DARDEN, Judge.
The Village Pines at The Pines of Greenwood Homeowners' Association, Inc. ("VP-HOA") appeals the trial court's order on its complaint against The Pines of Greenwood Homeowners' Association, Inc. ("POG-HOA").
We reverse and remand.
The City of Greenwood adopted Article 8 of its zoning ordinance, ("PUD Zoning Ordinance"), authorizing the zoning option of a Planned Unit Development ("PUD") "for placement of buildings on the land without adherence to the conventional lot-by-lot approach common to traditional subdivisions." (App.308). The ordinance defined a PUD as "an area of land, controlled by a landowner, to be developed as a single entity for a variety of dwelling units, and/or other uses, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage, and required open space to the regulations established in any one zoning district,...." (App.309). The ordinance defined "Common Open Space" as "a parcel or parcels of land ... within the PUD site designed and intended for the use or enjoyment of the occupants," which "may contain such complimentary structures and improvements as are appropriate for the benefit and enjoyment of the occupants." Id. at 310.
Thereafter, the PUD Zoning Ordinance provided a number of general design requirements. One design requirement provided for "common property": "land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants," with "satisfactory arrangements ... made for the improvement, operation, and maintenance of such common property and facilities" in the form of "an organization for the ownership and maintenance of ... common open space." (App.311). Another general design requirement of the PUD Zoning Ordinance was that there "shall be at least ten percent" of the gross PUD land area "for park and/or recreational purposes." Id. at 312. Yet another design requirement provided that there "shall be established a Home Owners Association" to "provide for the control and maintenance of all common areas, recreation facilities or open spaces," with assessments against property within the PUD for their maintenance and operation. Id. at 313.
A developer proposed to develop approximately 105 acres of property as The Pines of Greenwood ("The Pines"), a PUD consisting of five communities with two types of homes and densities: three communities of The Pines of Greenwood ("POG"), with traditional single family homes; and two communities of The Village Pines ("VP"), with clustered low maintenance single family detached units.
The developer submitted the Master Plan for The Pines as a PUD, and the plan included the following:
(App.64). The Master Plan for The Pines PUD contained no definitions of "small rest area park," "park area," or "rest area parks"; nor any definition or other reference to "a master homeowners association" or mention of "common areas." The Pines Master Plan was recorded on March 10, 1999, and approved by the Greenwood Common Council on March 15, 1999, in an ordinance that amended the city's zoning ordinance (hereafter, "Master Plan Ordinance").
Subsequently, on January 24, 2000, there were declarations of covenants and restrictions recorded (with attached legal descriptions and surveyor's diagrams)— one set for the POG communities, and one set for the VP communities. These recorded filings established separate homeowners' associations, one for the POG communities and one for the VP communities. The POG covenants provided that only POG property owners could use its "common areas," which it defined therein as "areas and all improvements located thereon set aside for recreation areas, swimming pool and related facilities ...," but they further provided that "the walking paths and tot playground" could be used by VP property owners. (App.70).
During the development of The Pines, a swimming pool was constructed in a POG community neighborhood. Despite the reference in the Master Plan Ordinance to "a master homeowners association," no "master" homeowners' association was formed with respect to The Pines as a whole. (App.64).
On July 16, 2008, the VP-HOA filed a complaint seeking reformation, injunctive relief, and declaratory judgment. The VP-HOA sought reformation of the POG covenants, alleging they "mistakenly omitted a provision whereby the residents of [VP] would be permitted to use the community swimming pool" which was located in the POG area. Id. at 19.
The trial court held a bench trial on June 10, 2009. Counsel for the VP-HOA began by stating, "The main issue of contention between the parties ... at this point constitutes the use and operation of a swimming pool." (Tr. 4). The trial court heard testimony from only one witness, the attorney who had performed the legal work for the developer to obtain the PUD zoning and enactment of the Master Plan Ordinance—but he had not been involved in the drafting and recording of covenants.
The parties' counsel agreed that no master homeowners association had ever been established for The Pines, and that no hiking-jogging-biking path was ever created. Counsel for the VP-HOA argued to the trial court that in order to reflect the controlling Master Plan Ordinance, it should order the creation of a master homeowners' association for maintenance and operation of the common areas—which would include the pool—and the reformation of the POG and VP covenants in that regard.
On November 5, 2009, the trial court issued its findings of fact, conclusions of law, and judgment. The trial court found that the documents reflecting the development of The Pines did not expressly require the creation of a master homeowners' association to control what the VP-HOA argued to constitute the common areas of The Pines.
The VP-HOA brought this appeal. On September 9, 2010, this court heard counsel's oral arguments on the appeal.
We find the critical question to be: does the Master Plan Ordinance require that there be a master homeowners' association; and, if so, what areas of the PUD does it control? The answer must turn on the statutes—here, the PUD Zoning Ordinance and the Master Plan Ordinance.
Construing a zoning ordinance is a question of law. 600 Land, Inc. v. Metropolitan Bd. of Zoning Appeals of Marion County, 889 N.E.2d 305, 309 (Ind.2008). We review questions of law under a de novo standard and owe no deference to the trial court's conclusions. Id. Further, when interpreting an ordinance, we apply the same principles as those employed for construction of statutes. Id. Undefined words in an ordinance are given their plain, ordinary, and usual meaning. Id. In determining the plain and ordinary meaning of a term, we may consider its relationship with other words and phrases. Id. Further, "[s]tatutes relating to the same subject matter are in pari material [on the same subject] and should be construed together so as to produce a harmonious statutory scheme." Klotz v. Hoyt, 900 N.E.2d 1, 5 (Ind.2009).
First, the PUD Zoning Ordinance requires a home owners' association for the PUD. See App. 313 ("There shall be established a Home Owners Association [with governing directives] which provide for the control and maintenance of all common areas, recreation facilities, or open spaces...."). Moreover, the Master Plan Ordinance states that "[t]he rest area parks, landscape features and the hiking-jogging-biking path shall be maintained by a master homeowners association." Hence, we find that by law, a master homeowners' association is required for The Pines.
Next, as to the responsibilities of the master homeowners' association for The Pines, we consider the provisions of the PUD Zoning Ordinance and the Master Plan Ordinance. As noted above, the PUD Zoning Ordinance contains provisions requiring that the PUD contain a minimum quantity of land "for park and/or recreational purposes"; that there be "common property" for the "shared use or
With respect to other areas for which the master homeowners' association is responsible, we find that a similar analysis must apply. In other words, the PUD Zoning Ordinance and the Master Plan Ordinance must be read together in that regard.
We hold that as a matter of law, the trial court erred when it concluded that the controlling ordinances—the PUD Zoning Ordinance and the Master Plan Ordinance—did not require the creation of a master homeowners' association and for the shared use of amenities located in The Pines. Moreover, this error affects existing recorded covenants.
We note that ab initio, the VP-HOA has sought equitable relief. Consistent therewith, we find that in order for the governance of The Pines to proceed in accordance with the law, i.e., by means of a master homeowners' association, equity requires that the parties engage in mediation.
Reversed and remanded.
BROWN, J., and BRADFORD, J., concur.