All documents Governing document

The First Amendment.

The 2006 amendment to Indigo's CC&Rs that added roof and balcony decks and rewrote the parking and vehicle rules. These changes override the original wording.

SignedJuly 19, 2006
RecordedJuly 21, 2006
Clark CountyInst. 20060721-0003739
DeclarantRyland Homes Nevada, LLC
What changed

Six months in, the rules changed.

In July 2006 the builder amended the CC&Rs to add the rooftop decks Indigo is known for and to rewrite the parking rules. Here's the short version.

Roof decks and balcony decks

Adds definitions for the optional third-story Roof Deck and second-story Balcony Deck.

Items 1 & 3

Deck rules

No pools, hot tubs, spas, saunas, trampolines or charcoal barbecues on decks, ever. Other items need Architectural Committee approval unless the guidelines say otherwise. Nothing may be attached to pony walls.

Item 4

Exterior changes need approval

No change to the outside of a home, roof deck, balcony deck or garage without prior written approval from the Architectural Committee.

Item 5

Garage rule relaxed

Owners no longer have to park one car in the garage before using the driveway. One vehicle must fit in the garage and/or driveway.

Items 6 & 7

Stricter vehicle rules

No inoperable, unregistered or large commercial vehicles on driveways or streets, and no RVs or trailers on the streets except 24 hours for loading. One pickup or van, up to one ton, may park at the curb in front of its owner's home.

Item 8

Signed by the builder

Ryland Homes made this amendment while it still owned all of the original lots and controlled every vote.

Preamble

These summaries are a resident's plain-English reading, not legal advice. The recorded text below is what actually governs.

Full text

Read the whole thing.

Transcribed word for word from the recorded First Amendment. Where this transcription and the recorded original differ, the recorded document controls.

(Declaration recorded February 27, 2006, in Book 20060227, as Instrument No. 00295, Clark County, Nevada, Recorder)

This First Amendment (the "First Amendment") to Declaration of Covenants, Conditions and Restrictions (the "Declaration") of INDIGO HOMEOWNERS' ASSOCIATION, a Common Interest Community (the "Association") is made this 19th day of July, 2006, by Ryland Homes Nevada, LLC, a Delaware limited liability company (the "Declarant") under authority of Section 11.3 of the Declaration [as of the date of this First Amendment, Declarant owns all of the Original Property (as defined in the Declaration) and as a result controls the entire Voting Power of the Association].

Declarant hereby amends the Declaration as follows:

1Adds Section 1.9A: "Balcony Deck"

New Section 1.9A, called "Balcony Deck" is added as follows:

See CC&R §1.9 in context
New text"Section 1.9A Balcony Deck means an optional second story outdoor balcony deck available on certain Dwellings within the Community."

2Replaces Section 1.30: "Improvement"

Section 1.30 Improvement, is replaced in its entirety as follows:

See CC&R §1.30 in context
New text"Section 1.30 Improvement (or Improvements) means any structure or appurtenance thereto of every type and kind placed in the Property, including without limitation, the construction, installation, alteration or remodeling (further including exterior painting) of the same, subject to the use restrictions set forth herein, including, but not limited to, Dwellings (and any applicable Roof Deck or Balcony Deck) and other buildings, walkways, sprinkler pipes, garages, swimming pools, spas, and other recreational facilities, streets, roads, driveways, parking areas, fences, screening walls, block walls, stairs, decks, landscaping, antennae, sky-lights, utility lines, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air conditioning and water-softener fixtures or equipment."

3Adds Section 1.50A: "Roof Deck"

New Section 1.50A called "Roof Deck" is added as follows:

See CC&R §1.50 in context
New text"Section 1.50A Roof Deck means an optional third story outdoor deck available on certain Dwellings within the Community."

4Adds Section 7.8A: Roof & Balcony Deck Rules

New Section 7.8A called "Architectural Committee Guidelines, Rules and Regulations Pertaining to Roof and Balcony Decks" is added as follows:

See CC&R §7.8 in context
New text"Section 7.8A Architectural Committee Guidelines, Rules and Regulations Pertaining to Roof and Balcony Decks. The Board of Directors, under authority of Section 7.5 above, shall adopt Architectural Guidelines, Rules and Regulations in connection with uses that may affect Roof Decks and Balcony Decks and which will reasonably address the impact of furniture, plants, equipment and other personal property placed on Roof Decks or Balcony Decks to the view, privacy and/or quiet enjoyment of other Owners in the Community. Owners must submit to the Association's Architectural Committee a written request for approval for any items to be placed on Roof Decks and Balcony Decks, unless otherwise specified in the Architectural Guidelines, Rules and/or Regulations. In all instances, the installation of a pool, hot tub or spa of any kind, sauna, trampoline, and/or charcoal barbecue(s) is strictly prohibited, together with, but not limited to, any other items specified in the Architectural Guidelines, Rules and/or Regulations.
New textThe foregoing prohibitions are based in part on the weight bearing capacity of the Roof Decks and Balcony Decks as well as other safety concerns. The Las Vegas valley frequently experiences high winds, therefore care must be taken to ensure the capacity of the pony walls on Roof Decks and Balcony Decks to contain items placed thereon. Each Owner is personally responsible to maintain and not compromise the structural integrity of the pony walls on the Owner's Dwelling. Therefore, no permanent structure or Improvement may be attached to a pony wall unless the Owner demonstrates to the Architectural Committee's satisfaction that such structure or Improvement enhances the structural integrity of the pony wall."

5Replaces Section 8.1: "Alterations"

Section 8.1 Alterations, is replaced in its entirety as follows:

See CC&R §8.1 in context
New text"Section 8.1 Alterations. No Improvement to the exterior of a Dwelling, including any Roof Deck, balcony deck, garage, or other structure on a Lot may be altered, remodeled, decorated or modified in any other way except with the prior written approval of the Architectural Committee."

6Changes Section 8.5: "No Parking Areas"

The fourth sentence in Section 8.5, No Parking Areas, which reads, "Each Owner must be able to park at least one (1) vehicle in the Owner's garage before parking the Owner's other vehicle(s) in the Owner's driveway or other designated parking space", is hereby deleted and replaced with the following:

See CC&R §8.5 in context
New text"Each Owner must be able to park at least one (1) vehicle in the Garage and/or driveway, or as otherwise set forth in the Rules and Regulations."

7Changes Section 8.6: "Garages"

The second sentence in Section 8.6, Garages, which reads, "All Garages must be free of obstruction so as to allow for storage of vehicles within", is hereby deleted and not replaced.

See CC&R §8.6 in context

8Replaces Section 8.12: "Parking and Vehicular Restrictions"

Section 8.12 Parking and Vehicular Restrictions, is replaced in its entirety as follows:

See CC&R §8.12 in context
New text"Section 8.12 Parking and Vehicular Restrictions. In addition to the parking restrictions set forth in Section 8.5, Owners, Residents or respective guests thereof, shall not park, store or keep on their driveway or on any street within the Community, any disabled, inoperable, unregistered, or unlicensed vehicle; or any large commercial type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck, or any similar vehicle). No Owners, Residents or respective guests thereof, shall park, store or keep on any street within the Community any recreational vehicle (including, but not limited to, any bus, camper, house car or motor home, trailer, trailer coach, camp trailer, water craft, aircraft, mobile home or any inoperable vehicle); provided that recreational vehicles may be kept or parked wholly enclosed within an Owner's Garage as originally constructed by Declarant. Notwithstanding the foregoing, one (1) pickup truck, camper truck, van or similar vehicle, up to and including one (1) ton, when used for daily transportation of Owners, Residents or respective guests thereof, may be kept or parked within a driveway or enclosed Garage, or in a lawful manner along the curb on the street in front of such Owner's Dwelling. There shall be no parking at any time of any recreational vehicle in any driveway or along any curb on any street, except for reasonable temporary loading and unloading in front of the Owner's Dwelling (but in no event shall any such vehicle be so parked for more than twenty-four hours). No Owner shall park, store or keep anywhere within the Community any vehicle or vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board of Directors. Moreover, when not in use, any small recreational vehicle (e.g., four-wheeler, wave-runner, etc.) shall be stored in the Owner's Garage. The Board of Directors may establish Rules and Regulations further governing or restricting parking."

9Everything else stays in force

Except as amended herein, the Declaration shall continue in full force and effect.

IN WITNESS WHEREOF, the undersigned Declarant has executed this First Amendment this 19th day of July, 2006.

DECLARANT: RYLAND HOMES NEVADA, LLC, a Delaware limited liability company. By: [signature] Dana Rogers. Its: Vice President, Sales and Marketing.

STATE OF NEVADA ) ss. COUNTY OF CLARK )

On this 19 day of July, 2006, personally appeared before me, a Notary Public, Dana Rogers, the Vice President, Sales and Marketing of Ryland Homes Nevada, LLC, a Delaware limited liability company, known to me to be the person who executed the within FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF INDIGO HOMEOWNERS' ASSOCIATION and who acknowledged to me that he executed the same for the uses and purposes therein mentioned.

[signature] NOTARY PUBLIC. [Notary seal: ATHENA R. ALLEN, Notary Public State of Nevada, No. 00-63341-1, My appt. exp. May 17, 2008]