Kessler Commons

Key facts from Kessler Commons's documents

Reflects the 1990 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (subdivision with lots and common areas, no indication of condominium regime) (References to 'Lot', 'Residence Unit', ')

Governing law

Not explicitly stated; Indiana common law likely applies (Filing in Marion County, Indiana)

Age restriction

Not present

Assessments & dues

Regular assessments for Common Expenses and Special Assessments for capital improvements, operating deficits, and special maintenance; established by the Association. (Article VII, Section 7.7)

Special assessments

Permitted for capital improvements, operating deficits, and special maintenance/repairs (Article VII, Section 7.7; also Article I)

Collections & liens

Unpaid assessments (regular or special) together with interest, costs, and attorneys’ fees constitute a continuing lien on the Residence Unit, prior to all liens except tax liens and first mortgage liens. Lien extinguished by foreclosure sa (Article VII, Section 7.7)

Reserves & fees

Permitted; Association may provide for reasonable late charges on past due installments (Article V, Section 5.8)

Pets

Document does not address pets

Leasing & rentals

Yes, but initial sales to owner-occupants. Leasing by owner-occupant allowed with written lease of minimum one year, and lessee must be subject to all rules and regulations. (Article IV, Section 4.2)

Fences

Not specifically mentioned, but subject to ARC approval (Article VI, Section 6.2(1))

Architectural approval

Yes, for any change, improvement, construction, or placement on a Lot (including fences, sheds, etc.) (Article VI, Section 6.2(1))

Signs & flags

Subject to Architectural Review Committee approval (Article VI); limited by rules/regulations (Article VI, Section 6.2)

Maintenance

Not explicitly stated; likely owner responsibility as part of exterior of structures (Article IX, Section 9.1 (Owner maintains)

Insurance

Association required to procure and maintain insurance for benefit of Association, Board, and Owners (type of coverage not detailed) (Article V, Section 5.7(vi))

Use restrictions

Implicit; commercial use of Common Areas prohibited (Article IV, Section 4.3). Initial sales to owner-occupants only (Article IV, Section 4.2). (Article IV, Sections 4.2 and 4.3)

Voting & meetings

Two classes: Class A (all owners except Developer) – 1 vote per Residence Unit; Class B (Developer) – 3 votes per Lot or Residence Unit owned. Class B converts to Class A when total Class A votes equal Class B votes. (Article V, Sections 5.2 and 5.3)

Amendments

Two methods: (1) By Association: requires 67% vote of all Owners (Class A and B, but Developer approval needed as long as Developer owns any Lot). (2) By Developer alone (so long as Developer owns any Lot) for purposes such as compliance wi (Article XI, Sections 11.1 and 11.2)

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