DEER PATH OF NOBLESVILLE

a  Beazer Homes  and  Centex Homes  community

 

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Note:  Although we have made every attempt to make these responses accurate, we reserve the right to be human and make an error. If you see something that does not appear to fit your understanding, please contact a resident director to have your concern(s) addressed.


 Frequently Asked Questions

       Board of Directors

           1.   What does 'HOA' stand for?
           2.   Why is there a homeowner's association Board of Directors?
           3.   What are the responsibilities of the Board of Directors?
           4.   Who can serve on the Board of Directors?
           5.   Who votes and when do they vote for the officers of the homeowner's association?
           6.   What does it take to change the covenants?
           7.   Do board members receive compensation for their work?
           8.   Who are my resident directors, and how do I contact them?
           9.   Are there rules in place to settle homeowner disputes?
 

       Community Features

            1.    Where is your community located?
            2.    How many homes does your community have?
            3.    Do you have any homes for sale?
            4.    How much are your association dues?
            5.    What services does the association provide?
            6.    What are the typical homeowner responsibilities in your community?
            7.    What are some features of your homes?
            8.    Does your community have a clubhouse?
            9.    Does your community have a pool?
          10.    How can I request more information?
 

      Changing Your Property

           1.   What is architectural control?
           2.   What types of items require review by the board?
           3.   What can I expect if I change something without prior approval?
           4.   How can I make an architectural request?
           5.   When selling my home, who should I contact at the property management company?
 

                 Other / Miscellaneous

                     1.   What school district is Deer Path located in?
                     2.   Who are my state legislators?
                     3.   Who are my U.S. Congressional representatives?
                     4.   How can I learn more about area construction?
 

What does 'HOA' stand for?

'HOA' stands for homeowner's association. The Deer Path Homeowner's Association Inc. is a legal entity that each property owner in the community becomes a member of when they agree to buy their home. The association is responsible for the upkeep of the common areas, financial management, covenant and rule enforcement, and management of the neighborhood.

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Why is there a homeowner's association board of directors?

The board of directors is required by the covenants and the Articles of Incorporation. These documents stipulate that there be elected board members who each serve one-year terms. In the absence of elected board members, others can be appointed to serve the remainder of the open seat's term.

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What are the responsibilities of the Board of Directors?

The Deer Path HOA Board of Directors consists of homeowners democratically elected by other homeowners. Elections to the Board are held at the Deer Path HOA annual meeting, and members typically serve one-year terms. During the initial development of the community, the Board is often composed of members selected by the developer (or "Declarant") to ensure the community is completed as originally planned.

As in other forms of representative government (federal, state and local), the association members elect persons whom they believe will devote the time and will best represent their interests. The Board representatives have a fiduciary duty to use good business judgment and to put the best interests of the entire community ahead of their own personal interests.

The Board is empowered to make all of the operational decisions affecting the community association, with the exception of certain powers which are specified in the governing documents and reserved exclusively for the membership (such as approval of special assessments or increases to annual assessments above a particular amount, or election and removal of directors).

The Board is required to comply with all of the mandates cited within the governing documents, and should also represent the collective needs and desires of the membership. The Board usually has the authority to determine the broad range of quality and quantity of services provided by or for the association. For example, if the governing documents state that the association shall be responsible for the maintenance of the grounds, the Board may either select a contractor to perform a minimal level of service, or hire a full-time on-site grounds crew to provide the highest level of care - choices which result in a correspondingly wide-range of costs to the members.

One of the most important functions of the Board is to establish the organizational structure for the community association. The organizational structure determines a chain of command to specifically assign the tasks and duties of the community association to a management team and committees of the Board. The management team may consist of a combination of volunteers, paid employees or a contract management company and its subsidiary firms. Once established, the organizational structure should not be changed unless significant improvements or changes are needed.

The Board is ultimately responsible for the oversight of the community association ("the buck stops with the Board"). Although the Board may retain and delegate some of its duties to volunteers, contractors and professionals, the Board is still ultimately responsible for the duties it may have assigned to others.

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Who can serve on the Board of Directors?

Anyone can serve as a Director as long as they are in Good Standing with the HOA. Individuals who volunteer their time to be / run for the Board of Directors or to serve on a committee are people who have the time to serve the community and are well informed about the legal documents for Deer Path. This service is strictly voluntary and there is no compensation for one's efforts except for the fruits of his/her labors shown at the end of the year.

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Who votes and when do they vote for the officers of the homeowner's association?

The annual HOA meeting takes place in the fall of each year. All homeowners who are present or by proxy are eligible to vote on matters concerning association business, including election of officers. In general, renters and non-community members are not eligible to vote or serve on the board of directors.

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What does it take to change the covenants?

Permanent changes to the covenants can only be made upon consent of two-thirds of all homeowners. Once consent is obtained, moreover, an attorney has to draft a new set of documents, and record the amended documents with the Hamilton County Recorder.

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Do the board members receive compensation for their work?

Board members are volunteers, and do not receive any compensation for their time. If they incur expenses for the association, they can be reimbursed.

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Who are my resident directors and how do I contact them?

The 2009 resident directors are Steve Shannon and Kris Greenawalt, both Deer Path homeowners. The best way to reach them is via e-mail at SShannon@deerpathhoa.org or KGreenawalt@deerpathhoa.org. Additionally, for homeowner or association issues you can contact the property manager directly. You can call Becky Cruse or Sarah Richardson during business hours, or you can email them at their individual email address. If you prefer, you can also put your request, issue or concern in writing to the management company.

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Are there rules in place to settle homeowner disputes?

NO. Unless the problem is one causing a common area problem or a direct violation, homeowner disputes should be settled between the person(s) involved. The Board of Directors is not there to serve as referee between neighbors. In any community, whether governed by an Association or not, homeowners run into personality clashes, pet problems, and other neighborhood issues. Often, the problem can be easily resolved to the satisfaction of both parties with no hard feelings, with open communication between the parties. If not there are other legal means in place to help address such matters.

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Where is your community located?

The three communities that comprise Deer Path (Preserve at Deer Path, Enclave at Deer Path, and the Meadows of Shelbourne at Deer Path) are located on SR 238 (Greenfield Avenue), approximately two miles west of I-69, and between Boden Road and Summer Road. Deer Path is located in Hamilton County, Wayne Township, and within the City of Noblesville.

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How many homes does your community have?

Collectively the Deer Path communities currently have over 1,000 homes. The master plan calls for a total of nearly 1,600 homes.

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Do you have any homes for sale?

Homes for sale are listed on another page of this website.

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How much are your association dues?

Our current association dues are $300 annually, payable on January 1 of each year. Dues are considered late if not paid by February 1.   

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What services does your association provide?

Property Management:  The property manager is the primary point of contact for most homeowner issues. This person can help the homeowner with architectural requests, billing questions, and other homeowner inquiries. The property manager also obtains bids and provides oversight during contract negotiations for capital improvements in the community.

Common Area Maintenance:  The association is responsible for fertilization of common areas, treatment of any lakes, mowing and replanting of the grass and trees when necessary, and maintenance of any other improvement within the Common Area, including any pool.

Signage:  The association is responsible for maintenance of any entrance signs; permanent subdivision identification sign; trails, mounding, and landscaping installed by the association in any common area; landscape easement; landscape maintenance easement; or landscape maintenance access easement.

Street Lights:  The association is responsible for maintenance of any street lights installed by the association, and which are not located on any lot.

Board of Directors Meetings:  Once a year the property manager will conduct the annual Deer Path Homeowners Meeting. Special meetings will also be called as the need arises, such as for community concerns, special assessments, etc.

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What are the typical homeowner responsibilities in your community?

When someone purchases a home in Deer Path, a deed restriction on that property provides that the property owner automatically becomes a member of the Deer Path Homeowners Association, and continues to be a member of the association until they no longer own the property.

Just as the homeowners association has certain responsibilities to its members, the members also have certain legal responsibilities to the homeowners association. These responsibilities can typically be categorized into three areas

  • Comply with the deed restrictions in the governing documents and rules & regulations lawfully adopted by the Board

  • Comply with the architectural control restrictions

  • Pay the homeowners proportionate share of the expenses to operate the association.

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What are some features of your homes?

For more information on home models and amenities, please contact Centex Homes or Beazer Homes.

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Does your community have a clubhouse?

No.

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Does your community have a pool?

Yes.

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How can I request more information?

Additional information is available from our property manager, or by contacting one of our resident managers.

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 What is architectural control?

Architectural control restrictions are designed to maintain the aesthetic harmony of the community, and thereby also to protect property values. When a community was first constructed, it likely conveyed a certain look and feel to provide design consistency - which made it easy for the initial developer to market the community to prospective homeowners. Over time, residents will make modifications to the exteriors of their homes - whether necessary or not - such as changing the paint color or roofing materials, and the addition of landscaping, fences, decks and play areas. Without an architectural standard, these gradual changes can easily affect the appearance of the community. Even for condominium owners, they may wish to change the color of their door, or paint their balconies a unique color. These gradual changes may be perceived as weakening the spirit of common design and neighborhood aesthetic, which may then affect property values.

Appearance is not only limited to upgrades or changes, but also to neglect. Not everyone takes pride in the appearance of their home and yard. Imagine how you would feel to live next door to a home where the grass was not cut and the landscaping consisted of dead bushes, paint that is peeling on the house, and an old trailer with a torn tarp is parked in the street. Architectural control standards help ensure that this situation does not happen with your neighbors, so that your - and their - property values are protected.

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What types of items require review by the board?

Board review and approval is required for any exterior changes, including additions or modifications to the original home structure. If you are thinking of installing or replacing a fence, repairing or adding a sunroom, building a backyard deck, adding a shed, or making other modifications to the home structure you must obtain approval from the architectural review board before work begins. This is to ensure that all work complies with the original design and scheme of the community, and to help maintain everyone's property values.

If you are unsure whether pre-approval is necessary, it is best to check with the entire board or our property manager first. Changes/modifications that do not comply with the community's design and scheme will be addressed by the board, and may result in litigation.

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What can I expect if I change something without prior approval?

The board's desire is to work with the homeowner to prevent problems from surfacing. However, the following procedures have been developed in case they are needed:

  • If a covenant violation or unapproved change is observed by the board of directors or the property manager, the property manager will send a letter to the homeowner, giving him/her time to correct the violation(s).

  • If the violation(s) is not corrected then a second letter is sent to the homeowner, giving him/her additional time to correct the violation(s).

  • If the violation(s) remains uncorrected after the second letter, the matter may be turned over to the association's attorney, who will send a letter with an invoice for his time to the homeowner.

  • Once the homeowner receives notification from the association's attorney, s/he is required to pay the attorney's fees, and correct the violation.

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How can I make an architectural request?

Architectural request forms can be printed from this website, or downloaded onto your computer for future use. This form is located on our documents page. If you prefer, you can also obtain a form from our property manager. To do so please contact Becky Cruse at (317) 684-3333; or via e-mail at bcruse@cas-indiana.com.

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When selling my home, who should I contact at the property management company?

Community Association Services of Indiana provides customers a Resale Department with individuals whose main objective is to help your buyer and yourself complete your transaction in a timely manner. If you would like an account statement to learn if any dues are outstanding, would like more information, or need assistance as you prepare to sell your home, give us a call.

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What school district is Deer Path located in?

Many Deer Path homeowners are located within the Hamilton Southeastern School District. Specific schools within the district include Durbin Elementary, Fall Creek Intermediate, Hamilton Southeastern Junior High, and Hamilton Southeastern High School. Some homeowners, however, are part of the district for Thorpe Creek Elementary, Sand Creek Intermediate, Fishers Junior High, and Fishers High School. For more specific information on area school districts, please visit the following website: http://www.hse.k12.in.us/maps.htm

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Who are my state legislators?

Deer Path homeowners are located in Senate District 20, and House District 29. The current officeholders are Senator Howard A. 'Luke' Kenley, and Representative Kathy Kraig Richardson respectively. 

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Who are my U.S. Congressional Representatives?

Deer Path homeowners are currently represented in the U.S. Senate by Senator Richard G. Lugar and Senator Evan Bayh; and in the U.S. House of Representatives by Representative Dan L. Burton (District 5). 

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How can I learn more about area construction?

Several current construction projects in the area impact Deer Path homeowners. These include (1) construction of the new Saxony Corporate Campus; and (2) Construction of new apartments at the corner of Boden Road and Greenfield Avenue. For more information on these projects, to include timetables, project funding, and project completion, please visit the Noblesville Engineering Department website.

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Deer Path Homeowners Association.
 11711 N. College Avenue, Suite 100 | Carmel, IN  46032 | 317.875.5600
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Last modified:  01/04/2009