Fall Creek Place Homeowners Association members are governed by Covenants and Design Guidelines. Both are legally-binding documents. The Association Covenants stipulate the purposes, membership and related logistics of operating the HOA as well as govern the ongoing performance of member property (property maintenance, use, renting, parking, trash, etc.). The Design Guidelines govern more specific architectural characteristics of homes and yards. All member homes must be in compliance with both the Covenants and the Design Guidelines.
All Homeowners' Associations have covenants, and many have related design guidelines. Both are intended to preserve and promote property values and protect homeowner investments by ensuring everyone that certain things cannot be done that could have a negative impact on property values. The design guidelines in Fall Creek Place were crafted to promote a specific character and atmosphere reminiscent of many older neighborhoods.
FCP Covenants & Guidelines Downloads
Covenants Phases 1-3 - Pennsylvania Street east to Park Avenue
Covenants Phase 4 - Broadway Street east to College Avenue
Covenants Phase 4 Amendment 1 - Resolves inconsistencies between the Phase 1-3 covenants and the original Phase 4 covenants.
Design Guidelines - Fall Creek Place Design Guidelines and application procedures.
Design Review Form - Information form to submit a design review request to the Design Review Committee.
HOA Organizing Documents
Fall Creek Place HOA Covenants Primer
The information provided below is a summary of what is included in the HOA covenants. It is in no way a legal document nor does it cover every component of the covenants. Also note that the Association has other governing documents, including by-laws and design guidelines. All of these items are available for download in their entirety above.
Article 2: Restrictions, Covenants, and Regulations
Section 1: Restrictions on Use
All lots are to be used for exclusively residential purposes. Homes are not to exceed 2.5 stories.
Parking is only permitted in the garage, parking pad, or driveway. No RVs, boats, or nonfunctioning vehicles are to be parked on the lot or in the street.
Temporary residences, such as trailers and tents, are not permitted.
All trash must be placed in containers that cannot be stored in open public view. Trash is not allowed to accumulate.
Households cannot be a nuisance, annoyance, or inconvenience to their neighbors. This includes explicitly noise from instruments, radios, televisions, amplifiers, machines and loud people as well as exterior lighting directed beyond a property line.
All construction activity must adhere to Fall Creek Place Builder s Guide and to the design guidelines.
Partially completed homes are not permitted to be lived in.
For five years from the date of the issuance of the Certificate of Completion (when the house was finished), all property must remain owner occupied. Rental, leasing or subleasing during this time is prohibited. Sale of the property during this time is also prohibited without express written consent.
Home construction sites must be kept reasonably clean of unnecessary trash, scrap materials and equipment.
Farm animals are not permitted.
No private well or septic system is permitted.
Only alley access is permitted.
Other restrictions may be applicable to some property, such as easements.
These covenants run with the land and are binding on all owners for a period of 20 years. After this time, ten year automatic extensions continue infinitely unless a majority of owners at the time vote to terminate them.
Section 2: Restrictions on the Development of the Lot
Drainage, utility and sewer easements have been recorded for the Department of Public Works
A Design Review Committee, consisting or 3 or more persons, must be provided for in the Association by-laws. Buildings, fences, walls, fuel storage tanks, antennae, satellite dishes, in-ground or above-ground pools, and other structures must be approved by the DRC. Removal of trees and vegetation must also be approved. Galvanized fences are not permitted. Plantings or fences that block site lines at street or alley intersections are not permitted.
A home must have a minimum finished square footage of 900sf, exluding basements, open porches and garages. The footprint of the house must be at least 600sf. Multi-level homes have a minimum finished square footage of 1,100 sf.
All homes shall be built new of new materials, unless an existing home is rehabilitated (subject to design guidelines and DRC approval).
The owner must maintain the property, including mowing the yard, removing trash, removing dead trees, keeping drainage areas clear, maintaining the exterior of the home and garage, landscaping the lot within 60 days of the completion of a home, and keeping the lot, sidewalk and street clean during construction.
If the owner of a home fails to maintain the property, the HOA has the right, but not the obligation, to repair, mow, clean or perform other maintenance to bring the property in compliance with these covenants. The cost and any attorney s fees will be billed to the owner and a lien on the property may be applied.
Section 3: Sanitary Waste
No outdoor or portable toilets are permitted except during construction.
All sewer lines to a home must be constructed to meet standards of the City of Indianapolis.
Section 4: General Prohibitions
No burning of trash is permitted, and trash cannot accumulate on a lot.
Fuel storage tanks are not permitted. All trash receptacles must not be visible from any street except on collection day.
Utilities shall be installed underground to the greatest extent possible.
Only typical and usual households pets are permitted and shall be kept in the lot so as not to pose a danger to neighbors. No poultry or farm animals are permitted.
Play structures, swing sets, pools, hot tubs and like equipment are only permitted in the rear yard and cannot be visible from the street.
Aritcle 3: FCPHOA
Section 1: Fall Creek Place Homeowner s Association, Inc. is a not-for-profit corporation. Every property owner must be a member of the HOA and is subject to all covenants and restrictions including the payment of a monthly or annual fee.
Section 2: There are two classes of voting membership. The first are the homeowners, who are entitled to a single vote per property, regardless of the number of owners of that property. The second class of membership has expired, but related to votes the City of Indianapolis had until the neighborhood was substantially complete.
Section 3: The Board of Directors manage the association and are elected by the members.
Section 4: Any contract for a professional management company cannot exceed three years, and can be terminated by either side without any fee with a 90 day written notice.
Section 5: The Association is responsible for owning and maintaining designated common areas, carry casualty insurance for the common areas and general liability insurance, and contracting for other services it deems necessary.
Section 6: Assessments
All owners agree to pay monthly or annual assessments as well as any special assessments for capital improvements or operating deficits. These assessments and any attorney s fees and interest charged represent a continuing lien on the property as well as a personal obligation of the property owner who owned the property when they were charged.
Asessments shall be used exclusively to promote the health, safety and welfare of property owners and for the improvement and maintenance of common areas, sidewalks, and other owned property.
A special assessment may be made for the construction, reconstruction or repair of any capital improvement that the HOA is required to maintain. A special assessment must have the approval of a majority of voters who vote in person or by proxy at a special meeting.
Written notice for a special meeting to vote on a special assessment must be given to homeowners at least 30 days but no more than 60 days prior to the meeting. At least half of eligible voters must be present. If less than this is present, a new meeting must be called within 60 days, but only 25% of eligible voters need be present at this second meeting.
The Board of Directors must set dues at least 30 days before the end of the calendar year. Written notice of special assessments and other assessment notices deemed necessary, must be sent to every homeowner.
Any charges levied by the HOA on a property, along with interest and other charges, are a lien on the property and a personal obligation of the property owner who owned the property when they were charged until they are paid in full. An interest rate of 12% will be charged for overdue fees. The Board of Directors can take legal action, including foreclosure, to collect overdue charges. The homeowner will incur all legal expenses required for the HOA to take action.
The assessments create a lien on the property that is subordinate to the lien of any first mortgage.
The Board of Directors can suspend the voting rights of, and services provided to, any homeowner that fails to pay any charges or fines or who does not come into compliance with covenants, articles of incorporation, by-laws or regulations of the association after they have been told they are in violation of such documents.