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No. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines
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No. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines
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5.8 Liability. Neither the Committee, the Commission, the Authority, the City or the <br />Association or their respective successors, assigns, or employees, shall be held liable in <br />damages to anyone submitting plans and specifications to them for approval, or to any <br />Owner affected by this Declaration, by reason of mistake in judgment, negligence or <br />nonfeasance ansmg out of or in connection with the approval, disapproval or failure to <br />approve any such plans and specifications. Every person who submits plans and <br />specifications to the Committee for approval agrees, by submission of such plans and <br />specifications, and every Owner or Occupant of any Blackthom Lot, by acquiring title <br />thereto, or an interest therein, that they will not bring any action or suit against the <br />Committee, the Commission, the Authority, the City or the Association to recover any <br />such damages. <br />5.9 Limitation of Action. Notwithstanding anything to the contrary herein contained, after the <br />expiration of one (1) year from the date of issuance of a building permit by the appropriate <br />governmental authority for any Improvement, or three (3) months after the completion of <br />any Improvement, whichever is later, said Improvements shall, in favor of purchasers and <br />encumbrances, be deemed to be in compliance with all provisions of this Article, unless <br />actual notice of noncompliance or non - completion, executed by the Association, shall <br />appear of Record of the Official Records, or unless legal proceedings shall have been <br />instituted to enforce compliance or completion. <br />ARTICLE VI <br />OWNER'S ASSOCIATION AT BLACKTHORN <br />61 Formation of Association. The Declarant shall cause to be incorporated a not - for -profit <br />corporation under the laws of the State of Indiana, to be called the Owner's Association at <br />Blackthom. The Association shall be governed in accordance with the Articles and <br />Bylaws of its incorporation. The Bylaws may further define the rights and obligations of <br />the Association and its members, but this Declaration shall govern, in the event of an <br />inconsistency between these Covenants and the Bylaws. <br />6.2 Purposes of the Association. The purposes of the Association are as follows: <br />a. to enforce these Covenants; <br />b. to maintain certain common landscaped areas; <br />c. to receive, account for and budget funds belonging to and/or entrusted with <br />the Association, including without limitation; Review Fees, dues, or <br />assessments; for the operation, maintenance and/or benefit of the Owners <br />at Blackthom; <br />d. to pay the expenses of the Committee as budgeted herein; <br />e. to appoint the members of the Committee from and after the date the <br />Declarant ceases to make such appointments; <br />to assume such other obligations with respect to Blackthom as the <br />Association deems appropriate; and <br />11 Blackthorn Corporate Center - Covenants & Restrictions 411193 <br />
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