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Villas at Waterford Commons Second P.U.D.

What the recorded documents actually say about Villas at Waterford Commons Second P.U.D. in Goshen — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

9 homes have sold here in the last four years, which is why this neighborhood was compiled early.

Before you rely on this page

Read this first, because it affects how much weight to put on everything above. The copy of this declaration that circulates with listings in this neighborhood, and the copy these answers come from, is not an executed one. It is dated April 30, 2018, and it is complete and internally consistent, but every signature line in it is blank, every notary block is blank including the day and the month, the space for the developer's notice address is left empty, and it carries no recorder's stamp and no instrument number of its own. That is the signature of a final draft or an unexecuted file copy, not of a recorded instrument. A recorded version may well exist and be identical in substance, and the plat it is built on is certainly recorded, but nothing on this copy proves it. So treat the answers above as what this document says, and have your title company pull the recorded declaration and any amendments for the lot you are buying before you rely on any of it. That is a routine title-search request and it settles the question.

What land it is written for. The declaration covers lots on the recorded plat of Villas at Waterford Commons Second, P.U.D., recorded January 5, 2017 in Plat Book 36, page 71, as instrument 2017-00266, being 7.853 acres. Its exhibits list the lots one by one, and together they come to lots 42 through 78 inclusive: lots 42 through 52, 54 through 58 and 60 through 77 held by the developer, plus lots 53, 59 and 78, which had already been sold and whose owners signed on so the same rules would reach their lots too. If the lot you are looking at is not in that range, these are not its rules.

The neighbouring first phase is a different subdivision with different covenants, and the two get confused. The Villas at Waterford Commons, the earlier plat next door, has its own declaration recorded January 23, 2004 as instrument 2004-02490, amended October 20, 2009 by instrument 2009-26573. Those cover a separate 8.33-acre plat in Plat Book 26, page 58, and they are not what answers anything above. They differ in real ways: the first phase allows leases up to two years before association approval is needed, where this one sets the line at one year. Make sure the document you are handed names Waterford Commons II, or Second, and not just Waterford Commons.

The association By-Laws and Articles of Incorporation are referred to throughout and are not in the file, so anything that depends on them is unanswered here, including the meeting and voting procedure, any fine schedule, and any rules the board has adopted since 2018. The declaration also contemplates that the developer may expand the subdivision onto adjacent land. Ask the association for the By-Laws, the current rules, the assessment amount, and whether control has been turned over from the developer.

What you can build and change

Conditional

Fences

Perimeter fencing is flatly out. In the declaration's words, No perimeter fencing of any type shall be allowed. What is possible is a privacy fence, and only for screening a patio, deck or similar area, and only after the Architectural Control Committee approves it. Privacy panels are also specifically allowed on the east border of Lot 59 and the south border of Lot 58, again subject to Committee approval. Any approved fence or panel must meet five minimum standards: no more than six feet tall, white and of vinyl or similar material that does not need painting or regular upkeep, essentially maintenance free with the owner still responsible for its structure and appearance at all times, placed clear of utility and gas line easements, and maintained so the association can still get in to do the yard and landscaping work.

No perimeter fencing of any type shall be allowed. Privacy fences shall be utilized only for screening patio, deck, or other similar areas, and then only after approval by the Committee. However, privacy panels will be allowed on the East border of Lot 59 and the South border of Lot 58, subject to approval by the Committee.
✗ Not allowed

Sheds & outbuildings

No shed, and no outside building of any kind. The declaration is explicit about it and gives the reason: the lots are small and a uniform appearance is wanted. There is no approval route written in and no size or screening exception. A separate paragraph also bars any structure of a temporary character, and names trailers, mobile homes, tents, shacks, garages, barns, tool sheds, storage sheds and other outbuildings, temporarily or permanently, with the single exception of a construction trailer while the house is being built. So storage here means the attached garage or the basement.

No storage sheds nor any outside buildings are permitted on any Lot given the size of the Lots and the homogeneous appearance desired by this Declaration.
Conditional

RVs, boats & trailers

The declaration sets a 48-hour limit rather than a flat ban, and the permitted place is inside a structure. Snowmobiles, boats, trailers, recreational vehicles, motorcycles and dune buggies may not be parked outside of permitted structures on a homesite for longer than forty-eight hours. Motorcycles are in that list, which is unusual and worth noticing. Two other paragraphs tighten what that leaves in practice: sheds and outside buildings of any kind are prohibited, so the only permitted structure on a lot is the attached garage, and a separate sentence says no homesite shall be used for storage of lumber, firewood, motor vehicles, materials, junk, waste, debris or grass clippings. The streets are private and on-street parking is capped at twelve hours in a day, so the street is not an alternative either. Measure your garage before you count on keeping anything larger than a car here.

No snowmobiles, boats, trailers, recreational vehicles, motorcycles or dune buggies may be parked outside of permitted structures on any Homesite for longer than forty-eight (48) hours.
✗ Not allowed

Swimming pools & hot tubs

No pool of any kind, and no hot tub. The declaration prohibits tennis courts, pools, hot tubs and other similar devices or structures on any lot, and gives the reason as the limited size of the lots. There is no distinction drawn between in-ground and above-ground, and no approval route is written in. A rear-yard patio with one single-pole shade umbrella is the outdoor arrangement the declaration does contemplate.

No tennis courts nor any pools, hot tubs, or other similar devices or structures are permitted on any Lot given the limitations on size of the Lots in the Property.
Conditional

Exterior changes & additions

Nothing is built, placed, maintained or altered on a lot without the Architectural Control Committee's written approval first, and the paragraph says so in those terms: no dwelling unit or other structure or improvement shall be erected, constructed, placed, maintained or altered on any homesite, and the natural topography or drainage may not be altered, until the builder and the plans have been approved. The plans must show the floor plan, exterior type and finish, materials, outside colors, harmony of external design with existing structures, and location relative to lot lines, and two complete sets must be submitted. The Committee answers in writing, nothing may be built that does not fully comply with the approved plans, and no change or deviation may be made without its prior written consent. The Committee is the Board of Directors or people it designates, and the declaration says its decision is entirely within its discretion. One limit is worth knowing: the declaration says the Committee's authority expires fifteen years after the plat on which the lot sits was recorded. The plat was recorded in January 2017, so ask the association how it treats that date.

In order to maintain harmonious structural design and appearance, no Dwelling Unit or other structure or improvement shall be erected, constructed, placed, maintained or altered on any Homesite, nor shall the natural topography or drainage of any Homesite be altered, until the builder and the construction plans for the structure and/or for the topographical alterations and the landscaping (as more particularly set forth below) have been approved by the Committee.
Conditional

Satellite dishes & antennas

A dish is permitted, with placement controlled. All public utility service, including cable television, must be underground and not visible. A satellite dish not exceeding one meter in circumference is then permitted on any homesite, subject to being attached on the back one-half of the roof of the house in an inconspicuous location, with that location approved by the Committee. The declaration also says the limit applies except as otherwise required to be permitted by applicable state or federal law, which is the document's own acknowledgement that federal rules on reception devices may reach further than the paragraph does.

Provided, however, that a satellite dish, not to exceed one meter in circumference, except as otherwise required to be permitted by applicable state or federal law, shall be permitted on any Homesite subject to the following criteria: Such dish must be located and be attached/installed on the back one-half of the roof of the Dwelling in an inconspicuous location, and such location of such dish must be approved by the Committee.
Not stated

Solar panels

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

We can find out →
Conditional

Landscaping, trees & gardens

This is the part that makes the neighborhood work the way it does, and it cuts both ways. The association does the basic lawn care on the lots, meaning regular yard mowing and maintenance, basic landscaping maintenance, and controlling the irrigation, and the lawns and landscaping as approved are maintained and cared for by the association. Owners authorize the association and its designees to come onto the lots to do it, and the association regulates the times and amounts of irrigation while each owner pays for their own water. The flip side is that the owner does not choose the planting. Lawn and landscaping plans go to the Committee for written approval before construction, with the location, type, size and variety of trees, shrubs and plants spelled out. Above-ground lawn sprinkler devices are expressly prohibited, as are sandboxes, swing sets, slides, gazebos, trampolines and other yard structures or devices. A garden is permitted for flowers or a few vegetables for the owner's own use, capped at one hundred fifty square feet with nothing growing above thirty-two inches, kept free of weeds and debris year round, with the location approved in advance so it does not get in the way of the mowing. Compost piles and similar organic recycling piles are not permitted. One single-pole shade umbrella is permitted, on a rear yard patio only.

All lawns and landscaping as ultimately approved shall be maintained and cared for by the Association consistent with the plans and specifications provided and approved.
Conditional

Mailboxes

The owner supplies the mailbox and the association sets the look. Each house must have a mailbox provided by the owner, kept in good working order and maintained aesthetically at all times by the owner. The Committee establishes a uniform style for mailboxes and approves the location of all of them. A newspaper receptacle may be built into the approved mailbox, but a separate newspaper box is expressly prohibited. The declaration does not print the style, so ask the association which box is current before buying one. Each house also has to have one exterior pole light, photo-electrically controlled, on from dusk to dawn, kept in good working condition by the owner, at a standard distance from the sidewalk that the Committee sets.

The Committee shall establish a given uniform style for mailboxes given the homogeneous appearance desired by this Declaration and shall approve the location of all mailboxes. Newspaper receptacles may be included as part of the approved mailbox but separate newspaper boxes are expressly prohibited.

How you can live here

Conditional

Pets

Pets are allowed with real numbers attached, which is unusual for this county. The declaration permits, in its words, up to two (2) dogs (not to exceed 80 pounds each), a reasonable number of cats, and/or other common household pets. The conditions: kept on the homesite, leashed or secured at all times, not kept or bred for any commercial purpose, and not permitted to become a neighborhood nuisance or hazard, which the declaration says includes being left unattended for extended periods and excessive barking. Pot bellied pigs are specifically excluded from counting as household pets. Pets may not be left outside the house at night. The owner is responsible for immediate clean-up of pet waste on their own lot, on all common areas, and on all streets and roadways in the subdivision, and the declaration puts that sentence in capital letters. The association decides all questions about whether a particular pet is permitted.

kept, provided that they are (a) kept on the Homesite, (b) leashed or secured at all times, (c) are not kept, bred or maintained for any commercial purposes, and (d) are not permitted to become a neighborhood nuisance or hazard in any manner, including being left unattended for extended periods or time or excessive barking. Pot bellied pigs shall not be considered “household pets” for purposes of this Declaration. Any pets of any type must be leashed and attended to at all times. Pets shall not be left outside an Owner’s Dwelling at night.
Conditional

Renting your home

Renting is allowed, with a one-year line. The declaration says, in capital letters, that no lease of any dwelling unit may be entered into for more than one year without the prior approval of the association. Shorter than that and no approval is written as required. The owner stays responsible for all assessments whoever is living there, and the tenant becomes jointly and severally liable for assessments arising during the lease or the tenant's use of the house. There is no cap on how many houses may be rented, no registration requirement and no minimum term in the document. Worth knowing: the neighbouring first phase of Villas at Waterford Commons has its own separate covenants with a two-year line rather than one, so do not read one subdivision's rule onto the other.

NO LEASES OF ANY DWELLING UNITS MAY BE ENTERED INTO FOR MORE THAN ONE (1) YEAR WITHOUT THE PRIOR APPROVAL OF THE ASSOCIATION.
Conditional

Basketball hoops

The declaration never uses the words basketball, hoop or backboard, so this is a judgment the Committee makes rather than one the document settles. What it does say is that yard structures and devices are prohibited generally, naming sandboxes, swing sets, slides, gazebos and trampolines, and giving the reason as the small lots and the association's lawn maintenance arrangements. Playground equipment is then permitted, but only after prior written Committee approval of size, type, materials and location, and any approved equipment must be fully contained inside an area surrounded by landscape edging. A pole-mounted hoop standing in the yard reads as a yard structure under that paragraph, which means the approval route is the only way in. A hoop mounted on the house or garage over the driveway is not addressed by that paragraph at all, though the architectural control paragraph requires written approval before altering the house. Either way, get the Committee's answer in writing before you buy one.

Due to the limited size of the Homesites in the Property, and due to the lawn maintenance arrangements to be fulfilled by the Association, additional above ground lawn sprinkler devices, sandboxes, swing sets, slides, gazebos, trampolines, or other yard structures or devices are expressly prohibited on any Homesite. In order to minimize the inconvenience to the maintenance responsibilities, playground equipment may be added/constructed only after prior written approval from the Committee of size, type, materials and location and any approved equipment must be fully contained inside an area surrounded by landscape edging.
Conditional

Yard signs

One sign, five square feet, and only to sell. No sign of any kind may be displayed to public view on a homesite except one sign of not more than five square feet advertising the property for sale, or a sign of reasonable dimension used by builders during the construction and sales periods. The developer reserved a separate right to put up whatever signs it wants to promote sales in the development. The home occupation paragraph is cross-referenced as a possible exception, but that paragraph itself forbids any sign or display indicating from the outside that the house is used for anything other than a residence, so it does not open a door. Political signs, contractor signs, security signs and holiday displays are not named either way, so the general ban is what to plan around.

No sign of any kind shall be displayed to the public view on any Homesite except one (1) sign of not more than five (5) square feet advertising the Property for sale, or a sign of reasonable dimension used by builders to advertise during the construction and sales periods, other than any sign permitted or contemplated per “Home Occupations” at Section 12(b) above.
Conditional

Street parking

The streets here are private and the declaration treats them that way. On-street parking on the roadways of the subdivision, Newbury Circle named specifically, is prohibited as a general rule, and the stated goal is keeping those private roadways open for getting in and out. It is then permitted on two conditions, both of which must hold: no vehicle parked for more than twelve hours in any twenty-four hour day running midnight to midnight, and no parking of any vehicle or combination of vehicles that blocks free and unimpeded access to or from the subdivision or the houses in it. Driveways must be Committee-approved, concrete unless another material is approved in writing, at least ten feet wide and matching the garage door width; stone and cinder driveways are not permitted. A separate sentence says no homesite shall be used for storage of motor vehicles, among other things. Recreational vehicles, boats, trailers and motorcycles have their own forty-eight hour rule, covered under the recreational vehicles question.

Except as herein provided, on-street parking on the roadways of the Property, to include specifically Newbury Circle, is prohibited, and it is the stated goal of the Declarant, and the duty of all Owners of Homesites, to keep such private roadways open and free for ingress and egress purposes. On-street parking on the shared roadways of the Property is permitted if (a) such parking does not involve any vehicle being so parked for more than twelve (12) hours in any twenty-four (24) hour day (midnight to midnight)
Conditional

Running a business from home

A home occupation is permitted, and every one of the conditions has to hold. The use must be conducted entirely within the house and participated in solely by a member of the immediate family living there, and it must be clearly incidental and secondary to living there without changing the character of the house. On top of that: no sign or display indicating from the outside that the building is used for anything other than a residence; no commodity sold on the lot; nobody employed other than an immediate family member living on the lot; and no mechanical or electrical equipment used. Several businesses are named as never qualifying: a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital, and any form of animal care or treatment business such as dog trimming. Note that unlike many covenants this one does not carve out electrical office equipment, so a literal reading of the no-equipment condition is strict.

No Homesite 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 Dwelling Unit and participated in solely by a member of the immediately family residing in said residence, which use is clearly incidental
Conditional

Short-term rentals (Airbnb)

The declaration never uses the words short-term, nightly, weekly or vacation rental, and names no platform. What it does is set a line at one year: no lease of a dwelling unit may be entered into for more than one year without the association's prior approval. As written, that requirement is triggered by a term longer than a year, so a shorter stay does not meet it, and no minimum term appears anywhere in the document. The use restriction still applies, because no homesite may be used for any purpose other than as a single-family residence, and the owner remains liable for assessments while any tenant is jointly and severally liable for assessments arising during their use of the house. Since the document does not address the question directly, and the association can adopt rules, get its written position before buying with a short-term rental in mind.

NO LEASES OF ANY DWELLING UNITS MAY BE ENTERED INTO FOR MORE THAN ONE (1) YEAR WITHOUT THE PRIOR APPROVAL OF THE ASSOCIATION. The Owner of the affected Homesite shall remain responsible for all Assessments, and any tenant of any such Dwelling Unit under any lease shall also, by virtue of the leasing arrangements, be jointly and severally responsible for any Assessments occurring during the tenure of such lease or the usage of the Dwelling Unit.
Not stated

Vehicle repair in the driveway

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

We can find out →
Conditional

Trash & recycling containers

The containers live indoors and go out on a clock. Trash, garbage and other waste must be kept inside sanitary containers, and loose trash bags are not permitted. All equipment for storing or disposing of it must be kept clean and sanitary and kept indoors except for pickup, and may be put outside for pickup no earlier than twelve hours before the expected pickup time. No homesite may be used as a dumping ground for rubbish. Each owner is responsible for arranging their own routine trash pickup and removal unless and until a governmental unit takes it over, so budget for a private hauler and ask the association what the neighbourhood currently uses. Garden waste is covered separately: compost piles and similar organic recycling piles are not permitted, and grass clippings may not be stored on a lot.

Trash, garbage or other waste shall not be kept except inside sanitary containers. No loose trash bags are permitted. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and kept indoors except for pickup, and outside placing for pickup shall be no earlier than twelve (12) hours from expected pickup time.
✗ Not allowed

Grilling & outdoor cooking

The fires paragraph here is as broad as they come, and it has no exception written into it. It bars fires, campfires, campfire pits, burn pits, and other types of incineration devices from functioning, operating, or being placed upon any street or roadway in the subdivision, within any homesite, or in any common area. The declaration never uses the word grill or barbecue, so it does not name the thing a buyer is asking about, but a charcoal grill is a fire placed within a homesite and the words reach it on their face. A gas grill may be a different question, since it is arguably not an incineration device, except that a second paragraph bars fuel storage tanks of any type or character from being installed underground, concealed within the house, basement or attached garage, or in any way placed upon or in any homesite, and a propane cylinder may fall inside that wording too. Both paragraphs are quoted here because this is a question worth settling with the association in writing before you move in.

No fires, campfires, campfire pits, burn pits, or other types of incineration devices shall be permitted to function, operate, or be placed upon any street or roadway on the Property, or within any Homesite or any Common Area.
✗ Not allowed

Clotheslines

Drying laundry outside is addressed directly and closed off both ways. The declaration prohibits regular or repeated hanging of laundry, rugs or other items outside the house, and separately says no permanent or temporary clotheslines or clothes drying devices shall be placed on the homesite. Because it names temporary devices as well as permanent ones, a portable rack or a retractable line is covered by the same sentence. There is no approval route and no screened-location exception written in.

No regular or repeated hanging of laundry, rugs, or other items outside a Dwelling Unit is permitted and no permanent or temporary clotheslines or clothes drying devices shall be per placed on the Homesite.
Not stated

Flags & flagpoles

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

We can find out →
Not stated

Window coverings & decorations

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

We can find out →

Where these answers come from

The documentDeclaration of Covenants and Restrictions of The Villas at Waterford Commons II, dated April 30, 2018 - the copy on file is unexecuted and carries no recorder's stamp or instrument number
Recorded asDeclaration of Covenants and Restrictions of The Villas at Waterford Commons II, dated April 30, 2018 by MA Investments, an Indiana general partnership, together with the owners of three already-sold lots - the document these answers come from. The copy on file is unexecuted: blank signature lines, blank notary blocks, no recorder's stamp, no instrument number
Plat of Villas at Waterford Commons Second, P.U.D., 7.853 acres, recorded January 5, 2017 in Plat Book 36, page 71 as Elkhart County instrument 2017-00266
Articles of Incorporation and By-Laws of The Villas at Waterford Commons II Homeowners' Association, Inc. - incorporated by reference, not present in the file
Declaration of Covenants and Restrictions of The Villas at Waterford Commons, recorded January 23, 2004 as Elkhart County instrument 2004-02490 - the neighbouring first phase, a different plat; read and ruled out, not used for any answer
Amendment to Declaration of Covenants and Restrictions of The Villas at Waterford Commons, dated October 20, 2009 and recorded as Elkhart County instrument 2009-26573 - amends the first phase only; read and ruled out
How it was readRead in full from the document's own digital text layer, taken off the file on disk rather than the shortened copy supplied for reading, which was missing about three thousand characters including most of the signature and notary pages. The recorded declaration and amendment for the neighbouring first phase of Villas at Waterford Commons were read as well, to establish that they govern different land and answer nothing here.
Checked againstEight separate listings in this neighborhood between 2022 and 2026 each attached a copy of this declaration under a different file name, and all eight copies are byte-for-byte identical, so there is one document here rather than several and no question of two versions disagreeing. Every answer above was checked back against that text word for word. The separate declaration for the neighbouring first phase, recorded in 2004 and amended in 2009, was read and set aside: it covers a different plat and a different set of lots, and where the two documents overlap in subject they differ, which is why it is named here rather than ignored.
The associationYes, and what it does and does not do is the single most important thing to understand about buying here. The Villas at Waterford Commons II Homeowners' Association, Inc. is an Indiana not-for-profit corporation and its members are the owners of the homesites, one vote per homesite. Membership is automatic when the deed is recorded. A Board of Directors runs it, and it also sits as the Architectural Control Committee, or appoints the people who do, so the body that approves a fence, a garden location or a piece of playground equipment is the same body that enforces the covenants. WHAT THE ASSOCIATION MAINTAINS. The association does the outdoor work on your lot, not just in the common areas. Specifically it is responsible for basic lawn care on the lots, including regular yard mowing and maintenance, basic landscaping maintenance, and controlling the irrigation; for snow removal on all driveways of lots, on sidewalks, and in common areas where required; and for what the declaration defines as Yard Maintenance, which it spells out as the maintenance, repair, restoration and preservation of the yards and grounds, shrubs, bushes, landscaping, trees and plantings, together with lawn sprinkling systems and devices and all other approved yard improvements on a homesite. It also maintains, repairs and replaces the common areas and handles the subdivision's stormwater obligations. Owners give the association and its designees permission to come onto the lots to do all of this, and the association sets the times and amounts of irrigation while each owner pays for their own water. WHAT IT DOES NOT MAINTAIN. Roofs, siding, windows, gutters and the exterior of the house are not mentioned anywhere in the declaration as association responsibilities. Neither are decks, patios, driveways beyond the snow removal, fences or mailboxes, each of which the declaration puts on the owner by name. In other words, this is a villa community in the lawn-and-snow sense, not in the roof-and-siding sense. Budget for your own exterior upkeep and your own routine trash pickup, which the declaration also leaves to each owner. If a seller or a listing tells you the exteriors are covered, ask to see where it says so, because this document does not. WHAT IT COSTS. Two kinds of assessment are authorized: regular assessments out of an annual budget, and special assessments the Board can impose by resolution for unusual or extraordinary expenses, without a meeting or a vote of the owners. No assessment is imposed on a lot until it has a house on it and is occupied, and the developer's own unsold or temporarily occupied houses are exempt while it is actively marketing them. Unpaid assessments carry interest at the Indiana maximum consumer-loan rate, and the Board may accelerate the balance and record a notice of lien that has the force of a mortgage lien, including attorney's fees, title expenses and costs of collection. A delinquent member may not vote while the payment is outstanding. The association may also provide extra, specialized services to a lot for a separate fee the Board sets. The document names no dollar figure, which is expected in a declaration, so ask the association for the current regular assessment, what it includes, and whether any special assessment is pending. Given that mowing, landscaping and snow removal all come out of it, expect this assessment to be substantially larger than a plain single-family subdivision's. WHO ENFORCES IT AND WHAT HAPPENS ON A VIOLATION. Enforcement rights sit with the association, the developer, and every individual homesite owner, any of whom may sue for an injunction, for damages, or to have an offending improvement removed by due process. If the association or the developer hires a lawyer to enforce the covenants, the costs including reasonable attorney's fees and the expense of removing or altering whatever violates the document are charged to the owner it was brought against, and they become a special assessment on that lot enforceable like any other assessment. The declaration sets no fine schedule and gives no warning procedure, so there is no stated step between a violation and a lawsuit; ask the association whether it has adopted rules that add one. Failing to enforce a rule once is expressly not a waiver of the right to enforce it later. CONTROL IS STILL WITH THE DEVELOPER ON THE FACE OF THIS DOCUMENT. No member other than the developer has any right to vote until a turnover, defined as the first of three events: the recording of a written turnover of control, the date the developer no longer owns any homesite, or December 31, 2028. Until then the developer appoints the whole Board, sets the annual budget alone, and reserves a broad power to amend or even waive the covenants acting alone, including a power to add or remove land. That may well have already happened; the copy of the declaration on file cannot tell you. Ask the association, in writing, whether turnover has occurred and whether any amendment has been recorded. After turnover, amendments take sixty-seven per cent of all owners entitled to vote, not sixty-seven per cent of those who show up, and must be recorded to take effect. The covenants run until May 1, 2038 and then renew automatically for successive ten-year periods unless owners of at least sixty-seven per cent of the homesites agree to change them.

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