Why are some homes required to participate in the HOA and others are not?

We often are asked why all homes are not required to participate in the HOA and subject to the same design review requirements, assessments and other obligations as others. The explanation is technical in nature, but we hope the following helps!

Fall Creek Place is not a standard development where all homes are subject to restrictive covenants. When Fall Creek Place was developed, the City of Indianapolis took ownership of a large number of properties.  Covenants were then recorded against these particular properties, creating the HOA.  This occurred in 4 phases (thus, the "Phase 1...Phase 4 references").  As a result, only those properties that were owned by the City at the time of recording were made part of the HOA.  You can see this by looking at the various copies of recorded covenants here. Legally, only the owner of a property can record covenants against the property and, once recorded, they “run with the land,” meaning they cannot be voluntarily removed by a homeowner.  The HOA cannot force a property owner to become a member of the HOA, but once covenants are recorded, all subsequent owners of the property are required to participate. To further complicate matters, when the City amended various recordings, they failed to include all parcels that were previously subject to the covenants.  In consultation with legal counsel, it was determined that some of the homes previously included but not included in the subsequent amendments, were no longer part of the HOA and, therefore, were only voluntary members.  This is quite different from a standard development with an HOA where ALL homes are subject to the same restrictions and requirements.  It is true (and unfortunate) that not all homes in Fall Creek Place are required to pay the annual assessment and yet all homes in Fall Creek Place benefit from the various amenities and services (maintaining the parks, alley snow removal, historic lighting, insurance, management, etc.).  To the extent we have contact information for non-HOA homes in the neighborhood, we submit a "Voluntary Assessment" giving them the opportunity to participate and acknowledge the benefits they receive in the neighborhood. 

Can I record covenants against my property?

If you are a “voluntary” member of the HOA and would like to record covenants against your property to ensure all future owners of your property participate in the HOA, please email us here and we will provide you with the appropriate information.

Please note the above is a general explanation of the manner in which assessments are placed against various properties in the Fall Creek Place Development. This is not meant to be legal advice or an exhaustive explanation of all exceptions. If you have further questions or would like a more detailed explanation, please do not hesitate to email us!