This was translated from the documents listend here. There could be errors in the translation and only the original documents listed here should be considered binding. If you find errors, please email

The following restrictions and covenants concerning the use and occupancy of the Property shall run with the land and be binding upon the Developer and every Owner or occupant, the heirs, successors and assigns, as well as their family members, guests and invitees. Present or future Owners or the Association shall be entitled to injunctive relief against any violation or attempted violation of any such covenants and restrictions, and shall in addition, be entitled to damages for any injuries or lesses resulting from any violations thereof including reasonable attorney fees and costs, but there shall be no right of reversion of forfeiture resulting from such violation.

VIII. A. Use of Lots.

VIII. A. 1. Single Family Residential Usage. Except as otherwise permitted herein, each Lot shall be occupied and used exclusively for single family residential purposes and purposes customarily incidental to a residence.

VIII. A. 2. Diligence in Construction. Every building whose construction or placement on a any residential Lot in the Development is begun shall be completed within nine (9) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than three (3) months from the time of such destruction or damage.

VIII. A. 3. Accessory Outbuildings. No accessory outbuildings, except mini barns or storage sheds, shall be erected on any of the residential lots. All mini barns or storage sheds are subject to the restrictions listed in Section (I) below.

VIII. A. 4. Occupancy or Residential Use of Partially Completed Dwelling House Prohibited. No dwelling house constructed on any of the residential lots shall be occupied or used for residential purposes or human habitation until it shall have been substantially completed. The determination of wether the house shall have been substantially completed shall be made by the Committee and such decision shall be bindings on all parties.

VIII. A. 5. Other Restrictions. All tracts of ground in the Development shall be subject to the easements, restrictions and limitation of record appearing on the recorded plat of subdivision, on recorded easements, rights-of-ways, and also to all Governmental zoning authority and regulation affecting the Development, all of which are incorporated herein by reference.

VIII. B. Use of Common Property. The Common Property may be used only in the accordance with the purposes for which they are intended and for any reasonable purposes incidental to the residential use of the Lot. All uses of the Common Property shall benefit or promote the health, safety, welfare, convenience, comfort, recreation, and environment of the Owners and occupants, and shall comply with the provisions of this Declaration, the laws of the State, and the Rules.

VIII. C. Noxious, Offensive, or Hazardous Actions or Materials. No noxious or offensive activities shall be carried on, on any lot in the Development, no shall anything be done on any of said lots that shall become or be an unreasonable annoyance or nuisance to any owner of another lot in the Development. Nothing shall be done or kept in any Lot or on any portion of the Common Property that is unlawful or hazardous, that might reasonably be expected to increase the cost of casualty or public liability insurance covering the Common Property or that might unreasonably disturb the quiet occupancy of any person residing on the any other Lot. This paragraph shall not be construed so as to prohibit the Developer and/or any builder approved by Developer, from construction activities consistent with its residential construction practices.

VIII. D. Signs. No signs or advertisements of any character shall be erected, posted or displayed upon the Property, except: (i) signs installed by the Developer while marketing the Lots and residences for sale, (ii) street and identification signs installed by the Association or the Developer.; and (iii) on temporary real estate sign not to exceed six square feet in area advertising that such Lot is for sale. [State law IC 32-21-13 over rides this section when it comes to political signs. They are allowed thirty (30) days before to five (5) days after the date of the election to which the sign relates. They are still not allowed in the common areas.]

VIII. E. Animals. No person may keep, breed, board or raises any animal, livestock, reptile, or poultry of any kind for breeding or other purpose on any Lot, or in or upon any port of the Common Property, unless expressly permitted by the Rules. Owners may have usual household pets and such pets shall be kept reasonably confined so as not to become a nuisance. The Board of Directors shall in its sole opinion determine the definition of a nuisance.

VIII. F. Nuisances. No noxious or offensive trade shall be permitted on the Property or within any dwelling located on the Property.

VIII. G. Business. No industry, business, trade, occupation or profession of any kind my be conducted, operated or established on the Property, except those hoe occupations specifically allowed under the applicable zoning laws and statues without the prior written approval of the Board.

VIII. H. Storage. No open storage of any kind is permitted.

VIII. I. Mini-Barns, Storage Sheds. Mini-barns and Storage sheds MAY be approved, subject to the following conditions:

VIII. I. 1. Restricted Lots. No storage shed or mini barn may be built or maintained on any portion of the following lots: 1, 2, 3, 4, 5, 6, 7, 8, 40, 41, 42, 61, 62, 63, 64, 65, 70, 71, 72, 73, 74, 75, 76, 77.

VIII. I. 2. Size. The maximum allowed size for any storage shed or mini-barn shall be one hundred fifty (150) square feet.

VIII. I. 3. Outside Finish and Roof. Materials used in the construction of any storage shed or mini-barn, including but not limited to all exterior siding, root materials(shingles), and the like, shall substantially match the exterior color and materials used on the home on the Lot on which the storage shed or mini-barn is to be constructed.

VIII. I. 4. Location. No storage shed or mini barn may be built or maintained on any port of the Real Estate which is Common Area or an Easement.

VIII. I. 5. Prior Approval Required. No construction shall commence on any storage shed or mini barn until said storage shed or mini barn has been approved in advanced by the Design Review Board.

VIII. J. Hotel/Transient Uses: Leases. No Lot may be used for hotel or transient uses, including without limitation, uses in which the occupant is provided customary hotel services such as room service for food and beverage, maid service, furnishing laundry and linen, or similar services, or leases to roomers or boarders. All leases shall be in writing, and shall be subject to this Declaration.

VIII. K. Vehicles. The board shall be entitled to create and enforce reasonable rules concerning the parking of any vehicle permitted in the Common Property. In addition to its authority to levy Lot Assessments as penalties for violations of such rules the Board shall be authorized to cause the removal of any vehicle violating such rules. No trucks, commercial vehicles, boats, trailers, vans, campers or mobile homes shall be parked or stored on any Lot (except in an enclosed structure shielded from view) for any time period longer than forty-eight (48) hours in a thirty (30) day period, provided, however, that nothing contained herein shall prohibit the reasonable use of such vehicles as may be necessary during construction of residences of the Lots. The world "trailer" shall include trailer coach, house trailer, mobile home automobile trailer, camp car, camper or any other vehicle, whether or not self-propelled, constructed or existing in such a manner as would permit use and occupancy thereof, or for storage or the conveyance of machinery, tools or equipment, whether resting on wheels, jacks, tires or other foundation. The word "truck" shall include and mean every type of motor vehicle other than the passenger cards and other than any light pickup truck which is used as an automobile vehicle by an Owner or a member of the Owner's family.

VIII. L. Trash. Except for the reasonably necessary activities of the Developer during the original development of the Property, no burning or storage of trash, garbage or other refuse of any kind shall be permitted on the Property. All trash shall be deposited in a covered sanitary containers. All houses built in the Association shall be equipped with a garbage disposal unit. Any receptacle for ashes, trash, rubbish or garbage shall be so placed and kept as not to be visible from any street within the Development at any time, except at the times when refuse collection are being made.

VIII. M. Antennae. No outside television or radio aerial or antenna, or other aerial or antenna, including satellite receiving disks for reception or transmission shall be maintained on the premises, to the extent permissible under the applicable statues and regulations, including the administered by the Federal Communications Commission, except that this restriction shall not apply to satellite dish with a diameter less than twenty-four inches (24"), erected or installed to minimize visibility from the street which the dwelling fronts.

VIII. N. Utility Lines. All utility lines on the Property shall be underground subject o the requirements of the relevant governmental authorities and utility companies.

VIII. O. Tanks. No tanks for the storage of propane gas or fuel oil shall be permitted to be located above or beneath the ground of any Lot except that propane gas grills are permitted.

VIII. P. Street Tree. Developer may designate one (1) or more trees as deemed necessary by Developer along the street in front of each Lot. If Developer determines to designate street tree(s) then the Lot Owners agree to such uniform street trees. Each Lot Owner shall care for, and, if necessary, replace such tree or trees at the Lot Owner's expense with a like type of tree.

VIII. Q. Mailbox. Developer shall designate a uniform design for curbside mailbox, newspaper box and post, which shall be installed on every Lot. If the mailbox/newspaper box/post is damaged, destroyed or deteriorates, then each Lot Owner, at such Lot Owner's expense, shall repair or replace such structure(s) with another of a like kind, design, pattern and color as the initial mailbox.

VIII. R. Yard Lights and Lamp Posts. All yard lights and lampposts shall conform to the standards set forth by the Design Review Board.

VIII. S. Fencing. All fencing is subject to the following conditions, commitments, and restrictions:

VIII. S. 1. All fencing in Burton Crossing shall be limited to one of the following choices: Wrought iron/aluminum, vinyl, wood shadow box or vinyl clad chain link.

VIII. S. 2. Fencing is not allowed to encroach upon front or side yards. Fencing must be placed at the rear foundation of the home.

VIII. S. 3. The maximum height for fencing shall be 48 inches above grade, subject to the following exception: Lots situated along the perimeter of Burton Crossing may erect fencing with a maximum height of 72 inches above grade. The following lots are subject to the height exception: 9, 10, 11, 12, 13, 14, 15, 16, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 77, 78, 79, 80, 81, 82, 83, 117, 118, 119, 120, 121, 122, 123, 124, 1125, 127, 128, 129, 130, 131, 132, 134, 135, 136.

VIII. S. 4. The following lots must maintain a uniform style and height of fencing, as required by Zoning commitment: 1, 2, 3, 4, 5, 6, 7, 8, 40, 41, 42, 61, 62, 63, 64, 71, 72, 73, 74, 75, and 76. The fence styles shall be limited to one of the following choices: Wrought iron/alumninum, vinyl, vinyl clad chain link. The height shall be limited to no more than 48 inches above grade.

VIII. T. Swimming Pools. No above ground swimming pool extending twelve (12) inches or more above the finished grade of the Lot shall be permitted upon any Lot except that this Article VIII, Paragraph S shall not be intended to prohibit the installation of a hot tub or sauna.

VIII. U. Temporary Structures. No temporary structure of any kind, such as a house, trailer, tent, garage or other outbuilding shall be placed or erected on any lot nor shall any overnight camping be permitted on any lot.

VIII. V. Ditches and Swales. It shall be the duty of the Owner of every lot in the Development on which any part of any open storm drainage ditch or swale is situated to keep such portion thereof as may the situated upon the lot continuously unobstructed and in good repair, and to provide for the installation of such culverts upon said lot as may be reasonably necessary to accomplish the purposes of this subsection. All Owners, if necessary, shall install dry culverts between the road rights-of-way and their lots in conformity with specifications and recommendations of the City of Indianapolis, Department of Capital Asset Management, and the appropriate zoning bodies.

VIII. W. Non-Residential Usage. No industry, trade, or other commercial or religious activity, education or otherwise, designed for profit, altruism or otherwise shall be conducted, practiced or permitted on the Real Estate, unless specifically allowed under the applicable zoning laws and statutes without the prior written approval of the Board.

VIII. X. Compliance with Rules. All Owners and members of their families, their guests, or invitees, and all occupants of any Dwelling Unit or other persons entitled to use the same shall observe and be governed by such rules and regulations as may from time to time be promulgated and issued by the Board or its authorized Committees governing the operation, use and enjoyment of the Common Properties.

VIII. Y. Lot Maintenance. Each Owner shall keep his Lot in good order, condition, and repair and free of debris, all in a manner and with such frequency as is consistent with good property management.

VIII. Z. Compliance with Zoning Commitments. So long as any Zoning COmmitments are in effect, no use shall be made of any port of the Real Estate which violates such Commitments, and all Owners, members of their families, their guests, tenants, invitees and all occupants or other parties entitled to use or who may use any part of the Real Estate shall at all time fully comply with, the terms, covenants, provisions, conditions, limitations, restrictions and requirements contained and described in the Zoning COmmitments which are attached hereto and mad a part hereof by reference. These Zonning Commitments may be changed only by the applicable process governing such commitments under the laws of the City of Indianapolis.