Pemberton

Key facts from Pemberton's documents

Reflects the 2017 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners association (Pemberton Homeowners Association, Inc.) (Section 1.1 and Article 2 definition)

Developer / declarant

Zionsville Development, LLC, an Indiana limited liability company (First paragraph of Declaration)

Governing law

Not a condominium under Indiana Code § 32-25-1 et seq. (Section 1.1)

Assessments & dues

Base Assessment levied to fund Common Expenses determined by Board in annual budget; may include reserves (Section 8.1 and Section 8.3)

Special assessments

Board may levy a Special Assessment to cover insurance shortfall without vote of Members (Section 7.3(c)); also general Special Assessments under Section 8.4 (Section 7.3(c) and Section 8.4)

Collections & liens

Lien for assessment (Section 8.8) – assessments constitute a lien on the Unit (Section 8.8)

Reserves & fees

Board shall budget for reserves as part of Common Expenses (Section 8.3) (Section 8.3)

Leasing & rentals

Units may be leased in whole only; no fractional leasing; written lease required; notice to Board within 10 days with copy; owner must provide Governing Documents to lessee (Section 3.1(c))

Architectural approval

Yes; for new construction by NCC, for modifications by CMRB; approval required before commencement (Section 4.2(a) and (b))

Home business

Permitted only if not apparent from outside, conforms to zoning, no regular visitation of clients/customers, and consistent with residential character; no door-to-door solicitation (Section 3.1(b))

Signs & flags

One 'For Sale' or 'For Rent' sign not exceeding six square feet; Association may regulate political sign content but not prohibit; reasonable size and number restrictions allowed (Section 3.5(b))

Maintenance

Owner responsible for Unit and improvements; Association responsible for Area of Common Responsibility; Association may perform owner's maintenance if owner fails and assess costs as Specific Assessment (Section 5.1 and Section 5.3)

Insurance

Deductible is a Common Expense unless Board determines loss was due to negligence/willful misconduct of owner(s), then may assess deductible as Specific Assessment against that owner (Section 7.3(b))

Use restrictions

Units shall be used only for residential, recreational, and related purposes consistent with Governing Documents (Section 3.1(a))

Amendments

Amendment to Declaration requires vote of Members per Section 18.2; restrictions in Section 3.1 may be amended only in accordance with Section 18.2; Design Guidelines may be amended by Declarant (while owning property or having expansion ri (Section 18.2 and Section 4.3(b))

Amenities

Recreational Facilities (clubhouse, walking trails, playgrounds, tennis and basketball courts, swimming pool) located in Hampshire; use by Pemberton owners via Amenities Sharing Easement (Article 2 definitions; Section 3.7)

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