Section 1.01. “Architectural Review Committee” shall mean the committee of Owners

appointed by the Board to perform architectural control responsibilities as set forth in Article VI

of the Covenants.

Section 1.02. “Architectural Review Application” shall mean a request submitted by an

Owner to constructed, commenced, erected, maintained, changed, or altered a dwelling, building,

addition, or other structure, including but not limited to decks, fences, walls, in-ground swimming

pools, docks, piers, gazebos, pergola, swing sets, gym sets, sandboxes, on a Lot and shall including

plans and specifications showing the nature, kind, shape, height, materials, color, and location of

the same.

Section 1.03. “Assessment” or “Assessments” shall mean any Association dues, whether

annual or more frequently than annual, charged to each Lot Owner by the Association for the

purposes permitted under these Covenants, including but not necessarily limited to maintenance

fees for common expenses, emergency and/or special assessments, fees, fines, or expense

reimbursement obligations.

Section 1.04. “Association” shall mean and refer to Windsor Woods Association, Inc., an

Indiana not-for-profit corporation, its successors and assigns, formed as the unified Association

for all Sections of Windsor Woods.

Section 1.05. “Board” shall mean the Board of Directors of Windsor Woods Association,

Inc.

Section 1.06. “Bylaws” shall mean the Bylaws initially adopted by Windsor Woods

Association, Inc, Inc. and all amendments, restatements, and additions.

Section 1.07. “Common Area” shall mean all real property owned by the Association as

identified on the Plats for the common use and enjoyment of the Owners.

Section 1.08. “Covenants” shall mean this Amendment to Dedication, Protective

Restrictions, Covenants, Limitations, Easements and Approvals Appended to as Part of the

Dedication and Plat of Windsor Woods Sections I, II, III, IV, V, VI, and VII, for Windsor Woods

Sections I, II, III, IV, V, VI, and VII.

Section 1.09. The term “Dwelling” shall be synonymous with the term “Residence”

defined below.

Section 1.10. “Lot” shall mean any type of Lot as has been or may be platted or any tract

or tracts of land as conveyed originally or by subsequent Owners as set forth on the Plats.

Section 1.11. “Owner” shall mean and refer to the record owner of fee simple title to a

Lot, whether one or more persons or entities, including contract sellers, but excluding those having

an interest merely as security for the performance of an obligation.

Section 1.12. “Plan Commission” shall refer to, collectively, the Allen County Plan

Commission, the Fort Wayne Plan Commission, and any successor agencies.

Section 1.13. “Plat” or “Plats” shall collectively mean the originally recorded plats of

Windsor Woods Section I, recorded as Document Number 790019478 in Book 42, Page 135-139;

Windsor Woods Section II, recorded as Document Number 860008030 in Book 47, Page 91-93;

Windsor Woods Section III, recorded as Document Number 870015431 in Book 48, Page 173-

176; Windsor Woods Section IV, recorded as Document Number 880042131 in Plat Cabinet A,

Page 106; Windsor Woods Section V, recorded as Document Number 920046179 in Plat Cabinet

B, Page 106; Windsor Woods Section VI, recorded as Document Number 960024867 in Plat

Cabinet C, Page 99; and Windsor Woods Section VII, recorded as Document Number 990076892

in Plat Cabinet E, Page 58, all in the Office of the Recorder of Allen County, Indiana. The Plats

for Section I, II, III, IV, V, VI, and VII may also be referred to collectively as “Windsor Woods”

The term “Plat” or “Plats” is synonymous with, and shall be used interchangeably with, the term

“Subdivision.”

Section 1.14. “Property” shall be used interchangeably with the term “Lot” and shall

mean any type of Lot as has been or may be platted or any tract or tracts of land as conveyed

originally or by subsequent Owners as set forth on the Plats.

Section 1.15. “Residence” shall mean and refer to the single-family residential structure

and related improvements constructed and located upon a Lot, including the attached garage and

any appurtenances. The term “Residence” is synonymous with, and shall be used interchangeably

with the term “Dwelling” as used in these Covenants.

Section 1.16. “Restrictions” shall mean and refer to the limitations imposed on the Lots

and the Owner thereof by these Covenants.

Section 1.17. “Subdivision” shall be synonymous with the term “Plat” defined above.

Section 2.01. Owners’ Easements of Enjoyment. Every Owner shall have a right and

easement of enjoyment in and to his or her own Lot and to the Common Area.

Section 2.02. Common Area. The Association Common Area consists of the areas

designated as common area on the Plats and any other property owned by the Association in its

name for the purpose of the use and enjoyment of the property by the members.

(a) The Association shall possess an affirmative right to dedicate and transfer

all or any part of the Common Area to any public agency, authority, or

utility for public purposes and subject to such conditions as may be

approved by affirmative vote of the Board.

(b) The Association shall possess an affirmative right to expand the

Association’s Common Area if property adjacent to the Subdivision comes

into the possession of the Association or is offered to the Association upon

affirmative vote of more than sixty-six percent (66%) of the Owners.

Any bodies of water located within the Subdivision expressly reserved as private lakes for the sole

and exclusive enjoyment of the Owners of the Lots in the Subdivision and their expressly invited

guests. All Owners of a Lot and their expressly invited guests are granted the use and benefit of

the lake area and ponds as may be at any time owned by the Association, subject to such reasonable

restrictions, rules, and regulations as may be imposed thereon by the Association.

Access to and use of the Common Areas shall be in accordance with the rules and regulations set

by the Board, which may be changes from time to time without amendments to these Covenants,

except that the following rules and regulations require amendment of the Covenants in accordance

with Section 10.01(b),

(a) (b) Motorized vehicles and motorized boats, except maintenance equipment authorized by the Board, are prohibited in the Common Areas, including but not limited to lakes, ponds, and sidewalks.

Dumping of refuse, debris, trash, grass clipping, or garbage in Common Areas is prohibited. Burning of leaves is prohibited in Common Areas.

Section 3.01. Maintenance of Common Area, Association Governance. In addition to other rights, obligations and duties imposed on the Association elsewhere in the Covenants, the Association shall perform the following:

(a) The Association shall have responsibility and authority to undertake reasonable and necessary maintenance and repair of the Common Areas in the Subdivision. The Association may, at its discretion, provide for snow and ice removal on the public streets within the Subdivision. The terms of such snow and ice removal, if undertaken, shall be set by the Board.

(b) The Board shall have responsibility and authority to oversee and administer the Association. Such responsibility shall include holding periodic meetings, collection of Assessments, communication to residents, contractors and others, and similar administrative duties.

(c) The Association may enter into contracts to carry out its responsibilities and shall have power to pay taxes and other charges on land and other property owned by it from time to time.

(d) Records shall be kept by the Board of action taken by the Association, including contracts entered into and expenses incurred.

Section 4.01. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to Assessment.

Section 4.02. Voting Rights. The Owners of each Lot in the Subdivision shall be deemed to be a member of the Association and all Owners of each Lot shall be entitled to one (1) vote for each whole Lot owned by them. The method of voting shall be determined by the relevant provisions of the Association’s Bylaws.

Section 5.01. Purpose of Assessments. There shall be imposed on the Owner of each and every Lot in the Plat, an annual maintenance fee for the payment of “common expenses” as defined in I.C. § 32-28-14-1, as may be amended, or as defined in subsequent law if I.C. § 32-28-14-1 has been repealed, including snow removal on the public streets within the Subdivision and any uses set forth in Section 5.04 below.

Section 5.02. Amount of Assessment. The current Assessment for each Lot is Two Hundred and Fifty Dollars ($250.00) per year. The amount of the Owner’s Assessment shall be set by the Board prior to the end of the preceding calendar year. If the Board determines that an increase in the amount of the Assessment, the following procedures shall apply:

(a) For increases of ten percent (10%) or less from the amount of the previous year’s Assessment, the Board shall notify the Owners by posting the proposed Assessment on the Association’s website at https://windsorwoodsfw.com. The proposed Assessment shall become effective unless a majority of the Owners object to the proposed Assessment, in writing, within fourteen (14) days of the posting of the proposed Assessment.

(b) For increases of more than ten percent (10%) from the amount of the previous year’s Assessment, the proposed Assessment needs to be approved by a majority of the Owners present and voting, either in person or by proxy, at a meeting called specifically for the purpose of increasing the amount of the Assessment.

Section 5.03. Creation of the Lien and Personal Obligation of the Owner.

(a) Each member agrees to pay to the Association the Owner’s Assessments chargeable to each Lot and payable to the Association each year on or before a date set by the Board. The Board shall give the Owners at least thirty (30) days notice of when the Assessment shall be due. An Assessment shall be a charge on the land, and shall be a continuing lien upon each Lot against which each such Assessment is made.

(b) For any Assessment that is not paid within thirty (30) days from the date that it is due, a late charge of Twenty-Five Dollars ($25.00) will be added to the Assessment for each month thereafter that the Assessment remains unpaid.

(c) The Association’s lien for any Assessment that is owed and remains unpaid may be perfected by filing a Notice of Intention to Hold Lien in the office of the Recorder of Allen County, Indiana.

(d) The lien for any Assessment may be foreclosed as in any lien under Indiana law thirty (30) days after notice of non-payment to the Owner by the Association.

(e) The lien may be foreclosed by the Association according to I.C. § 32-28-14-1, et seq., or, if I.C. § 32-28-14-1, et seq. is repealed, then the lien may be foreclosed by the Association according to the foreclosure law that applies at the time that the foreclosure is sought.

(f) A grantee of a Lot in a conveyance is jointly and severally liable with the grantor Owner for all unpaid Assessments against the grantor Owner incurred before the conveyance of the Lot, without prejudice to the grantee’s right to recover from the grantor Owner the amounts of Assessments paid by the grantee provided that the Notice of Intention to Hold Lien securing said Assessments was recorded prior to the date of such conveyance. The grantee is entitled to a statement from the Association that sets forth the amount of the unpaid Assessments owing by the grantor Owner.

(g) Any Assessment that is owed to the Association is also a personal obligation of the Owner. In addition to the lien and foreclosure provisions stated above, the Association has the authority to collect the overdue Assessments from the Owner as other obligations are collected by law.

Section 5.04. Fines for Violations. In addition to the enforcement remedies in Article X, and in the event that an Owner, with actual or implied knowledge, violates the Covenants, the Board has the option, after providing notice, to levy a fine of Seventy-Five Dollars ($75) per violation. Before any such fine may be levied, however, notice of such violation and fine amount must be provided in writing to the Owner, and such notice shall be postmarked at least ten (10) days prior to the stated compliance deadline. If the Owner alleviates the violation to the Board’s satisfaction before the compliance deadline, then no fine will be assessed. If the violation results in a fine and the violation is not eliminated within fourteen (14) days of when the initial fine is levied, then the Board has the right to levy a subsequent fine of up to Seventy-Five Dollars ($75) per violation, using the same notice process that was used for the initial fine. This process may continue until the violation has been eliminated. Fines that are unpaid as of the due date in the notice shall be subject to the accrual of interest and the collection mechanisms, as are unpaid assessments, as stated in these Covenants. The Board need not pursue the fine remedy as a prerequisite to the enforcement remedies in Article X.

Section 5.05. Use of Assessments. The Assessment levied by the Association, in addition to “common expenses” referred to in Section 5.01 above, shall be used for Association-related items, including the care, preservation, supervision, improvement and maintenance and the operation by the Association of the Common Areas. Association Assessments may be used by the Association for any Association-related item, including but not limited to: (1) the payment of taxes and insurance in connection therewith; (2) the repair, replacement and making additions thereto; (3) the payment of costs of labor and equipment and materials required, and management, supervision, maintenance and repair; and (4) various administrative costs of the Association (such as website development and maintenance, postage costs and other administrative expenses). The assessment levied by the Association may also be used for resident social activities and other community purposes as the Board may determine. Although the streets are public rights of way and not Common Areas, funds may also be used by the Association to provide for snow and ice removal on public streets within the Subdivision. Any funds not expended by the Board during the fiscal year in which the Assessments are collected shall be retained by the Association as surplus funds held for the benefit of the Association in the event that Assessments collected in a subsequent year is insufficient to cover necessary Association expenses. Such surplus funds shall be maintained for the purpose of reducing the likelihood that a special assessment (as described in Section 5.05 below) will be required.

Section 5.06. Special Assessments for Necessary Unplanned Expenses. As an additional Assessment, the Association may levy, in any Assessment year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or in the Recreational Facilities, including fixtures and personal property related thereto. Any special assessment requires an affirmative vote of at least sixty-six percent (66%) of all of the Owners at a meeting called by the Board for the purpose of imposing a special assessment. A special assessment may, at the Association Board’s determination, be spread over a period of two (2) or more years in order to reduce the immediate cost to the members of the Association. A special assessment (or any portion thereof) that is charged to Owners shall be paid within forty-five (45) days of the date on which the notice of such special assessments assessment is received by the Owner. A special assessment, like all Assessments, is subject to the payment, lien, personal obligation, and collection provisions of this Article V.

Section 5.07. Uniform Rate of Assessment. All Assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or monthly basis, as the Board determines.

Section 5.08. Subordination of the Lien to Mortgages. The lien for the Assessments provided for in these Covenants shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu of foreclosure, shall extinguish the Assessment lien as to payments which became due prior to the foreclosure sale or in lieu transfer. No sale or transfer shall extinguish the lien or relieve the Owner from liability for Assessments that become due after the foreclosure sale or in lieu transfer.

Section 6.01. Delegation of Architectural Review. The Board, at its discretion, may delegate its responsibilities under this Article VI to an Architectural Review Committee established in accordance with the terms of the Association’s Amended and Restated Bylaws.

Section 6.02. Approval Required. No Dwelling, building, addition, or other structure, including but not limited to attached garages, porches, decks, fences, walls, in-ground swimming pools, docks, piers, gazebos and pergola, permitted by these Covenants shall be constructed, commenced, erected, maintained, changed, or altered on any Lot nor shall any exterior addition to or change or alternation therein be made until an Architectural Review Application, including plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same, has been submitted to and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by the Architectural Review Committee.

Section 6.03. Architectural Review Guidelines. The Board may enact architectural guidelines further defining the nature, kind, shape, height, materials, color, and location for constructing, commencing, erecting, maintaining, changing, or altering dwellings, buildings, additions, and structures under Section 6.02. Any guidelines enacted by the Board shall be considered part of the Covenants and binding upon the Owners of the Association.

Section 6.04. Architectural Review Application Process. An Architectural Review Application will be deemed submitted to the Architectural Review Committee upon either (1) written confirmation by the Architectural Review Committee that they have received the plans and specifications or (2) the plans and specifications are sent to the Architectural Review Committee by certified mail, return receipt requested. The failure of the Architectural Review Committee to respond to an Architectural Review Application that it has received within thirty (30) days after receipt shall serve as a waiver of plan denial. Any approved Architectural Review Application shall remain valid as long as the project is commenced within one hundred and eighty days (180) of the approval date. If the project is not commenced within one hundred and eighty days (180) of the approval date, the Owner will need to submit a new Architectural Review Application for review and approval.

Section 6.05. Non-Liability of Board or Committee Members. Neither the Architectural Review Committee or the Board, nor any member thereof, nor any of their respective heirs, personal representatives, successors or assigns, shall be personally or otherwise liable to anyone by reason of any mistake in judgment, negligence, or nonfeasance arising out of or relating to the approval or disapproval or failure to approve any plans submitted for review, nor shall they, or any of them, be responsible or liable for any structural defects in or drainage problems resulting from, any building or structure erected according to such plans. Every person and entity who submits plans to the Architectural Review Committee agrees, by submission of such plans, that he will not bring any action or suit against the Architectural Review Committee to recover any damages or to require the Architectural Review Committee to recover any damages, or to require the Architectural Review Committee to take, or refrain from taking, any action whatever in regard to such plans or any building or structure erected in accordance with the plans. Neither the submission of any complete sets of plans to the Architectural Review Committee for its review, nor the approval by the Architectural Review Committee, shall be deemed to guarantee or require the actual construction of the building of the proposed structure, and no adjacent Lot Owner may claim any reliance upon the submission and/or approval of any such plans or the buildings or structures described in the plans. Any and all decisions of the Architectural Review Committee are binding, final and conclusive. Additionally, the Architectural Review Committee is authorized and permitted to delegate its powers to third-parties, as the Architectural Review Committee deems necessary, so long as the third-parties are first determined to be acceptable by or actual formed through the Board.

Section 6.06. Minimum Square Footage. For a Dwelling in Sections I, II, III, IV, or V the following requirements for dwelling size shall apply:

No building shall be built on any lot having a ground floor area upon the foundation, exclusive of one-story open porches, breezeway or garage, of less than 1300 square feet for a one-story dwelling, nor less than 900 square feet for a dwelling of more than one story.

For a Dwelling in Sections VI or VII, the following requirements for dwelling size shall apply:

No dwelling shall be permitted unless it meets or exceeds the following minimum floor areas in square feet, exclusive of open porches, breezeways, or garages, as follows:

Lots 195-218, inclusive, and Lots 243-252, inclusive, and Lot 253 and Lot 254 and Lots 302-320, inclusive:

One story 1300

1 ½ story 1600

2 story 1800

Lots 219-228, inclusive, and Lots 255-262 inclusive, and Lots 278-293 inclusive, and Lot 300 and Lot 301:

One story 1350

1 ½ story 1700

2 story 1850

Lots 229-242, inclusive, and Lots 263-277, inclusive, and Lots 294-299, inclusive:

One story 1400

1 ½ story 1750

2 story 2000

Section 6.07. Building Location. No Dwelling, structure, or building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback shown on the recorded Plat. In any event, no Dwelling, structure, or building shall be located nearer than a distance of seven (7) feet to an interior Lot or nearer than twenty-five (25) feet to the rear Lot Line.

Section 6.08. Minimum Lot Size. No Dwelling shall be erected or placed on any Lot having a width less than Seventy (70) feet at the minimum building setback line, nor shall any Dwelling be erected or placed on any Lot having an area of less than 7,500 square feet.

Section 6.09. Exterior Finishes. The exterior of all Dwellings shall be maintained in good condition and in a manner generally consistent with the character of the Subdivision. Owners may repair, repaint, stain, or replace existing exterior materials with substantially similar materials, colors, or finishes without Architectural Review Committee approval. Any significant change to exterior materials, finishes, siding, trim, brick, stone, paint, stain, or color that deviates from the existing appearance of the Dwelling shall require prior approval from the Architectural Review Committee in accordance with Section 6.02. In reviewing such requests, the Architectural Review Committee may consider the material, appearance, color, quality, compatibility with the Dwelling, and harmony with surrounding homes within the Subdivision.

Section 6.10. Roofing Material. High-quality asphalt shingles and metal roofing are permitted within the Subdivision. Replacement of existing roofing materials with substantially similar materials shall not require Architectural Review Committee approval. Installation of a different roofing material, including conversion from asphalt shingles to metal roofing, or any significant change in roof color or appearance, shall require prior approval from the Architectural Review Committee in accordance with Section 6.02. No roll roofing shall be permitted on any Dwelling, attachment, or structure.

Section 6.11. Fencing and Walls. All fences and walls require prior approval from the Architectural Review Committee in accordance with Section 6.02. Common fence materials may include wood, vinyl, aluminum, composite materials, or similar materials approved by the Architectural Review Committee. Chain link fences are prohibited. All fences and walls shall be maintained in good condition. The Board may adopt additional standards regarding fence and wall design, materials, height, location, color, and appearance through the Architectural Review Manual.

Section 6.12. Swimming Pools. No above ground swimming or wading pools of more than six (6) feet in diameter and eighteen (18) inches deep shall be placed or maintained on any Lot. Hot tubs or Jacuzzis may be permitted with prior written consent from the Architectural Review Committee.

Section 6.13. Driveways. All driveways from the street to the garage shall be poured concrete not less than sixteen (16) feet in width.

Section 6.14. Sidewalks. Except for common area sidewalks, which shall be the responsibility of the Association, installation of all other sidewalks shall be the obligation of the Owner of any such Lot and shall be completed in accordance with said plans and specifications.

Section 7.01. Use. All Lots in the Subdivision shall be used only for single-family

residential purposes. No more than one single-family Dwelling, together with any approved

structures that are used solely in connection with such residential use and not in violation of the

other provisions of these restrictions, shall be constructed or maintained on a Lot.

Section 7.02. Subdivision of Lots. No Lot may be subdivided for any reason unless first

approved by both the Board and by the Plan Commission.

Section 7.03. Lakes and Ponds. The retention ponds located in the Subdivision are for

the enjoyment of the Residents. Fishing is permitted at the risk of the participant. Swimming or

wading or boating is not permitted. The approved activities are only for the Residents and guests

accompanying a Resident. No alteration, including but not limited to steps, retaining walls, piers,

docks, etc., shall be made to a lake/pond.

Section 7.04. Nuisance. No noxious or offensive activity shall be carried on upon any

Lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the

neighborhood. Lawful gatherings of people on Lots shall be permitted on an infrequent basis,

provided that noise, parking of vehicles and other disruptions associated with the gathering do not

rise to the level of becoming a significant nuisance to the neighborhood.

Section 7.05. Burning of Materials. The burning of papers, grass, brush, leaves, rubbish,

or any other materials shall not be allowed and shall be considered offensive or illegal activity for

the purposes of Article VII. No incinerators or outside incinerators shall be kept or allowed on

any Lot. Notwithstanding the foregoing, fire pits may be used for burning wood if properly

constructed for such activity and in compliance with the Fort Wayne City Code. Residents are

permitted to install and use free-standing fire pits for the burning of wood without approval from

the Architectural Review Committee if the fire pit is in compliance with the Fort Wayne City Code.

Section 7.0.6 Outdoor Furnaces. Outdoor furnaces are not permitted.

Section 7.07. Temporary Structures and Out-Building. No detached outbuildings,

storage buildings, sheds, garages, barns, or similar accessory structures shall be permitted on any

Lot. Tents, canopies, and similar temporary structures may be used on a temporary basis only and

shall not be maintained or used as long-term or permanent structures.

Section 7.08. Storage of Equipment, Vehicles and Watercraft. No boat, boat trailer,

recreational vehicle, motor home, camper, or other wheeled recreational vehicle shall be parked or

stored on any street within the Subdivision for more than forty-eight (48) consecutive hours. No

inoperable or unregistered vehicle shall be stored on any Lot except within a fully enclosed garage.

No vehicle equipped with dump beds, flatbeds, stake beds, box bodies, or similar commercial-style

modifications, or with permanently mounted equipment such as large toolboxes, ladder racks, or

material racks extending above the cab, shall be parked on any street within the Subdivision for

more than forty-eight (48) consecutive hours. This restriction shall not apply to pickup trucks,

cargo vans, or other light-duty work vehicles with a gross vehicle weight rating (GVWR) of 14,000

pounds or less that are regularly used as a personal or work vehicle by a resident and are parked

on the resident's Lot. Construction vehicles and equipment, dumpsters, portable storage containers,

and similar equipment actively being used in connection with construction, remodeling, repairs,

or moving into or out of a Residence shall be exempt from the forty-eight (48) hour limitation only

for the period during which the work or move is actively in progress and shall be removed within

a reasonable time after completion of the work or move.

Section 7.09. Clotheslines, Poles, and Basketball Goals. No clotheslines or clothes poles,

or any other free-standing, semi-permanent or permanent pole, rigs or devices, regardless of

purpose, shall be constructed, erected, located, or used on any Lot, except that with prior written

Architectural Review Committee approval (1) a pole for displaying the flag of the United States

of America is permitted and (2) basketball goals on freestanding poles (portable or nonportable)

shall be permitted. Basketball goals attached to the Dwelling or garage shall not be permitted.

(d) Section 7.10. Signs. No sign of any kind shall be displayed to the public view on any Lot

except for the following:

(a) One (1) sign advertising the Property for sale.

(b) Signs promoting involvement of an Owner’s youth in extra-curricular activities.

(c) Signs promoting a contractor completing on-site work of note displayed for thirty

(30) days or less.

In accordance with I.C. § 32-21-13-1 et. seq., as may be amended from time-to-

time, an Owner may display on his or her Property a maximum of two (2) signs

advocating the election or defeat of one (1) or more candidates for nomination or

election to public office or in support for or opposition to a political party, a political

party’s candidates, or the approval or disapproval of a public question.

(e) One (1) sign that is celebratory in nature.

No signs may be posted in the Common Area without the express written permission of the Board.

The Board may require the removal of signs that are deemed to be objectionable or that otherwise

do not comply with the Covenants.

Section 7.11. Solar Panels. Subject to I.C. § 32-25.5-3.5-1 et seq., as may be amended

from time to time, and unless superseded by Federal or Indiana law, attached or detached solar

panels shall be permitted on any Lot, subject to an Owner’s approval from the Architectural

Review Committee under Section 6.02 prior to installing.

Section 7.12. Wind Turbines. Unless superseded by Federal or Indiana law, an Owner

cannot install, have installed, or maintain a wind energy conversion system on any Lot in the

Subdivision.

Section 7.13. Refuse Disposal and Trash Bins. No Lot shall be used or maintained as a

dumping ground for rubbish, trash, garbage or other refuse or debris and the same shall not be kept

except in sanitary containers while awaiting removal from the Lot. All equipment for storage or

disposal of such material shall be kept in a clean and sanitary condition and shall either be located

within the Dwelling or garage or shall be fully screened from public view by an appropriate fence

or screen approved by the Architectural Review Committee. Any equipment for storage or

disposal of rubbish, trash, garbage or other refuse or debris that is placed at the curb for pick-up

must be placed back in the Dwelling, garage, or screened area within twenty-four (24) hours of

pick-up.

Section 7.14. Mailboxes and Mailbox Maintenance. The Association is responsible for

maintaining the mailbox associated with the Owner’s Lot and the mailbox stands for the

mailboxes.

Section 7.15. Antennas and Satellite Dish Receivers. Unless superseded by Federal or

Indiana law, no exterior aerial radio or television antenna, other than a single television antenna

with dimensions not exceeding two (2) feet by three (3) feet placed on the backside of the house

and not visible from the street, shall be permitted in the Subdivision, whether such antenna is

attached to a Residence or is free-standing. Small satellite dish receivers having a diameter of

39.37 inches or less will be permitted, but only if the receiver is attached to the Residence and is

positioned in a location that is generally screened from public view.

Section 7.16. Storage Tanks. All fuel storage tanks shall either be placed underground or

concealed within the house or garage.

Section 7.17. Oil Drilling, Oil Development. No oil drilling, oil development operations,

oil refining, quarrying, mining operations of any kind shall be permitted upon or in any Lot. No

derrick or other structure designed for the use in boring for oil or natural gas shall be erected,

maintained, or permitted upon any Lot.

Section 7.18. Hunting. No hunting of any kind shall be allowed in the Subdivision.

Section 7.19. Animals. No animals, livestock or poultry of any kind shall be raised, bred,

or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they

are not kept, bred, or maintained for commercial purposes.

Section 7.20. Property Standards. The Board may adopt, amend, and enforce Property

standards governing maintenance, appearance, and use of Lots, so long as the Property standards

do not conflict with any provision of the Covenants. The Board may enforce the Property standards

as set forth in Articles V and X of the Covenants. All Lots must be maintained in a clean, safe, and

well-kept condition and in accordance with any Property standards adopted by the Board.

Section 7.21. Compliance with Zoning Laws and Other Laws. In addition to complying

with these Covenants, the use and condition of all Lots, Residences and Common Areas must

comply at all times with all applicable zoning laws, building codes, property maintenance codes

and with all other applicable laws and regulations.

Section 8.01. Purpose. The purpose of this Article is to preserve Windsor Woods as a

predominantly owner-occupied community while protecting the rights of current homeowners and

limiting future investor-owned rental properties.

Section 8.02. Grandfathering of Current Owners. Any Owner who owns a Residence on

the date these Covenants are recorded may lease or rent that Residence at any time while they

retain ownership or beneficial ownership of the Residence.

The grandfathered right:

• Remains with the Owner for as long as the same Owner retains ownership or beneficial

ownership of the Residence;

• Is not affected by a transfer of title to a revocable or irrevocable trust or a limited liability

company in which the only members are the Owner and/or the Owner’s spouse, or both,

provided the same Owner retains beneficial ownership and control of the Residence; and

• Ends automatically upon the sale or transfer of beneficial ownership of the Residence to

any other person or entity and does not transfer to any future Owner.

Section 8.03. Future Owners. Any person or entity acquiring ownership of a Residence

after the recording of these Covenants shall not lease or rent the Residence. Nothing in this Article

prohibits an Owner from allowing family members, guests, or roommates to reside in the

Residence while the Owner also resides in the Residence.

Section 8.04. Short Term Rentals. Short-term rentals, including Airbnb, VRBO, vacation

rentals, transient rentals, and similar arrangements, are prohibited for all Residences, including

those owned by grandfathered Owners.

Section 8.05. Owner Responsibility. Owners are responsible for ensuring that all tenants,

occupants, guests, and invitees comply with these Covenants.

Section 8.06. Enforcement. Any lease or rental in violation of this Article shall constitute

a violation of these Covenants and shall be subject to the Association's enforcement procedures.

Section 9.01. Flood Protection Grades. In order to minimize potential damages from surface water, flood protection grades are established at 847.6 feet for Lots 83 and 84, 847.8 feet for Lot 85 through and inclusive of Lot 88, 847.6 feet for Lots 89 and 90, 847.5 feet for Lot 91, 847.3 feet for Lot 92 through and inclusive of Lot 95, 848.0 feet for Lot 100 through and inclusive of Lot 109, 848.5 feet for Lot 128 through and inclusive of Lot 132, 849.2 feet for Lot 141 through and inclusive of Lot 143, 849.2 feet for Lot 144 through and inclusive of Lot 151, 849.5 feet for Lot 187 through and inclusive of Lot 194, 856.5 feet for Lot 272 through and inclusive of 276 and Lot 278 through and inclusive of Lot 282 and Lot 284 through and inclusive of Lot 293 and Lot 295, 856.3 feet for Lots 271 and 296, 855.7 feet for Lots 297 and 298, and 854.5 feet for Lot 299. All grades are established based on Mean Sea Level. All Residences on such Lots shall be constructed so that the minimum elevation of a first floor or the minimal sill elevation of any opening below the first floor equals or exceeds the applicable minimum floor protection grade established in this Section.

Section 9.02. Platted Utility Easements. All Lots in the Subdivision shall be subject to the easements indicated upon the recorded Plat, which may be used, subject to the provisions of Article IX, for the installation, construction, maintenance, operation, servicing, repair, removal and replacement of (i) poles, wires and conduits, and the necessary and proper attachments in connection therewith, for the transmission of electricity for light, power, telephone, radio and television and other purposes, (ii) surface and storm water sewers and drains, (iii) sanitary sewers, (iv) pipe lines for supplying gas, water and heat, and (v) for any other municipal, public or quasi-public utility.

Any municipal, public or quasi-public utility engaged in supplying one or more of the above utility services shall have the right to enter upon the strips of land subject to said easements for any purpose for which said easements may be used. All structures, shrubbery, trees, and other installations located within said easements shall be subject to the paramount right of each such utility to use said easements as provided herein and the removal of any obstruction by any utility shall in no way obligate the utility in damages or to restore the obstruction.

Section 9.03. Utility Easements in Streets. Utility easements in all platted streets are reserved for use, subject to the provisions of Section 9.04 below, by municipal, public and quasi-public utilities, for the installation, construction, maintenance, operation, servicing, repair, removal and replacement of utility plant, subject to reasonable regulation by any governmental body having jurisdiction of the streets and subject to the obligation of any such utility which installs plant in any street to repair and return the payment of such street to at least as good a condition as existed prior to such work.

Section 9.04. Prohibition of Overhead Utility Facilities. All utility wires, cables, conduits, pipes, and other facilities within the Subdivision shall be located underground within the utility easements provided hereby, except that:

(a) Poles and overhead facilities may be used to the extent reasonably necessary at those places where distribution facilities enter and leave the Subdivision, and

(b) Housing, pedestals and other facilities may be above the surface of the ground to the extent permitted by this Article IX and to the extent otherwise necessary for installation and operation of the utility service, but shall be constructed and maintained at as low a height and in as inconspicuous a manner as is practicable

Section 9.05. Utility Service Entrances. All utility service entrances running from any utility plant within a platted or dedicated easement, or a street to any structure on a Lot shall be located underground, except for such housings, pedestals, or other facilities as may be appropriate or necessary for connecting, servicing and maintenance of such utility service entrance. Such housings, pedestals and other facilities shall be constructed and maintained at as low a height and in as inconspicuous a manner as is practicable. Each Owner shall, at the time of the installation of any such service entrance, furnish to the utility, for its records, a drawing or other description accurately showing the location underground for the service entrance from the easement or street to the Owner’s structure. Each utility having plant in any easement or street shall have control over the installation of all connections to its plant for service entrance serving Lots. Each such installation shall be left open for inspection and approval by the utility.

Section 9.06. Small Cell VZW. Unless superseded by Federal or Indiana law, no Small Cell VZW or other short range mobile cell tower shall be installed above ground on any Lot, Common Area, within any public street right-of way, or within any utility easement in the Subdivision.

Section 9.07. Water and Sewer System. Water lines and Sewers on Lots in the Subdivision shall be connected to the water system and/or the sanitary sewage system according to the plans and specifications on file with the Plan Commission. No individual sanitary sewage disposal or water supply system shall be constructed, used, or maintained on any Lot. All rain and storm water runoff, other surface water, and water accumulated shall be discharged only into the storm water sewer system or discharged into the lake are and shall not at any time be discharged or permitted to flow into the sanitary sewer system. Geothermal systems harvesting energy from or disposing water into any pond or lake in the Subdivision is not permitted.

Section 9.08. Surface Drainage Easements. Surface drainage easements and Common Areas as shown on the Plat are intended for drainage purposes for either periodic or occasional use as conductors for the flow of surface water runoff to a suitable outlet, and the land surface shall be constructed and maintained so as to achieve this intention. Such easements shall be maintained in an unobstructed condition and the County Surveyor or a proper public authority having jurisdiction over storm drainage shall have the right to determine if any obstruction exists and to repair and maintain, or to require such repair and maintenance as should be reasonably necessary to keep the conductors unobstructed.

Section 10.01. Duration and Amendment.

(a) The protections, obligations, restrictions and limitations set forth in these Covenants shall be construed as and shall be covenants running with the land and shall be binding upon all Owners of any Lot or real property within the Subdivision and all persons claiming under them; and except as provided in subparagraph (b) below, shall continue in existence for a period of twenty-five (25) years from the date of recording hereof and thereafter shall be automatically extended for successive periods of ten (10) years each; provided, however, that nothing contained in this Section 10.01 shall limit or alter in any way whatsoever any right, statutory or otherwise, to vacate the Plat or any portion thereof.

(b) These Covenants may be amended, replaced, or changed upon the approval of: (1) the Association Board and (2) sixty-six percent (66%) of the Owners of the Lots in the Subdivision. Board approval of the Covenant changes may be obtained through a motion or resolution that is properly presented and voted upon during any regular Board meeting. Such approval shall be documented in the minutes of such meeting. Owner approval of the Covenant changes may be obtained through a signed petition in which the Owners indicate their respective approval or disapproval of the proposed Covenant changes. The individual who signs the petition as the Owner verifies that he or she has authority to sign the petition as the Owner, as the Board will rely on this representation when verifying to the County Recorder that the signatures collected on the Covenant change petitions are valid. The provisions of any amendment shall become effective upon the recording of a copy of the agreement making such amendment in the Office of the Recorder of Allen County, Indiana.

Section 10.02. Enforcement. The Association and any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these Covenants. The failure by the Association to enforce any provision of these Covenants shall create no liability on behalf of the Association. All liability related to the failure to comply with these Covenants shall rest solely upon the Owner who failed to comply with any applicable Covenant provision or provisions.

Section 10.03. No Waiver. The failure of the Association or any Owner to enforce the provisions of these covenants shall not constitute a waiver of the right to enforce them on another occasion and no delay in enforcement shall constitute a waiver of the right of enforcement so long as a violation continues.

Section 10.04. Severability. Invalidation of any one of these provisions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

Section 10.05. Costs and Attorney’s Fees. Subject to I.C. § 32-25.5-5-1 et seq. as may be amended, recodified or replaced, the Association shall be entitled to recover from any Owner its costs and expenses, including but not limited to reasonable attorney’s fees incurred in seeking to enforce any violation or non-performance of the Covenants or Bylaws, and including but not limited to defending or resisting any challenge to the enforceability of the Covenants or Bylaws, whether initiated by the Association or the Owner. The Association shall also be entitled to recover its costs, costs of collection, expenses, including but not limited to reasonable attorney’s fees incurred in its efforts to collect overdue Assessments, or to seek recompense for damage to Association property should the Association be successful in its pursuing its claim regardless of whether the dispute is resolved in court or through mediation.

Section 10.06. Non-Conforming Use or Condition. The Covenants shall become effective

as of the date they are adopted by sixty percent (60%) of the Owners of the Lots in Sections I, II,

III, IV, and V of Windsor Woods, and sixty-six percent (66%) of the Owners of the Lots in Sections

VI and VII of Windsor Woods. The Covenants are not intended to apply retroactively. Except as

otherwise specifically provided in Article VIII regarding owner occupancy, leasing, and rental

restrictions, any uses or conditions that were pre-existing as of the effective date of the Covenants

are considered a permitted, pre-existing, non-conforming use or condition and are "grandfathered"

under the Covenants.