Resolution and Consent In Lieu Of A
Meeting Of The Board Of Directors Of
Countryside Homeowners Association, Inc.
Adopted as of April 19, 2018
The undersigned, being all of the board of directors of Countryside Homeowners Association, Inc. (“Association”) do hereby adopt this resolution and consent to the following actions of the board of directors (“Board of Directors”) of the Association, in lieu of a duly called meeting:
WHEREAS, the Declaration of Covenants, Conditions, and Restrictions of Countryside dated September 15, 1999 and recorded with the Hamilton County Recorder’s Office as Instrument Number 199909955178, and the Amendment to Declaration of Covenants, Conditions and Restrictions of Countryside, dated March 9, 2000 and recorded with the Hamilton County Recorder’s Office as Instrument Number 200000012786 (collectively, the “Covenants”) set forth certain covenants, conditions, and restrictions relating to development and use of the Lots, Common Areas, and other developments and structures in the residential neighborhood referred to as Countryside;
WHEREAS, the Covenants set forth, inter alia, certain requirements and restrictions on signs, including Section 6.10, which provides that “No signs or advertisements shall be displayed or placed on any Lot or other structures in the Property, except entry signs, Residence or Lot sales signs and directional sales signs, except with the approval of the [Development Standards and Architectural Control Committee (the “Committee”)]”;
WHEREAS, Section 7.11 of the Covenants provides that the “Committee may allow reasonable variances or adjustments of this Declaration 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 this Declaration and no variance or adjustment shall be granted which is materially detrimental or injurious to other Lots in the Development”;
WHEREAS, the Board of Directors of the Association finds that certain adjustments and/or variances applicable to all Lots in relation to Section 6.10 of the Covenants would be and are in the best interests of the Association, and are in conformity with the general intent and purposes of the Covenants; and
WHEREAS, in the interest of efficient and uniform administration and enforcement of the Covenants, the Board of Directors of the Association desires to authorize and ratify such adjustments and/or variances, and empower the Committee to implement the same in relation to administration, enforcement, and approval of signs requested to be installed by Owners on their respective Lots in relation to Section 6.10 of the Covenants;
THEREFORE IT IS RESOLVED that the Committee shall approve, as a matter of course and not as a matter of discretion, any duly submitted request to the Committee by an Owner to install on the Owner’s Lot, one (1) school sports/spirit sign (per student residing in the residence on the Lot) which does not exceed 8” in height or 48” in width or 400 square inches total, bearing the name of the student, school identifiers (name, nickname and/or logo) and the activity in which the student participates, provided that at no time may a sports/spirit sign be mounted to a residence on a lot. The sign must be kept in good condition without warping or paint peeling. Should the sign become in a state of disrepair, the Owner agrees to remove or repair the sign; and
IT IS FURTHER RESOLVED that in accordance with Indiana Code 32-21-13-1, et seq., no application to the Committee by an Owner, and no approval by the Committee, shall be necessary for an Owner to install on the Owner’s Lot, a political “sign” (as the term “sign” is defined in Indiana Code §32-21-13-3), provided that: (a) the sign will be placed on the Lot beginning no earlier than thirty (30) days prior, and remain on the Lot no later than five (5) days after, the date of the election to which the sign relates; (b) the size of the sign is no larger than other similar signs commonly displayed during election campaigns, not to exceed 400 square inches; (c) the sign is not mounted to a residence on the Lot.
IT IS FURTHER RESOLVED that this written consent shall be in lieu of a meeting of the Board of Directors of the Association and shall be filed in the minute book of the Association in place of the minutes of such meetings.
COUNTRYSIDE HOMEOWERS ASSOCIATION, INC.,
BY ITS BOARD OF DIRECTORS:
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