Indigo Fields Homeowners Association, Inc.

 

 

 

Covenants, Conditions and Restrictions (Overview):

The complete Covenants, Conditions and Restrictions are available here.  The following is presented as an overview and simplification of the important requirements relating to property ownership or residence in Indigo Fields. Clarifications have been added.   This is not a legal document; please refer to the complete Covenants, Conditions and Restrictions for the complete legal text.

The following is excerpted and interpreted from ARTICLE II, Restrictions and Covenants:

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SECTION 1 – Residential Use of Property.  Lots and buildings are intended for residential use only, not for operating a business or profession This restriction does not preclude “bringing work home”, use of a home office, or work incidental to the residential use of the property, so long as this activity is not visible from the street or adjoining lots and does not involve increased traffic, visits from clients, material storage, excess noise, etc. 

SECTION 2 – Architectural Control Committee.  The Architectural Control Committee (ACC) is appointed by, and reports to, the board of Directors.

SECTION 3 – Review and Approval of Plans and Landscape Plans.  Any proposed additions and/or changes to the exterior of the property, landscaping, or buildings must be approved in writing by the ACC before work is begun.  This includes, but is not limited to, construction of residences and/or outbuildings, painting the residence or outbuilding, trim or shutters a different color, adding a porch or deck, installing or constructing a storage shed or outbuilding, constructing, installing, or modifying a fence, modifying or extending the driveway, etc..

SECTION 4 – Building Construction.  Each lot is limited to one (1) single family dwelling, not to exceed three (3) stories in height. A small outbuilding or “storage shed” (not to exceed one (1) story) may be approved by the ACC, provided there is no obstruction of any views, and the exterior design and construction is comparable with main dwelling. ACC approval must be in writing. All construction debris must be removed within 48 hours.

SECTION 5 – Setbacks and Building Lines.  Each dwelling on any lot must be situated in accordance with setback codes of the City of North Charleston. However, in each case, setbacks and sidelines must also be approved in writing, by the ACC for its esthetic value. Greater setback requirements may be required by the ACC. No fence or wall shall be erected, placed, or altered on any lot unless approved by the ACC in writing. Walls shall be made of clay brick, stucco, railroad ties or brick veneer. No chain link fencing is permitted on any lot.

One or more lots or parts thereof may be subdivided or combined to form one single lot, when approved in writing by the ACC. No side yard shall be required for any detached garage or accessory building which has been approved in writing by the ACC. Any such detached garage or accessory building must be situated to the rear of the main dwelling.

SECTION 6 – Building Requirements.  Enclosed living areas of the main dwelling, exclusive of open porches porte-cocheres, garages, rooms located over the garage, carports and breezeways, shall not be less than 1800 square feet. Houses of less than 1800 square feet may be approved by the ACC at their discretion for aesthetic value. Any such approval must be in writing. 

SECTION 7 – Obstruction of View at Intersections.  Lower branches of trees or other vegetation shall not be permitted to obstruct the view at any intersections. 

SECTION 8 – Delivery Receptacles and Property Identification Markers.    The ACC shall have the right to approve the location, color, size, design, lettering, and all other particulars for mailboxes, newspaper containers, etc., as well as identification markers.  (See Mailbox and Post specifications.)

SECTION – 9 Use of Outbuildings and Similar Structures.  No structure of temporary nature, unless approved by the ACC in writing, shall be placed on any lot; no trailer, camper, shack, tent, garage, barn or other structure shall be used as a residence, either temporarily on permanently. Sheds or other temporary structures may be used during construction activities.

SECTION 10 - Completion of Construction.  The ACC shall have the right to take appropriate court action to compel the completion of any residence not completed within one year of commencement, and six months on completion of the exterior.

SECTION 11 - Livestock.  No animals, livestock or poultry shall be raised, bred or kept on any lot. Dogs, cats, and other household pets may be kept provided they are not bred or maintained for commercial purposes. Pets must not constitute a nuisance or cause unsanitary conditions. Pets must be kept on owner’s lots and will be considered a nuisance if allowed to roam on other lots or streets unless leashed.

SECTION 12 – Offensive Activities.   No noxious, offensive or illegal activities may be carried on upon any lot. 

SECTION 13 – Signs.  No ''For Sale'' or ''For Rent'' signs (or other signs) larger than six (6) square feet may be placed on any lot. 

SECTION 14 – Aesthetics, Mature Growth, Screening, Underground Utilities.  Trees with diameter of six (6) inches measured at a distance of six (6) feet above ground level, and/or distinctive flora shall not be removed without ACC approval in writing. New construction applications must provide tree survey, building plans, plot plans, landscape and drainage plans to the ACC prior to any work commencing on the lot. Lot owner must have approval of such plans by the ACC in writing before any lot clearing or construction commences. Note: Any tree removal must also comply with local and state laws and ordinances.

Clotheslines, garbage cans and equipment shall be screened to conceal them from view of streets and neighboring lots. This includes, but is not limited to, air conditioners, heat pumps, trailers, lawn mowers, grills, etc.

SECTION 15 – Antennas and satellite Dishes.  No radio or TV transmission or reception towers, antennas or satellite dishes allowed on any lot.  Note: Federal laws passed since the creation of the Indigo Fields CC&Rs allow an exception for satellite dish antennas one meter or less in diameter, therefore, these will be permitted.  Such antennas should be placed out of view from streets and neighboring lots wherever possible.

SECTION 16 – Trailers, Trucks, School Buses, Boats, Boat Trailers.  No trailers, trucks, buses, boats, boat trailers, motorcycles or commercial vehicles, over one (1) ton may be kept, stored or parked overnight either on any street or lot, except within enclosed garages, or on rear of lot screened from the street and neighboring lots as approved in writing by the ACC.

SECTION 17 – Garbage and Refuse Disposal.*  No lot shall be used for dumping. All trash, garbage or any other waste must be kept in sanitary containers. Garbage cans, trash containers, boxes, bags, grass clippings, leaves, brush, and other trash or debris shall not be put out for collection prior to 12:01 AM on the day of collection and empty containers must be removed by 6:00 PM on the day of collection. 

SECTION 18 – Changing Elevations.  No lot owner shall excavate or extract earth for business purposes. No elevation changes which materially affect the surface grade of nearly lots may be made unless approved in writing by the ACC. 

SECTION 19 – Sewage System.  Sewage disposal shall be through municipal system.

SECTION 20 – Water System.  Water system shall be through municipal system.

SECTION 21 – Utility Facilities.  Developer approved utility systems. 

SECTION 22 – Model Homes.  Developer approved right to construct model homes. 

SECTION 23 – Easements.   Lots are subjected to easements as recorded on plats.

SECTION 24 – Driveways and Entrance to Garage.**  All driveways and entrances shall be of a substance approved in writing by the ACC. All front entrance garages must have the doors closed except when in use. A maximum of three (3) cars may be parked upon the driveway. No overnight parking is permitted on the streets. No parking is permitted on lawns or other unpaved areas.

SECTION 25 – Above Ground Swimming Pools.  Above ground swimming pools are not permitted and may not be installed or erected.  “Wading pools” and small inflatable pools are permitted as long as they are not permanently installed. 

SECTION 26 – Maintenance of Front Yards.  All front yards must be sodded, and grass kept neatly mowed. If not kept in accordance with the above, the ACC shall have the right to mow said yard, and charge the lot owner for the cost of mowing. 

SECTION 27 – Duration.  Covenants run for 20 years, and shall be automatically extended for periods of 10 years

SECTION 28 – Amendment.  Covenants may be amended by a vote of 75% of owners for the first 20 years, 70% of the owners thereafter.

SECTION 29 – Enforcement.  Each lot owner shall comply strictly with the covenants, conditions, restrictions and easements.  In the event of a violation, the Board of Directors, the ACC, or any aggrieved lot owner shall have the right to proceed at law.  Note: Property owners are responsible for the actions of their family members, tenants and/or guests.

* Amended to read: ".............. Garbage cans, trash containers, boxes, bags, and other trash or debris, including, but not limited to tree trimmings and lawn debris, shall not be placed on the street for collection prior to 7:00 p.m. on the evening prior to the scheduled day of collection and empty containers must be removed by 8:00 p.m. on the day of collection."

** Amended to read: "............. A maximum of four (4) cars may be parked upon the driveway overnight."

 

 

Last modified: 09/04/09 
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