Indian Hills

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Indian Hills

INdian.jpgThings to Know About Indian Hills

Welcome to Indian Hills!

Indian Hills is a very nice neighborhood of 307 single family homes originally developed and built in the early 1960’s.

Indian Hills is in the Columbus public schools district and is subject to Columbus property taxes. Water, sewage, trash removal, and street maintenance services are performed by the city of Columbus. The ZIP code is 43235. The area code is 614.

We have a neighborhood homeowners association. All property owners must become members of the Indian Hills Residents Association (IHRA).

  • A one-time membership fee of $500 is due from each new property owner at time of transfer. This is normally collected by the title company at closing.
  • Each property owner also must pay an annual fee of $300. Invoices are sent via email in January and are due upon receipt.
  • The Indian Hills Restrictive Covenants and Code of Regulations are filed with the Franklin County Recorder and are a part of your deed.
  • The IHRA holds its annual meeting in October. The purpose is to elect the officers and trustees who serve on the volunteer Executive Board, and to discuss other Association business. Additional Association meetings may be held at other times.
  • The Executive Board is responsible for budgeting and managing Association funds, and for administration of our commonly-owned areas: our entrance walls and landscaping, swimming pool, tennis courts, parking lot, and the land surrounding the pool and courts.
  • Beginning in 2021, a plan has been outlined to rennovate/improve the commonly-owned areas.  The proposed plan can be found in the "Pages and Links" section.
  • The neighborhood newsletter, Smoke Signals, is emailed to each home intermittently to provide updates on the neighborhood.
  • The pool was closed summer of 2020 due to COVID-19 concerns, but we are planning to re-open Memorial Day Weekend 2021, with many updates/improvements!
  • Tennis courts are permanently closed due to poor playing conditions.  This area will be addressed as part of the common area improvement plant in the comming years.


The Indian Hills Directory is distributed annually. It contains an alphabetical listing of all residents, plus telephone numbers, a map, and codes indicating family members who provide babysitting, grass cutting, snow removal, and pet care.

 

The IHRA board primarily communicates information through email via a neighborhood email list.  Neighbors can also submit messages to the communicaitons chair for distribution to the neighborhood.  Messages can include services needed, items for sale, general questions, etc.  The email list is used only for neighborhood communications.  

 

The Association periodically schedules activities such as Easter Egg Hunts, Halloween Parties, pool parties and other events throughout the year.  Upcoming events are emailed out to the neighborhood email list, as well as detailed in the Smoke Signals newletter when possible.

 

Columbus City Zoning Code prohibits parking motor vehicles in the front or side yard. Vehicles must be parked in the garage, on the driveway, or on the street.

As of October 1997, our Restrictive Covenants prohibit new owners from on-site storage of watercraft, trailers, motor homes, RV’s, and commercial vehicles unless they are stored in the garage and out of sight.

The Association strongly recommends that garbage cans and other trash containers be kept out of sight in the garage or back yard.

Indian Hills is a great place to live. We’re glad you’re a part of it. If you have any questions, just call me. Again, welcome!


Sincerely,


Andy Hamilton

President, IHRA

Indian Hills Restrictive Covenants

RESTRICTIVE COVENANTS
INDIAN HILLS

Article I

In pursuance of a general plan for the protection and benefit and the mutual advantage of all the property in said subdivision hereinabove described, and of all of the persons who may now or hereafter become owners of any part of said subdivision, and as part of the consideration for this conveyance, the Grantor executes and delivers this deed of conveyance and the Grantee accepts the same, subject to all and each of the following reservations, restrictions, conditions, easements, charges, agreements, covenants, obligations, rights, uses and provisions, hereinafter referred to as restrictions, which are for the mutual benefit and protection of, and shall be enforceable by, all and any owners of the land above described, and the Grantee, for itself, its successors and assigns, covenants and agrees to keep and perform each of said restrictions and to hold said real estate above described and each lot therein upon the following terms and subject to the following reservations, conditions, easements, charges, agreements, covenants, obligations, rights, uses and provisions and fully and punctually to observe, comply with, perform and carry out the same, to wit:

(a). Said premises shall be used for private residential purposes only. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. This restriction shall include, but not be limited to, a place of public entertainment, boarding house or hotel, tavern, tourist home, dance hall, barber or beauty shop, business or services shop or store of any kind, or the manufacture or sale of spiritous, vinous or fermented liquors.
(b). No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
(c). No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.
(d). No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than three (3) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
(e). No trucks or commercial vehicles shall be parked or stored on the premises unless the same are in a garage or other vehicle enclosure and out of view. Any boat, watercraft, recreational vehicle, motor home, camper, camper van, trailer, fifth wheel, any towed vehicle, or mobile home regularly stored upon any lot or tract, or temporarily kept thereon for periods longer than forty-eight (48) hours, shall be considered a nuisance and must be removed from the Subdivision. The foregoing, however, does not apply to such boats or other vehicles, whether motor driven or towed, as are stored wholly within a private garage.
As an exception, it is provided that any Subdivision property owner who, as of October 31, 1997, possesses and regularly stores upon his/her lot any such boats or other vehicles as described above may continue to store such boats or other vehicles upon his/her lot until such time as that property is sold and provided such storage is in compliance with existing deed restrictions and all city zoning code requirements and regulations. Trucks and commercial vehicles will not be included as part of any exception. To obtain an exception, such property owner(s) must give written notice, including complete boat or other vehicle description, to the Indian Hills Residents Association Executive Board no later than December 15, 1997. It is further provided, however, that upon the sale of any such excepted property, all subsequent owners of that property shall be subject to comply with Article I(e) and shall be prohibited from regularly storing upon that lot any such boat or other vehicles as described above. No exception to Article I(e) shall transfer.
(f). No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
(g). No portion of the within described premises, nearer to any street than the building setback lines, shall be used for any purposes other than that of a lawn nor shall any fence or wall of any kind, for any purpose, be erected, placed or suffered to remain on said premises nearer to any street now existing, or any hereafter created, than the front building lines of the actual building, excepting ornamental railings, walls or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps. Nothing herein contained, however, shall be construed as preventing the use of such portion of said premises for walks, drives, the planting of trees or shrubbery, the growing of flowers or other ornamental plants, or for small statuary entranceways, fountains, or similar ornamentations for the purpose of beautifying said premises, but no vegetables or grains of the ordinary garden or field variety shall be grown thereon; no weeds, underbrush or other unsightly growths shall be permitted to grow or remain anywhere on said premises and no unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.
(h). These reservations, restrictions, conditions, easements, charges, agreements, covenants, obligations, rights, uses and provisions shall bind the Grantee, its successors and assigns, and shall be considered covenants running with the land until the first day of January 1990, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the owners has been recorded, agreeing to change said covenants in whole or in part.


Article II

No excavation shall be made and no buildings shall be erected, nor shall materials be stored upon said premises until two sets of the complete building plans and specifications for the building or buildings on the premises and the elevation and slope and grade thereof, shall have been submitted in writing to Indian Hills Residents Association or its successors or assigns (hereinafter called the “Association”), by the Grantee, its successors and assigns, and the plans and specifications shall have been approved in writing by the Association, which approval shall not be unreasonably withheld or delayed. Upon approval thereof, the Association shall return one copy thereof to the Grantee, together with a certificate of approval thereof. If the Association fails to approve or disapprove such plans and specifications within thirty (30) days after they have been submitted to it, such plans and specifications as have been submitted in accordance with the terms hereof, shall be deemed to have been approved and the requirements fulfilled. If the Association ceases to exist as a corporation, the approval of plans shall not be necessary and the provisions of this paragraph shall be inoperative. All construction work commenced on said premises shall be completed within a reasonable time after the start of the construction, in accordance with the plans and specifications approved by said Association. The Association shall have the right to inspect all such construction work at all reasonable times to ensure compliance with the plans and specifications submitted to it.


Article III
(No longer in effect. Expired 1/1/90 by its own terms.)

The Grantee, its successors and assigns, shall not sell, lease or otherwise dispose of said premises or any part thereof to any person, firm or corporation at any given price without first in writing offering said premises to Indian Hills Residents Association, Grantor herein, at the same price and upon the same terms, and thereupon disclosing the identity of the said proposed purchaser or lessee and furnishing to Said Association a true copy of said sales or lease agreement as executed by the said proposed purchaser or lessee; and said Association shall have thirty (30) days after such offer is made to it and the actual identity of the proposed purchaser or lessee has been proved to said Association, within which to accept such offer at said price, provided, further, that such disclosure of said proposed purchaser or lessee shall be treated as confidential by said Association and shall not be disclosed to any person except insofar as the same may be necessary to enable the Association to determine whether or not to exercise such option.
If said offer is declined and the sale approved, the Association through its duly authorized officers, shall endorse such declination and approval upon the deed consummating such sales contract.
Compliance with each and all of the aforesaid provisions of this Article is a condition of this grant and binding upon each succeeding Grantee until January 1, 1990; and upon breach of any said provision by this Grantee, its successors or assigns, the fee simple title to this property shall revert immediately upon the delivery of a deed not containing such waiver of option and approval of the sale to this Grantor, the Indian Hills Residents Association, and all rights, title, and interest of all the parties to such deed, their heirs and assigns, shall immediately cease and determine and it shall be lawful for this Grantor to enter into said premises and again have, repossess and enjoy the same as if there had been no transfer or transfers of the title to said premises.
Provided, however, that if the Grantee in such an attempted sale shall, within ten (10) days after delivery of the deed, produce the proof required by the first paragraph of this Article and also of the net consideration for such sale, and proffer an adequate warranty deed with title evidence, the Association shall with fifteen (15) days, either pay the bona fide consideration paid by such Grantee, less the realtor’s commission and costs, and less any mortgages and other liens, accept the deed if adequate, or waive the reversion in writing.
Provided, further, that the provisions of this Article shall not be applicable as to any future mortgagee, their successors and assigns, if such mortgagee is a regular corporate lending or insurance institution, provided that such waiver shall apply to eventual purchasers from said mortgagee or their successors or assigns.


Article IV

Each lot is hereby charged with and conveyed subject to a membership fee payable by each duly elected member to Indian Hills Residents Association in the amount of Five Hundred Dollars ($500.00) and shall apply to each successive Grantee elected to membership in said Association and such fee, requirements and lien shall apply to each parcel or lot in said Indian Hills Subdivision, which fee is an obligation and charge payable at time of transfer to each elected successive Grantee of such parcel of land conveyed; and Indian Hills Residents Association shall have first and best lien on said premises to secure the payment of all and each charge and obligation due and to become due, subject only to the lien of the State of Ohio for taxes and the lien of any first mortgage (but not to any junior or second mortgage) on said property.


Article V

The amounts received from such membership fees shall be used by Indian Hills Residents Association, without profit, for any purpose necessary and incidental to carrying out the purpose of the Association and to enable the Association to perform, without profit, the trusts imposed or implied hereby, and for otherwise benefiting said Subdivision as the Association may determine.


Article VI

No nuisance of any character shall be committed, suffered or maintained on said premises, or any part thereof. All lots or parts thereof, on which residences are constructed, shall be graded and landscaped promptly upon completion of such residences, and shall thereafter be maintained neatly and in accordance with the descriptions, plans and specifications thereof. Upon notice from Indian Hills Residents Association, the owner of any lot or part thereof shall forthwith abate any nuisance and/or put such lot or part thereof in good order and in accordance with such plans, descriptions and specifications and upon failure to do so, the Association may summarily abate such nuisance, restore such premises to good order without let or hindrance of the owner, and the cost thereof shall be a lien on such premises until paid, but subject to any first mortgage on said premises, and said Association shall not be liable for any damage at law or in equity.


Article VII

The foregoing provisions, requirements, terms, conditions, restrictions, agreements, covenants, obligations and charges, and each and every one of them, shall be held and considered as running with the land hereby conveyed, and with each and every part thereof except as hereinbefore provided, and shall be construed toward their strict enforcement, whenever reasonable to insure uniformity and enforcement, whenever reasonably necessary to insure uniformity and harmony of plan, development and use of said Subdivision, and if necessary they shall be so extended and enlarged by reasonable implication as to make them fully effective to accomplish such purposes. The reasonable construction placed upon them by Indian Hills Residents Association in good faith shall be final and binding as to all persons and property benefited or bound thereby. The invalidity of any provision, requirement, term, condition, restriction, agreement, covenant, obligation or charge, or any part thereof, shall not affect those remaining or the parts thereof, nor shall any failure by said Association, however long continued (except in case of a specific waiver thereof), to object to any breach of, or to enforce any provisions whatever which are contained herein, be deemed a waiver of a right to do so thereafter, as to the same breach, or as to one occurring prior or subsequent thereto.


Article VIII

Grantee, its successors and assigns, shall not convey or otherwise alienate the premises, or any part thereof, or interest therein, unless such instrument of conveyance or alienation shall expressly provide that the person receiving the same shall accept and be bound by the terms and conditions herein expressed.






ORIGINAL FILING RECORDED 2/13/62.
SUBSEQUENT FILINGS RECORDED 5/17/85, 1/29/91, 11/13/97, 1/3/07, 12/27/16, 1/4/21

Indian Hills Code of Regulations

INDIAN HILLS RESIDENTS ASSOCIATION
CODE OF REGULATIONS


Article I
Meetings of Members

A. Meetings: An annual meeting of the members, for the election of Officers and Trustees and the consideration of the reports laid before such meeting, shall be held in October of each year. When the annual meeting is not held or Officers and Trustees are not elected thereat, they shall be elected at a special meeting called and held for that purpose. A meeting for any other purpose of the members may be called by the President or Vice President or by a majority of the members of the Executive Board. The place of holding meetings of the members shall be specified in the notice of meeting.

B. Notice: A notice of all meetings of members shall be given, as provided herein, by the President, Vice President, Secretary or Assistant Secretary, and shall state the purpose or purposes for which meeting is called and the time and place where it is to be held. Notice shall be given by mailing or hand-delivering to the residents a copy of such notice for each residence containing members of record entitled to vote at such meeting not more than twenty (20) days nor less than seven (7) days before such meeting.


Article II
Voters At Meetings

A. Votes: Every member of the Residents Association shall be entitled to one vote for each residence owned by such member, and one vote for each tract, lot or parcel of land owned by such member and intended to be used as a site for a residence, but upon which no residence has been constructed; provided that where any such lot, tract or parcel of land is owned by two or more persons, such persons collectively shall have but one vote. All land referred to herein means land situated within Indian Hills Subdivision.

B. Proxies: At meetings of members of the Association, any member of record entitled to attend or to vote thereat may be represented and may vote by proxy appointed by a writing signed by such member. No appointment of a proxy hereafter made shall be valid after expiration of six (6) months after it is made, unless the member executing it shall have specified therein the length of time it is to continue in force. In the event that such instrument in writing shall designate two or more persons present at the meeting, or if only one shall be present, then that one shall have and may exercise all of the powers conferred by such written instrument upon all the persons so designated unless the instrument shall otherwise provide.


Article III
Quorum

A. The voting members present in person or by proxy at any meeting, including the election of Officers and Trustees, shall constitute a quorum.

B. To constitute a quorum at any meeting called for the purpose of amending, changing or deleting any Articles of the Code of Regulations, there shall be present in person or by proxy a majority of the voting members of the Association.




Article IV
Executive Board

A. All the capacity of the Residents Association shall be vested in and all its powers and authority, except as otherwise provided, shall be exercised by the Officers, Committee Chairpersons and Trustees, which together shall constitute the Executive Board. The board shall consist of the President, who shall serve as Chairperson, Vice President, Secretary, Assistant Secretary, Treasurer, and three (3) Trustees along with the Chairpersons of the Pool, Tennis, Activities, Blockwatch and Entrance Committees. The Officers and Trustees shall be determined by a majority vote of the members present at the annual meeting for the election of same, and the Committee Chairpersons will within thirty (30) days thereafter be appointed by those Officers and Trustees so elected.

B. The Officers and Committee Chairpersons shall serve terms of one year. The Trustees shall hold office for five (5) years, beginning as follows:
At the election in October 1976, one (1) Trustee will be elected for a one (1) year term, one for a three (3) year term, and one for a five (5) year term, so as to stagger their reelection and provide continuity.

C. Nominations for Officers and Trustees shall be given to the President during September by the Nominating Committee composed of two (2) Trustees and one (1) other member, all of whom shall be selected by the President; or by any other member of the Association and may in addition be made from the floor at the meeting held for the election of Officers and Trustees. After their election, the Executive Board shall solicit the names of interested members to serve as Committee Chairpersons and shall within thirty (30) days thereafter choose said Chairpersons from those interested.

D. All Officers, Trustees and Committee Chairpersons shall serve without compensation.

E. The only qualifications for an Officer, Trustee or Committee Chairperson are that they shall have attained the age of eighteen (18) years and be a member of the Association.

F. A majority of the members of the Executive Board shall constitute a quorum for the transaction of business at an Executive Board meeting.


Article V
Members

A. Membership, Violations and Membership Fees

1. Membership: Every owner of real property in Indian Hills Subdivision and his spouse shall be entitled to a membership in the Association upon payment of their Five Hundred Dollar ($500) membership fee. There shall be no members of the Indian Hills Residents Association except those who are residents of the Indian Hills Subdivision.
2. Violations: By a majority vote of the Executive Board, any member who violates any of the restrictions or conditions imposed upon the land comprising Indian Hills Subdivision may be expelled from membership, and no member expelled may be reinstated without the approval of a majority of the Board.
3. Membership Fee: A membership fee of Five Hundred Dollars ($500) shall be paid for each parcel or lot in Indian Hills Subdivision by each resident prior to or at time of purchase of said residence. This fee will entitle the resident and his family living at the residence to be eligible for membership in the swim, tennis and activities programs of the Association, as well as participate in and vote at the meetings of the Association as described herein.

B. Assessment of Annual Charge

1. Establishment of Annual Charge: A yearly maintenance fee (called “Annual Charge”) of three hundred dollars ($300.00) shall be paid by the owner (called “Owner”) of each lot (called “Lot”) in Indian Hills Subdivision One through Five respectively for the purpose of providing funds for the uses specified in this Article V.B., paragraph 9, below.
2. Annual Statement: Commencing November 1, 1990 and thereafter each subsequent year, the Association, acting through the Executive Board for the purposes of this Article V.B., shall cause a written statement of the Annual Charge to be sent to each owner. The Annual Charge may be billed, however, in annual, semi-annual, quarterly or monthly instalments, as the Executive Board shall determine.
3. Delinquency For More Than 90 Days: If the owner of any lot shall fail to pay the Annual Charge or any instalment thereof within ninety (90) days following the issuance of the statement therefor, the Association shall have the right to institute an action against the owner for a personal judgment, and in addition shall have the right to enforce the lien hereinafter imposed at its option by instituting foreclosure proceedings as provided by law. The amount due by such owner shall include the unpaid Annual Charge or instalment thereof as well as the costs incurred by the Association in bringing such proceedings.
4. Rules and Procedures For Billing and Collecting Assessments: The Association shall have the power and authority to adopt rules and procedures respecting the billing and collection of the Annual Charges, which shall be binding upon all owners, provided that such procedures shall not be inconsistent with the provision hereof.
5. Certification of Status of Assessment: Upon written demand by an owner, the Association shall within a reasonable period of time thereafter issue and furnish such owner a certificate stating that all Annual Charges or instalments thereof (including interest and costs, if any) have been paid with respect to any specified lot as of the date of such certificate or, if all Annual Charges and instalments thereof have not been paid, setting forth the amount (including all interest and costs, if any) due and payable as of such date. The Association may make a reasonable charge for the issuance of such certificates, which must be paid at the time that the request for such certificate is made. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser of, or lender on, the lot in question.
6. Increases in Assessments: At any time after December 31, 1991, the amount set forth in paragraph 1. above, (Establishment of Annual Charge), may be increased for a period of one or more years by the affirmative vote of at least a majority of the voting members of the Association, represented in person, by their written assent or by proxy, and entitled to vote at a meeting (annual or special) called for such purpose. Such majority vote requirement may not be reduced to a lower number.
7. Establishment of Lien: The Annual Charge, both prior to and after each yearly assessment, together with the continuing obligation to pay all future Annual Charges assessed in all future years and all instalments thereof, shall be and remain a first charge against, and a continuing first and best lien upon the lot which shall bind such property in the hands of the then owner, his, her or its heirs, executors, administrators, successors and assigns, and said charge and lien shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon the lot whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instrument, saving and excepting only such liens for taxes or other public charges as are by applicable law made superior thereto, and any first mortgage (but not any junior or second mortgage) liens which shall enjoy priority over the lien for the Annual Charge.
8. Personal Liability for Assessment: In addition to taking subject to the charge and lien imposed by paragraph 7. above, each owner of each lot by the acceptance of a deed or other instrument of conveyance therefor, whether or not it shall be so expressed in such deed or instrument of conveyance, and every other owner, regardless of how title to the lot was acquired, shall be deemed to have agreed to be personally liable for the payment of the Annual Charge assessed by the Association against such lot in each year during any part of which such owner holds title to such lot.
9. Application of Assessments: The Association shall apply all funds constituting the Annual Charges received by it pursuant to these Restrictions, and all other funds and property received by it from any source, in the order stated:
a. Administrative costs and expenses incurred by the Association in the exercise of its powers, authority
and duties.
b. The promotion of the creation, health, safety and welfare of the users of the common areas and entrances, and the enhancement of the values and amenities of the lots in the Indian Hills Subdivision, by means of the construction, repair, maintenance, operation and administration of the common areas and entrances, including, but not limited to, the payment of taxes and insurance premiums on the common areas and entrances, the cost of purchase, construction, repair, replacement and additions thereto, and the cost of labor, equipment, materials, utility services, management and supervision with respect thereto.
Article VI
Duties of the Executive Board

The Executive Board shall transact the daily business of the Association and perform the duties consistent with and incidental to their respective offices, or as may be required by the members, including but not limited to the following:

A. The Chief Executive Officer of the Association is the President, who shall preside at all meetings of members and of the Executive Board, keep records of members entitled to vote, and sign any documents, deeds or records thereof.

B. The Vice President shall perform all the duties of the President, in case of the latter’s absence or disability.

C. The Secretary shall keep an accurate record of the acts and proceedings of the members and the Board, give all notices required by law and by the acts of the members and the Board.

D. The Assistant Secretary shall aid the Secretary in the performance of such duties.

E. The Treasurer shall receive and safely keep all money and property belonging to the Association and disburse same, under the direction of the members and the Executive Board, and shall keep an accurate account of finances in the Association books especially provided for that purpose and hold the same open for inspection and examination by any member at reasonable hours.


Article VII
Regulations Amended

These regulations may be amended, repealed, or changed by the affirmative vote of any combination of the voting members of the Association consisting of a majority of such members, whether (1) by their assent in writing, (2) by Proxy, or (3) by their presence at a duly called meeting for that purpose.




ORIGINAL FILING RECORDED 10/76.
SUBSEQUENT FILINGS RECORDED 5/17/85, 1/29/91, 1/3/07, 12/27/16, 1/4/21

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Columbus, Ohio 43235

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