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 Association or their respective successors, assigns, or employees, shall be held liable in damages to anyone submitting plans and specifications to them for approval, or to any Owner affected by this Declaration, by reason of mistake in judgment, negligence or nonfeasance ansmg out of or in connection with the approval, disapproval or failure to approve any such plans and specifications. Every person who submits plans and specifications to the Committee for approval agrees, by submission of such plans and specifications, and every Owner or Occupant of any Blackthom Lot, by acquiring title thereto, or an interest therein, that they will not bring any action or suit against the Committee, the Commission, the Authority, the City or the Association to recover any such damages. 5.9 Limitation of Action. Notwithstanding anything to the contrary herein contained, after the expiration of one (1) year from the date of issuance of a building permit by the appropriate governmental authority for any Improvement, or three (3) months after the completion of any Improvement, whichever is later, said Improvements shall, in favor of purchasers and encumbrances, be deemed to be in compliance with all provisions of this Article, unless actual notice of noncompliance or non - completion, executed by the Association, shall appear of Record of the Official Records, or unless legal proceedings shall have been instituted to enforce compliance or completion. ARTICLE VI OWNER'S ASSOCIATION AT BLACKTHORN 61 Formation of Association. The Declarant shall cause to be incorporated a not - for -profit corporation under the laws of the State of Indiana, to be called the Owner's Association at Blackthom. The Association shall be governed in accordance with the Articles and Bylaws of its incorporation. The Bylaws may further define the rights and obligations of the Association and its members, but this Declaration shall govern, in the event of an inconsistency between these Covenants and the Bylaws. 6.2 Purposes of the Association. The purposes of the Association are as follows: a. to enforce these Covenants; b. to maintain certain common landscaped areas; c. to receive, account for and budget funds belonging to and/or entrusted with the Association, including without limitation; Review Fees, dues, or assessments; for the operation, maintenance and/or benefit of the Owners at Blackthom; d. to pay the expenses of the Committee as budgeted herein; e. to appoint the members of the Committee from and after the date the Declarant ceases to make such appointments; to assume such other obligations with respect to Blackthom as the Association deems appropriate; and 11 Blackthorn Corporate Center - Covenants & Restrictions 411193