Oakwood Park Rules
These Rules (“Rules”) are amended and adopted effective February 1, 2007 by the Board of Directors of Oakwood Property Owners Association, Inc. (the “Board”), pursuant to Section 9 of the Bylaws of Oakwood Property Owners Association, Inc., which were recorded on the 9th day of March, 2007 as Document No. I07030255, in the Office of the Recorder of Steuben County, Indiana (the “Bylaws”).
The Easements are for the use and benefit only of the Members, or guests or invitees of the Members who are accompanied by a Member, for access to and from Hamilton Lake (the “Lake”), unless provided otherwise herein.
No additions or changes of any kind or nature shall be made to the Easements without the prior written approval of the Board.
No structure, fence, other improvement, trees, or other landscaping materials may be installed, owned, or maintained by any Member, Owner, other person or entity within an Easement without the prior written approval of the Board.
The Board shall be entitled to remove any structure, improvement; or item in an Easement that violates or is contrary to a requirement in these Rules or the Bylaws, which is contrary to applicable all governmental laws, ordinances, or requirements, or which in the opinion of the Board is unsafe or unsightly.
No individually-owned dock, pier, boat, personal water craft (“PWC”), float, boat or PWC lift, or the like may be installed, placed, or maintained at the end of the Easements extending into the Lake, as such placement would interfere with the use of the Easements and enjoyment of the Lake by all Members.
If one or more Members desire to install a common pier (a “Common Pier”) extending from an Easement into the Lake (individually or collectively, the “Pier Applicant”), the
Pier Applicant shall make a written request to the Board to do so, which request shall be accompanied by plans and specifications for the proposed Common Pier. The Board may establish a reasonable fee for a Pier Applicant to submit such a written request. If the Board approves a written request to install a Common Pier, the Pier Applicant shall pay to the Board in advance, all costs of acquisition and installation of the Common Pier. After the Board receives any such payment, the Board shall cause the Common Pier to be installed as soon as is reasonably practicable. The Board may approve the installation of a Common Pier by a Pier Applicant. The Board shall be entitled to refuse to approve a request for installation of a Common Pier if in the reasonable opinion of the Board the Common Pier proposed will be unsightly or unsafe. Only one Common Pier may be installed at the end of each Easement that extends to the water’s edge of the Lake.
If the Board approves a request for installation of a Common Pier in accordance with Section 6 of these Rules, the following requirements, restrictions, and limitations shall apply:
Daily mooring at the Common Pier of boats, PWCs, and other watercraft shall be on a first-come, first-served basis.
No boat, PWC, or other watercraft may be moored at a Common Pier overnight.
No lift to hold a boat, PWC, or watercraft of any kind may be placed adjacent to a Common Pier.
All Common Piers installed with the approval of the Board and in accordance with these Rules shall be used only by Members and their invitees, but only if personally accompanied by a Member.
Each Common Pier shall be maintained and removed at the end of a boating season by the Pier Applicant who installed it, at the sole cost of the Pier Applicant. The Board and the Association shall have no obligation or responsibility whatsoever to maintain or remove, or to pay for the maintenance or removal of any Common Pier.
Any Owner, Occupant, or invitee of a Member who uses any Easement or any Common Pier shall assume all risk of personal injury or property damage to do so; and neither the Board nor the Association shall be in any way be liable or responsible for any personal injury or property damage that is caused by, or results from, such use.
No parking of any motor vehicle or watercraft is allowed in any Easement, other than temporary parking to launch watercraft or to install a Common Pier approved pursuant to these Rules, since such action may block access of emergency vehicles and use of the Easements by the Members.
Minors (under the age of 14 years) shall not be allowed in the Easements or on any Common Pier without the supervision of an adult Member.
All Easement are to be kept clean from all debris and trash. Any debris or trash must be removed from Easements when leaving.
Use of the Easements is restricted to the period between sunrise and sunset.
A Member who owns the Lots adjacent to an Easement shall have the first option to maintain the Easement, and to remove any structure, other improvement, or item located in an Easement which is not approved by the Board under these Rules. In such event, such Member shall provide the Board with written confirmation that they are willing to maintain the Easement.
All Members and their guests and invitees using the Easements shall be respectful of the Owners of the Lots adjacent to the Easements, including maintaining reasonable noise levels, cleanliness and property lines.
Owners shall be responsible for violations of any provision in these Rules or the Bylaws by their guests or invitees. Notices for any violations committed by the Owner’s guests or invitees, shall be sent to the Owner and any fines imposed for violations committed by such guests or invitees shall be assessed to the Owner.
Any dispute or problem concerning use or maintenance of an Easement or any Common Pier shall be presented to the Board for resolution, which dispute or problem then will be addressed by the Board in a timely manner.
The Board may at any regular or special meeting adopt or amend a resolution for imposing fines against a Member, Owner or their guests and invites who violates or breaches any provision in these Rules or the Bylaws, including but not limited to repeat or continuing violations.
Failure or refusal to cure or abate a violation of any provision in these Rules or the Bylaws shall constitute a new and separate violation.
If a Member, an Owner, or an Occupant violates any provision in these Rules or the Bylaws governing the use or maintenance of the Easements or any Common Pier, the Board shall give at least 10-days written notice to such person, either personally, or by certified U.S. mail, return receipt requested, at their last known address, to cure or abate any such violation and pay a fine. Refusal to accept any such notice shall not affect the giving of the notice. If the person who engages in such violation fails or refuses to comply timely with the Board’s notice, the Board may take all or any of the following enforcement actions, which actions shall be cumulative and are not mutually exclusive:
Issuance of additional fines.
If the person who engages in such conduct is an Owner who is also Member, the Board shall suspend the Member’s right to vote at any meeting of the Association, until such violation is cured or abated to the reasonable satisfaction of the Board; and
The Board may pursue all legal and equitable remedies available in a court of competent jurisdiction, including recovery of the reasonable attorney fees and costs incurred by the Board in pursuing such remedies.
These Rules may be amended from time-to-time, as provided in the Bylaws.
