foot distance from the centerline of each easement for utilities and drainage and all adjoining property lines.   Property owners with adjoining lots may place a home larger than the above restrictions with POA Board of Directors written approval.

1. Campers may be placed on lots in Sections 4, 5, and 6 with the following restrictions: must be 5 years or newer, have     skirting,    hooked to utilities, not pulled in and out, lived in and meet the approval of the Board of Directors of the Property Owners Association, Inc.

2. Seasonal Recreational vehicles may be moved and returned with approval of the POA Board of Directors. These must follow  Restrictive Covenant setup restrictions,

4. No cabanas, porches, carports or garages may be attached to any mobile or modular

5. All homes/trailers shall be used for single family dwelling purposes.

All homes, trailers, campers, property sold on contract must make legal property transfer

of  title  to buyer and be recorded in the Putnam County Court House. Property owners

who lease or rent must supply the POA Board of Directors with renter information for

approval.

6. No new business or occupation shall be permitted. Established businesses are not affected.

7. All lot owners shall conform and abide by the Rules and Regulations and the Restrictive Covenants of the VanBibber Lake Property Owners Association Inc.

a. Lot owners will be responsible for existing property/properties rented - if renter does follow sales and covenants.

b. Properties sold on contract are also the responsibility of the property owner. ( See #5 for guidelines of contract sales). This will be enforced by VanBibber Lake Property Owners Association, Inc.

8. All lots, including landscaping and improvements thereon shall be maintained and kept clean at all times in a manner to meet the approval of the VanBibber Lake Property Owners Association, Inc.

9. No private water or sewage system shall be permitted. All residential dwellings must connect and use the central water and sewage facilities as furnished.

10. A. No more than one trailer or camper shall be located used as residence on a single lot.

B. No trailer or camper can be moved from one lot to another lot within the VanBibber Lake Park unless it is 5 years and newer, with the approval of the VanBibber Lake Property Owners Association, Inc. All Board of Directors.

11. No trash burning or receptacles for such are allowed on any lot. Fines will be collected at the rates $50 first offense, $100 second offence, etc. Campfires in pits are allowed unless the VBL Fire Department determines otherwise.

12. All mobile or camper homes brought onto any lot that accommodates such must be five (5) years or newer.

These must be seen by Property Owner All Board of Directors for approval. Adjoining property owners will be consulted for approval and with letters sent to adjoining owners not residing full time. The approval letter must be responded to within two weeks. Such

mobile homes must have vinyl siding and shingle roof and be placed on a block foundation.

13. Mobile homes in Sections 1,2, 3, ,4 5, and 6 shall comply with the Indiana Manufactured Housing Code and shall carry a seal if built after October 1,1999. An incoming mobile home - single wide or double wide - must be placed on a block foundation. The mobile home shall meet the State of Indiana tie-down standards The mobile homes with skirting already set shall meet the State of Indian tie-down standards.

14. No noxious, or unlawful, or otherwise offensive activities shall be carried out on any lot in all sections, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Realtor for sale signs may be placed on properties by request of owner.

15. No fence shall be erected on or along any lot line, nor on any lot, the purpose or result of which will be to obstruct reasonable vision, light or air, and all fences shall be kept in good repair and erected reasonable so as to enclose the property and decorate the same Without hindrance or obstruction to any other property. The VanBibber Lake Property Owner Association Inc. shall have the exclusive jurisdiction in determining whether or not any erected fence is a violation.

16. No storage structure of any kind, room additions, decks, roof over units shall be erected upon any lot or moved to another property unless approval is first obtained from VanBibber Lake Property Owners Association, Inc. Board of Directors. A building permit from the county planning commission maybe required.

17. All dogs must have paid tax tags, up to date proof of rabies tags veterinarian certificate. Dogs must be kept hi fenced area or on a chain when outside. Dogs must be walked on a leash. No breeding or boarding kennels are permitted. Limit of 3 dogs per property owner. Dog owners must carry a bag to clean up after the dog when walking it.

18. If the parties hereto, or any of them, hereto or assigns shall violate or attempt to violate any of these covenants, restrictions, provision, or conditions herein, it shall be lawful for any other person owning real estate situated hi this section to prosecute any proceedings at law or inequity against the person or persons violating or attempting to violate any such covenant, and either to defend him/her or them from doing so, or to recover damage or other dues for such violation.

19. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until November 1, 2014 at which time said covenants shall be automatically extended for successive periods for ten (10 ) years unless by a vote of a majority of then owners of lots hi this plat it is agreed to change said covenants is hereby granted to the VanBibber Lake Property Owners Association, hie. its successor or assigns.

 

20. Invalidation or any of the foregoing covenants, provisions, restrictions, or other conditions by judgment or court order shall in no way affect any of the other provision, which shall remain in full force and effect.

Board of Directors of the VanBibber Lake Property Owners Association

THIS INSTRUMENT PREPARED BY THE VANBIBBER LAKE PROPERTY OWNERS ASSOCIATION, INC. Voted approval by General Meeting of the Property Owners Member 5/22/04  ( THESE COVENANTS WERE CURRENT AT THE TIME OF PUBLICATION PLEASE CONTACT THE POA FOR CURRENT UPDATES)