Highlights from the Amended Declaration of Covenants, Easements, and Restrictions of Bentley Court
(This is not intended to be a legal document or supersede the actual original document – it is for reference and convenience only. Should any questions arise, please refer to the original and complete language. Bolded terms are to be used for quick topic identification and are not otherwise of additional significance.)
2A Every lot is a residential lot and only for single family dwellings.
2B No outbuildings are allowed.
2C All houses must be substantially complete before they are occupied.
2D All tracts are subject to easements, restrictions, and limitations of record, and to all government zoning authority and restrictions.
3A No lots sizes may be changed from the original. Every house has to have at least two bedrooms, a one-car attached garage and at least 1000 square feet of living area.
3Bi No houses or buildings can be added except as in the amended declaration.
3Bii Lots are bounded by “side lines” that go from the road to the back of the lot, and “rear lines” that are farthest from the road and substantially parallel to the road. Corner lots may use either road to determine their rear lines.
3Biii Houses must be a minimum of 15 feet from the right-of-way lines, except as permitted in the City of Bloomington Municipal Code.
3Biv Houses must be a minimum of 12 feet from the side lines of their lot.
3Bv Unless otherwise set on the plat itself, houses must be 25 feet from the rear line of their lot.
3Bvi Minimum setback distances for houses do not apply to sidewalks, driveways, porches or decks.
3C The following items must be approved by the Developer as to size, location, height and composition before installation: fences, light fixtures, basketball goals, or similar structures. Fences must be approved in advance and must be wood or masonry material with no chain-link or farm fences allowed. All fences must be less than or equal to 6 feet high, and no fence can extend forward of the furthest front corner of the house. Fencing style and color must be consistent as determined by the Developer. The Builder must finish grade and seed or sod the lot.
3Di All utility facilities will be underground unless the supplier requires otherwise.
3Dii Driveways must be concrete or asphalt material.
3Diii No parking on the lots is allowed other than on the driveways.
3Div All houses must have a continuous sidewalk from the driveway to the front porch.
3Dv Garage doors must be of hard-board or wood material.
3Dvi Utility meters and HVAC units should be placed out of sight of the front of the house whenever possible.
3Dvii Outside fuel storage tanks are not allowed above ground and gasoline storage is not allowed either above or below ground.
3Dviii Windows must be factory or on the job painted (no raw aluminum windows), with an approved thermal break.
3Dix Gutters and downspouts must be factory or on the job painted.
3Dx Roofing must be cedar shingles of at least 3/8 inch thick.
3Dxi Roofs must be pitched at nine to twelve (9:12) or greater, except where they were originally built otherwise.
3Dxii No metal, fiberglass or similar materials can be used for awnings or patio covers, except on rear windows, which may have acrylic or canvas awnings.
3Dxiii No above-ground swimming pools are allowed.
3Dxiv No modular-type construction is allowed.
3E Each house must have a heating plant capable of heating the home for year-round living. Heating plants have to include ductwork for central air conditioning.
3F Damaged (due to fire or otherwise) structures must be fixed within 60 days.
3G No used or modular homes can be placed on a lot, and all homes built must be constructed with substantially all new materials.
3H All lots must have access from the interior streets in the development. No direct access is allowed from Winslow Road.
3I Lots must be maintained at all times by the Owner. By purchasing a lot, Owners agree that failure to observe or perform any obligation in section 3I will constitute a nuisance. In addition to whatever is provided in this document to handle a nuisance, Owners may take corrective actions reasonably necessary to abate it. The cost of that (plus a reasonable service charge, attorney’s fees, and cost of collection) will be the personal obligation of the Owner and will be a continuing charge and lien on the lot. Collection may be pursued in any legal manner, including foreclosure.
3Ii All lawns must be mowed often enough to prevent unsightly growth of vegetation and weeds. Landscaping must be tended with good husbandry.
3Iii No debris or rubbish may be left on lots.
3Iiii No conditions can be allowed to exist that detract from or diminish the aesthetic appearance of the neighborhood.
3Iiv Dead trees must be cut down and removed, and stumps must be brought down to ground level.
3Iv Exteriors must be repaired and maintained such that they don’t become unsightly.
3Ivi Toys, furniture, lawn or garden furniture, equipment or materials cannot be stored or left in the front yards.
3J By purchasing a lot, Owners agree that if an Owner fails to fully observe and perform any of the obligations, covenants, conditions or restrictions, and has been given written notice by another Owner plus 10 days thereafter to remedy the problem, any Owner can begin legal proceedings against that Owner, and can take any necessary actions allowed legally to correct the problem once proceedings have been initiated. The defaulting Owner found responsible will have to pay all costs, including reasonable attorney’s fees and the cost of collection, incurred by the prevailing Owner to remedy the situation. Collection may be pursued in any legal manner, including foreclosure.
3K Liens are subordinate to mortgages. Sale or transfer of any Lot won’t affect the lien.
4 Installing, maintaining, repairing and replacing municipal, public and other utility facilities is permitted for drainage facilities, sanitary sewer and water lines, gas and electric lines, communication lines, including cable television lines (and anything similar or functionally related) in easement areas. Anyone doing such work must restore the disturbed areas to the condition in which they were found, insofar as is reasonable. No structures (other than yard fences, drives and walkways) can be built in easement areas.
5A No outside toilets (except during construction) are allowed. No sanitary waste or other wastes, including discharge from floor drains, can be put down the storm drains. No noxious or offensive activities allowed, and nothing that will become an unreasonable annoyance or nuisance to another Lot Owner is allowed. No one enforcing these provisions is liable for any damage resulting from the enforcement activities.
5B All sewage lines must be in accordance with the provisions and requirements of the City of Bloomington.
5C No signs (including For Sale signs) can be nailed to trees or attached to street signs in the development. No signs are allowed in public view on any Lot other than (i) a one family name sign less than or equal to 144 square inches, (ii) a For Sale or For Rent sign of less than or equal to 20 inches by 30 inches with the seller’s name, seller’s agent or lessor, and phone number.
5D No animals other than usual household pets are allowed. Pets must be kept in fenced areas or on leashes when outside.
5E No campers, trailers, recreational vehicles, boats, commercial vehicles or similar vehicles other than family passenger vehicles can be parked on any street in the neighborhood, unless in the garage with the door closed so the vehicle is not visible except for 12 hours or less.
5F No burning or burying trash is allowed. Every house must have a garbage disposal. No accumulating trash, except in approved receptacles, outside.
5G Trash (ashes, trash, rubbish, garbage) receptacles must be out of sight at all times except during trash pickup times.
5H No model homes or exhibit houses by anyone other than the Developer or a Builder are allowed.
5I No overnight camping on any lot is allowed. No temporary houses, basements, trailers, tents, garages, or other structures for use as temporary residences except as approved by the Developer.
5J Owners must keep all open storm drainage ditch or swales on their Lots continuously unobstructed and in good repair. Owners must install dry culverts between the road rights-of-way and their Lots as necessary.
5K Utility facilities must be underground unless the utility supplier requires otherwise. No utility installations are permitted under roads except by jacking, drilling or boring.
5L No wells or septic tanks are allowed.
5M Exposed antennas must be less than or equal to 5 feet in height above the roof peak of the house on which they are installed.
5N No solar heat panels can be installed on the roofs visible from the front or the back of any house in the Development. Solar heat panels can be installed on the ground if they are enclosed and are in the rear of the Lot.
5O Lots bordering Sherwood Oaks can’t have any construction (other than patios and decks) within 25 feet of the property line, and must maintain the vegetation buffer within that area except as needed for maintenance.
6 The homeowner’s association (HOA) has the same rights as any individual Owner to enforce obligations, covenants, conditions and restrictions.
7 Any Owner with two adjacent Lots with one single family home will be treated as owning a single Lot for the purpose of the restrictions, as long as there is only one home. No double family homes are permitted.
8A Owners, the Developer, or the HOA may take action (within legal limitations and as provided by in this document) to prevent or discontinue any violation of the Restrictions. However, the Developer and the HOA are not liable for damages for failing to abide by, enforce, or carry out the Restrictions.
8B The City of Bloomington doesn’t have the power to enforce the covenants, restrictions or limitations except as they are in favor of the City. The City of Bloomington can enforce its own rules.
8C Delays or failures to enforce don’t constitute waivers of the rights to enforce later.
9 Becoming an Owner of a Lot implies agreement to be bound by all of the rules and authorities herein.
11A The Declaration is effective for 20 years initially (June 7, 1988 to June 7, 2008) and automatically for 10 year terms thereafter, forever, unless both the Owners of at least 90% of the Lots and the Mortgagees of at least 90% of the Lots vote to terminate the Declaration, in which case the Declaration terminates at the end of the term during which the vote was taken. All easements created or reserved in the Declaration, however, and any streets made public in the Declaration, will be perpetual unless otherwise indicated, whether or not the Declaration is terminated.
11B The Developer can continue to amend the Declaration without approval of anyone else, in order to bring the Declaration into compliance with certain public agencies as long as the Developer owns any Lots in the development. The Developer cannot, however, make any amendments which have materially adverse effects on the rights of any Mortgagee or impair the benefits of the Restrictions to any Owner, or substantially increase obligations on Owners.
12 No breaches of the Restrictions defeat liens on any mortgage. Anyone purchasing Real Estate under foreclosure of any mortgage must adhere to the Restrictions.
13 All of the Restrictions are independent (severable).
14 Streets in the development are dedicated to the public.
15 This Declaration supersedes the Declaration recorded October 9, 1987.