Want to build a fence or mini-barn? Call Rules & Restrictions Committee first
The board of Eagle Nest Property Owners Association would like to remind homeowners that all home improvements or construction projects (i.e. decks, fences, mini-barns, room additions, etc.) must receive written approval from the Rules and Restrictions Committee BEFORE work begins.
All homeowners received copies of ENPOA's Declarations of Restrictions upon purchase of their property. Your mortgage company or deed holder should have copies. Hard copies are available from the ENPOA office, too.
To underscore the board's role and right to administer such matters, following is a passage from ENPOA's Declarations of Restrictions, approved and filed Sept. 21, 1973, and amended in part Dec. 15, 1993. From Section 7, titled "Eagle Nest Development Control Committee," Subsection A, subtitled "Powers of Committee":
(i) Generally, No dwelling, building structure or improvement of any type of kind shall be constructed or placed on any lot in the Development without the prior approval of the Committee. Such approval shall be obtained only after written application has been made to the Committee by the Owner of the lot requesting authorization from the Committee. Such written application shall be in the manner and form prescribed from time to time by the Committee, and shall be accompanied by (2) two complete sets of plans and specifications for any such proposed construction or improvement. Such plans shall include plot plans showing the location of all improvements existing upon the lot and the location of the improvement proposed to be constructed or placed upon the lot, each properly and clearly designated. Such plans and specifications shall set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other material or information which the Committee may require. All plans and drawings required to be submitted to the Committee shall be drawn to a scale of 1" = 10', or to such other scale as the Committee may require. There shall also be submitted, where applicable, the permits or reports required under paragraph 3 of these Restrictions. All such plot plans shall be prepared by either a registered land surveyor, engineer or architect.
(ii) Power of Disapproval. The Committee may refuse to grant permission to construct, place or make the requested improvement, when:
a) The plans, specifications, drawings or other material submitted are themselves inadequate or incomplete, or show the proposed improvement to be in violation of these restructions;
b) The design or color scheme of a proposed improvement is not in harmony with the general surroundings of the lot or with adjacent buildings or structures; the proposed improvement, or any part thereof, would in the opinion of the Committee be contrary to the interests, welfare or rights of all or any part of other Owners.
(iii) Power to Grant Variances. The Committee may allow reasonable variances or adjustments of these Restrictions where literal application would result in unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the general intent and purposes of these Restrictions, and no variance or adjustment shall be granted which is materially detrimental or injurious to other lots in the Development.
Questions may be directed to Rules and Restrictions Committee chair Dave Sagers at (317) 989-1452.
All homeowners received copies of ENPOA's Declarations of Restrictions upon purchase of their property. Your mortgage company or deed holder should have copies. Hard copies are available from the ENPOA office, too.
To underscore the board's role and right to administer such matters, following is a passage from ENPOA's Declarations of Restrictions, approved and filed Sept. 21, 1973, and amended in part Dec. 15, 1993. From Section 7, titled "Eagle Nest Development Control Committee," Subsection A, subtitled "Powers of Committee":
(i) Generally, No dwelling, building structure or improvement of any type of kind shall be constructed or placed on any lot in the Development without the prior approval of the Committee. Such approval shall be obtained only after written application has been made to the Committee by the Owner of the lot requesting authorization from the Committee. Such written application shall be in the manner and form prescribed from time to time by the Committee, and shall be accompanied by (2) two complete sets of plans and specifications for any such proposed construction or improvement. Such plans shall include plot plans showing the location of all improvements existing upon the lot and the location of the improvement proposed to be constructed or placed upon the lot, each properly and clearly designated. Such plans and specifications shall set forth the color and composition of all exterior materials proposed to be used and any proposed landscaping, together with any other material or information which the Committee may require. All plans and drawings required to be submitted to the Committee shall be drawn to a scale of 1" = 10', or to such other scale as the Committee may require. There shall also be submitted, where applicable, the permits or reports required under paragraph 3 of these Restrictions. All such plot plans shall be prepared by either a registered land surveyor, engineer or architect.
(ii) Power of Disapproval. The Committee may refuse to grant permission to construct, place or make the requested improvement, when:
a) The plans, specifications, drawings or other material submitted are themselves inadequate or incomplete, or show the proposed improvement to be in violation of these restructions;
b) The design or color scheme of a proposed improvement is not in harmony with the general surroundings of the lot or with adjacent buildings or structures; the proposed improvement, or any part thereof, would in the opinion of the Committee be contrary to the interests, welfare or rights of all or any part of other Owners.
(iii) Power to Grant Variances. The Committee may allow reasonable variances or adjustments of these Restrictions where literal application would result in unnecessary hardship, but any such variance or adjustment shall be granted in conformity with the general intent and purposes of these Restrictions, and no variance or adjustment shall be granted which is materially detrimental or injurious to other lots in the Development.
Questions may be directed to Rules and Restrictions Committee chair Dave Sagers at (317) 989-1452.
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