The McFarland Farms Development is a residential community in Marion County, Indiana, consisting of numbered lots and common areas as shown on recorded plats. It is subject to the restrictions outlined in this Declaration to maintain its aesthetic and functional quality (Preamble, Paragraph 4).

All lot owners, their heirs, successors, and assigns, as well as the Developer (The Shorewood Corporation) and its successors, are bound by the Restrictions. These apply to anyone with a legal or equitable interest in the lots or lands within the Development (Preamble).

The Association is a not-for-profit corporation created to manage the Development. Every owner of a residential lot is automatically a member and subject to the Association’s rules, including payment of annual charges (Paragraphs 3, 68).

The Committee, initially appointed by the Developer, consists of three members who regulate the external design, appearance, use, location, and maintenance of lots and improvements to preserve property values and maintain harmony with the Development’s natural and built environment. The Developer may transfer appointment powers to the Association (Paragraphs 2, 53, 63).

• Lots are designated for single-family residential use only, unless otherwise specified by the Developer.
• Only one single-family dwelling house and accessory outbuildings (e.g., sheds) are permitted.
• Accessory outbuildings must be no larger than 120 square feet, made of non-metal materials, and cannot be built before the dwelling house or used for habitation (Paragraphs 9, 10).

No, a dwelling house cannot be occupied or used for residential purposes until it is substantially completed, as determined by the Development Control Committee (Paragraph 11).

The minimum square footage for living space in dwellings, excluding porches, terraces, garages, carports, or accessory buildings, is specified in the recorded plats of the Development (1200 sq ft). Basements are excluded from this calculation, except for finished portions of walkout basements (Paragraph 14).

• Front Yards: Setback lines are as specified on the recorded plats, measured from the road’s right-of-way.
• Side Yards: At least 6 feet from each side line, with a total of at least 16 feet for both side yards combined.
• Rear Yards: At least 20 feet from the rear line (Paragraphs 18–20).

• Fences require approval from the Development Control Committee for size, location, height, and composition.
• Each lot must have at least two trees in the front yard by the time the house is completed (Paragraph 21).

Buildings must use materials other than tar paper, rollbrick siding, or similar materials. All driveways must be paved with asphalt or concrete from their connection to the abutting street (Paragraph 22).

• Every house must have a heating plant compliant with codes, capable of providing adequate heat for year-round habitation (geo-thermal heat pumps must be closed-loop).
• Every house must have a garage (Paragraph 23).

• Construction of any building must be completed within one year from the start date.
• Any improvement damaged by fire or other causes must be repaired or removed within three months (Paragraph 24).

No, all structures must be built with substantially new materials. Used structures cannot be relocated or placed on any lot (Paragraph 25).

Owners must maintain their lots and improvements to prevent unsightliness by:

• Mowing to prevent excessive vegetation or weeds.
• Removing debris or rubbish.
• Preventing conditions that detract from the Development’s aesthetic appearance.
• Cutting down dead trees.
• Keeping improvements in good repair.
• Landscaping the lot within 60 days of house completion, weather permitting (Paragraphs 26–32).

Yes, if an owner fails to maintain their lot or improvements per the Restrictions, the Association may enter the lot to perform necessary maintenance (e.g., mowing, repairs). The costs become part of the lot’s annual charge and can be collected as a lien (Paragraph 33).

• No outside toilets are allowed, except during construction with Committee approval.
• No sanitary waste or other wastes can enter storm drains.
• Sewage lines must comply with City of Indianapolis, Department of Public Works requirements.
• Violations are considered a nuisance, and abatement costs (including legal fees) become a lien on the lot (Paragraphs 35–36).

• Yard Lights: Each lot owner must install and maintain a dusk-to-dawn yard light in the front yard upon house completion, with design, type, and location approved by the Committee. The Committee may require purchase from the Developer or its designee for uniformity.
• Mailboxes: Owners must install a mailbox approved by the Committee for design, type, and location, potentially purchased from the Developer or its designee (Currently Otto’s Streetscape Solutions) (Paragraphs 37–38).

Prohibited activities include:

• Noxious or offensive activities that cause unreasonable annoyance or nuisance.
• Displaying signs or advertisements without Committee approval, except real estate sale signs.
• Keeping animals other than usual household pets, which must be confined to avoid nuisance.
• Parking campers, trailers, boats, or trucks (1 ton or larger) on streets or lots unless not visible to other lots or streets.
• Burning or accumulating garbage/refuse outdoors (houses must have garbage disposal units).
• Installing above-ground fuel storage tanks or visible trash receptacles (except during refuse collection).
• Building model or exhibit homes without Developer permission.
• Erecting temporary structures (e.g., trailers, tents) or camping overnight.
• Installing exposed radio, cable, or television antennas/dishes.
• Drilling water wells or installing septic tanks without Committee and Indianapolis Water Company approval (Paragraphs 40–47, 50–51).

• Owners must keep open storm drainage ditches or swales on their lots unobstructed and in good repair, installing necessary culverts per City of Indianapolis specifications.
• Utility services must be installed underground via jacking, drilling, or boring, with approval from the Department of Transportation (for public streets) or property owners (for private drives) (Paragraphs 48–49).

The Committee regulates the design, appearance, use, location, and maintenance of lots and improvements to ensure harmony and value preservation. It must approve all construction or improvements in writing, based on detailed plans and specifications submitted by owners (Paragraphs 53–54).22. How does the Committee handle approvals?

• Owners must submit three sets of plans/specifications (max 30″ x 36″, building scale 1/4″ = 1′, plot scale 1″ = 30′) detailing location, materials, colors, and landscaping.
• The Committee approves or disapproves within 30 days, retaining one copy of materials. Disapprovals must specify reasons in writing.
• The Committee may grant variances if strict application causes hardship, provided they align with the Restrictions’ intent and are not detrimental to other lots (Paragraphs 54, 59–60).

No, neither the Committee, its agents, nor the Developer are liable for defects in plans, specifications, or construction, or for the suitability of designs or materials (Paragraph 61).

The Association must:

• Maintain landscape easements and common areas in neat condition.
• Operate and maintain recreational facilities like the swimming pool.
• Procure casualty and liability insurance (including directors’ and officers’ insurance).
• Contract for services like management, snow removal, security, or trash removal (Paragraphs 73–77).

• Annual Assessments: Each lot owner (except the Developer) must pay annual assessments, starting upon deed conveyance or land contract signing, set by the Board (minimum $150 per lot per Articles of Incorporation).
• Special Assessments: For capital improvements or operating deficits, requiring majority approval of voting members at a meeting.
• Assessments are a lien on the lot and a personal obligation of the owner, with 12% annual interest on unpaid amounts. The Association can sue, foreclose liens, or publish names of non-paying owners (Paragraphs 79–82, 86; Articles of Incorporation, Article II).

• For meetings on special assessments or operating deficits, a quorum requires 60% of all votes (254 lots out of 422, each with one vote).
• If not met, a subsequent meeting can be called with a quorum of 50% of the previous quorum (127 lots).
• Notice must be sent 30–60 days in advance (Paragraph 84).

• Unpaid assessments accrue 12% interest per annum and remain a lien on the lot until paid.
• The Association can foreclose the lien, sue for collection (including legal fees), and suspend the owner’s voting rights and access to facilities.
• Liens are subordinate to first mortgages, and foreclosure of a first mortgage extinguishes prior assessment liens (Paragraphs 86–88).

Common areas are private and for use by Association members under terms set by the Developer or its successors. Ownership transfers to the Association upon completion, free of financial encumbrances, subject to recorded easements (Paragraph 65).

Yes, with Committee approval, an owner of contiguous lots can use them as a single site for one dwelling house, treated as one lot for Restriction purposes as long as it remains a single dwelling (Paragraph 64).

The Restrictions are binding until January 1, 2080, and automatically extend for successive 10-year periods unless changed by a majority vote of the owners of numbered lots (Paragraph 99).

Yes, the Association, Developer, or any benefiting party can enforce the Restrictions through legal or equitable means to prevent violations. No party is liable for failing to enforce, and delay in enforcement does not waive rights (Paragraphs 93–94).

Each Restriction is independent and severable. If one is deemed invalid or unenforceable, it does not affect the validity of others (Paragraphs 100–102).