Covenants & Restrictions of
Katy Lake Estates Homeowners Association
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Please note: This is a converted digital copy of the original document and this version does not hold any legal standing and is only for the convenience of online viewing. The original copy should be used as the governing document should any such need arise.
This Amendment and Restatement of Declaration of Covenants, Easements and Restrictions of Katy Lake Estates is made, executed and entered into, effective this 10th day of July 2007, by the undersigned Lot Owners, the sum of whom own more than two-thirds (2/3) of the Lots constituting Katy Lake Estates as described on Exhibit 1 hereto. This Declaration totally and completely amends, restates and replaces the Declaration of Restrictive Covenants of Katy Lake Estates Plat 1 which was recorded in Book 999 at page 46 of the Real Estate Records of Boone County, Missouri, which stated in Section 40 thereof:
"At any time hereafter any of the foregoing Restrictive Covenants may be amended, modified or abrogated upon the written consent of (a) both of the undersigned or the assignee of the rights of the undersigned as Developers hereunder, (b) Robert G. Magnuson and Robyn G. Magnuson, or the survivor of them, and Robert G. Magnuson, Trustee of the Robert G. Magnuson Revocable Living Trust dated September 27, 1991 or the assignee of their rights as Developers hereunder, and (c) the owners of two-thirds (2/3) of the lots subject to the provisions of these Restrictive Covenants; provided however, after the undersigned and the assignees of the rights of the undersigned as. Developers cease to own any part of Tract 1 described in paragraph 39 above and Robert G. Magnuson and Robyn G. Magnuson or the survivorof them and the Trustee of the Robert G. Magnuson Revocable Living Trust dated September 27, 1991 cease to own any part of Tract 2 described in paragraph 39 above, any of the foregoing Restrictive Covenants may be amended, modified or abrogated upon written consent of the owners of two-thirds of the lots subject to the provisions of these Covenants."
None of Robert G. Magnuson and Robyn G. Magnuson, Robert G. Magnuson, Trustee of the Robert G. Magnuson Revocable Living Trust dated September 27, 1991, or their assignee of their rights as Developer under the Existing Declaration of Covenant, Cal-Grath Development, Inc., Lifestyle Homes, Inc. or any other party occupying the position of "the Developer" under the Existing Declaration of Covenants, now owns any of the Lots which are subject to the Existing Declaration of Covenants. Therefore, in accordance with the provisions of the Existing Declaration of Covenants dealing with modification of the Existing Declaration of Covenants, "the owners of two-thirds (2/3) of the lots subject to the provisions of these Restrictive Covenants" may amend, modify or abrogate the Existing Declaration of Covenants.
The provisions of the Declaration of Restrictive Covenants of Katy Lake Estates Plat 1 were subsequently made applicable to additional Lots, tracts and parcels identified and described in Exhibit 1 that is annexed to this document and is incorporated into this document by reference the same as though fully set forth herein verbatim. Therefore, this new Declaration equally applies to Lots, tracts and parcels reflected in Exhibit 1.
The undersigned Lot Owners who own more than two-thirds (2/3) of the Lots subject to the above described Existing Declaration of Covenants, desire to totally and completely replace the Existing Declaration of Covenants, desire to totally and completely amend and restate and replace such Existing Declaration of Covenants, without revoking or abrogating the Existing Declaration of Covenants, by accomplishing the total complete amendment and restatement of the Existing Declaration of Covenants and all of its provisions.
This Document is intended to be a complete amendment and restatement of the above described Existing Declaration of Covenants, but does not revoke the Existing Declaration of Covenants.
NOW, THEREFORE, the undersigned Lot Owners hereby covenant, declare, state and agree that the above described Existing Declaration of Covenants, recorded in Book 999 at Page 46 of the Real Estate Records of Boone County, Missouri, as it now exists and as it has been amended, shall be and it is hereby totally and completely amended and restated, in its entirety, as hereinafter provided for in this Declaration, and that same shall be and it is hereby totally and completely amended by striking therefrom all of Sections (paragraphs) 1-43 thereof, both inclusive, and all subparts and subparagraphs thereof, and by substituting in lieu thereof new articles, paragraphs and provisions as hereinafter set forth in this Declaration, and that all of the real estate contained within all parcels of land now subject to the Existing Declaration of Covenants hereinabove described (sometimes referred to herein as "the Parcel"), as shown and platted by the various plats which identify Lots now subject to the Existing Declaration of Covenants, and each of the Lots shown and identified by such plats (herein referred to as "Lots" and individually as a "Lot"), and all houses, Buildings and improvements now or hereafter located thereon shall be held, sold and conveyed subject to the following easements, restrictions, reservations, covenants, liens, charges and assessments, all of which shall constitute covenants running with the land of each of the Lots and all of the Property and all of the land of the Parcel, and all parts thereof, and shall be binding on all of the undersigned, and all Lot Owners of all existing Lots within the Parcel, and their successors in ownership of each and all of the Lots, and all parties having or acquiring any right, title or interest in the Property of the Parcel or any Lot contained therein or any Building or improvement located thereon: .
DEFINITIONS AND MISCELLANEOUS TERMS AND CONDITIONS
For purposes of brevity, certain words, phrases, terms and conditions used in this Declaration are defined as follows, and it is agreed that they shall apply to the Parcel and each Lot within the Parcel and all real estate located within the parcel.
1. Association means "Katy Lake Homeowners Association." a not-for-profit corporation
of the State of Missouri.
2. Building means and refers to a separate, detached, distinct dwelling structure (i.e., a
house), intended to be used as a residence.
3. Common Area shall mean all real estate contained within the Parcel or any Plat other than the Lots and Streets, and shall also mean and include:
a. The Lake Area, the land containing the Lake and the dam therefore;
b. That portion-of the Lake Area located below the dam;
c. Any land contained within the Parcel which is not a part of a Lot or any Street;
d. Any cul-de-sac islands, roundabout islands, or medians located within any Streets within the Development, which are to be maintained by the Association;
e. Any entryway monuments, signs or structures for the Development, and the land containing same;
f. Any land containing any pedestrian trails, walkways or similar improvements which are established by any Plat or otherwise;
g. The Lake Easement and HOA Lake Easement described in document of January 10, 1996, recorded in Book 1201 at page 978 of the Real Estate Records of Boone County, Missouri, which is incorporated by reference.
4. Common Elements shall mean the Common Areas described in Paragraph 3 above and all structures and improvements now or hereafter erected or constructed thereon. The Common Elements shall further include:
a. Trees, lawns, shrubs, plants, ground cover, other landscaping and all improvements located within any Common Area;
b. Any pedestrian or bicycle trails, paths, walkways and the easements therefore located throughout the Development;
c. Any drainage easement shown by any Plat which is not publicly held or is not publiclymaintained;
d. Any shelter houses, buildings or other facilities or improvements located within any Common Area.
5. Declaration means this document.
6. Development shall mean all real estate contained within the Parcel, including the Lots, the Streets and Common Areas, and all Building and improvements now or hereafter located thereon, all of which are now known as "Katy Lake Estates."
7. Lake shall mean and refer to (and "the Lake" shall mean and refer to) that Lake located within the Lake Area, which is sometimes known and referred to as "Katy Lake," and the dam therefore, and the spillway therefore, and the shoreline thereof, and all parts and components and improvements making up the Lake.
8. Lake Area means the Lake Area identified, described and recorded in Book 1201 at Page 978 of the Real estate Records of Boone County, Missouri, and all land containing the Lake, the dam and spillway therefore, the shoreline thereof and the area below the dam.
9. Lot means each of. the Lots of Katy Lake Estates included in the Plats described in Exhibit 1 attached hereto;
10. Lot Owner means the person or persons whose estates or interests, individually or collectively aggregate fee simple ownership of a Lot.
11. Member shall mean a Lot Owner of a Lot within Katy Lake Estates. The qualifications for membership shall be, and shall only be, ownership of a Lot within the Development.
12. Parcel means the land situated in Columbia, Boone County, Missouri, which is commonly known as Katy Lake Estates, and which contains all Lots and Common Areas subject to this declaration and are fully described in Exhibit 1.
13. Plat means each of the plats which identify the Lots and, therefore, means and refers to each of the Plats which identifies the Lots, and which are described on Exhibit 1, which is annexed to this declaration and is incorporated into this declaration by reference the same as though fully set forth herein verbatim.
14. Record means to record in the Office of the Recorder of deeds Of Boone County, Missouri, wherein the property is located.
15. Storm-water Facilities shall mean the lake, the dam, and the spillway for the lake, and all_ parts and components of the lake, and all swales, ditches, drainage ways, creeks or other storm-water conveyance areas within the Development, and shall also mean and include: (1) any wet or dry storm-water detention or retention basins now or hereafter located within the Development, and (ii) any other water impoundments now or hereafter located within the Development and all parts of such impoundments, and (iii) any drainage easement or drainway (natural drainway), whether or not located within a drainage easement, which is located within the Development and which serves a number of Lots, and which is not publicly maintained; and shall further include any Storm-water Facilities, such as those hereinabove described, which may hereafter be installed pursuant to any requirement of the City of Columbia or any other governmental authority having jurisdiction over the Development which requires the installation of a Storm-water Facility, all of which such Storm-water Facility shall, whether or not located within common areas or common elements, be common elements. and shall be maintained by the Association as such.
MEMBERSHIP IN THE ASSOCIATION
Every Lot Owner shall automatically be a member of the Association, and shall be subject to the jurisdiction of the Association, and shall be subject to assessments levied by the Association under the following provisions of this Declaration, and shall be entitled to all rights and privileges of membership in the Association. The foregoing is not intended to include persons who hold an interest in a Lot merely as security for the performance of an obligation as members of the Association. There shall be one (1) membership in the Association appurtenant to the ownership of any-Lot which is subject to assessment by the Association. Ownership of a Lot shall be the sole qualification for membership in the Association. Membership shall automatically attach to ownership of a Lot, shall not be discretionary, and shall subject the Lot Owner to all duties and obligations of membership, and to assessments levied by the Association. Membership in the Association cannot, under any circumstances, be partitioned or separated from ownership of a Lot subject to the jurisdiction of the Association. Each Lot Owner is a Member of the Association, and shall continue to be a Member in the Association, until he, she, or they convey his, her, or their Lots to another Lot Owner at which time such successor Lot Owner shall automatically become a Member in the Association. One (1) membership in the Association shall automatically attach to each Lot, and if a Lot Owner owns more than one Lot, then such Lot Owner shall be a Member for each Lot owned.
One (1) vote shall attach to each membership in the Association. If there is multiple ownership of a Lot (e.g:, husband and wife), either of the owners has the right to exercise the vote for that Lot. If a person owns more than one Lot, then such person at meetings of the Association shall hold that number of votes equal to the number of Lots owned.
All Lots shall be legally described by their identifying number pertaining to such Lot, as shown on the Plat. Every deed, lease, mortgage or other instrument may legally describe a Lot by its identifying number as shown on the Plat, and every such description shall be deemed good and sufficient for the purposes. Any description of a Lot shall be deemed to include and convey, transfer, encumber or otherwise affect the Owner's corresponding membership in the Association, though the same is not expressly mentioned or described therein. No Lot shall, without prior approval by the Board of the Association or its Architectural Control Committee, whichever then holds the Architectural Control Powers pursuant to this Declaration, by deed, plat, court decree or otherwise, be subdivided or in any other manner separated into tracts, parcels, portions or Units smaller than the whole Lot. Any subdivisions of Lots that have -occurred prior to the recording of this Declaration shall, however, be deemed to have been permitted and consented to in accordance with the Architectural Control Provisions of this Declaration.
1. Formation. The Association has been formed as a not-for-profit corporation of the State of Missouri. Its present Articles of Incorporation and Certificate of Incorporation are attached hereto as Exhibit 2 and are incorporated herein by reference the same as though fully set forth herein verbatim.
2. Articles of Incorporation and By-laws. The corporation shall, in the future, have these Articles of Incorporation and By-laws, which are attached hereto as Exhibits 2 and 3, respectively. Such Exhibits are incorporated herein by reference the same as though fully set forth herein verbatim.
3. Administration. The Development shall be administered by the Association which, in turn, shall be managed by a Board of Directors elected and constituted as hereinafter provided in this Article. The Board of Directors shall have general responsibility to administer the Development, develop and submit to. the membership for approval an annual budget for the Association, provide for the collection of an annual assessment from, members, and arrange and direct or contract for the management of the Development, and otherwise administer with respect to any matter generally pertaining to enhancing, maintaining, benefiting and promoting the development. Any anticipated expenditure of funds exceeding five hundred dollars ($500.00) for anything not provided for in the annual budget shall first be submitted to the association membership for approval at the annual meeting or at a special meeting called by the Board of Directors.
4. Board of Directors. The Board of Directors of the Association shall consist of five (5), seven (7) nine (9) or some other odd number of members of the Association as determined by the board of Directors of the Association from time to time in advance of the annual meeting of the members of the Association at which directors are to be elected. The directors shall be elected in the manner and for those terms specified in the By-laws, except as hereinafter provided to the contrary.
5. General Powers and Duties of the Association. The Association, for the benefit of all Lot Owners and their lessees, shall provide for, and shall acquire and shall pay out of the Maintenance Fund hereinafter provided for, the following:
a. All capital improvements, maintenance, repairs, replacements, servicing and upkeep for the Common Areas and Common Elements.
b. The establishment of reasonable rules and regulations governing the Common Areas and Common Elements.
c. Water, sewer, waste removal, electricity and telephone and other necessary utility service (as required) for the Common Areas and Common Elements.
d. A policy or policies insuring the Association, and its members, and its Board of Directors against any liability to any persons including Lot Owners or their invitees or tenants, instant to the ownership and/or use of the Common Area or Common Elements in such limits as the Association's its sole and absolute discretion, from time to time, determine appropriate. The annual limits of coverage shall be reviewed at periodic intervals by the Association's Board of Directors. Such insurance shall· be payable to the Association in trust for the benefit of the Association and the Lot Owners. The Association's Board of Directors may also elect to procure officers and directors errors and omissions or liability insurance coverage.
e. Upon ten (10) days notice to the Association's Board of Directors, and upon the payment of a reasonable fee set by the corporation's Board of Directors, the furnishing to any Lot Owner a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing for such owner.
f. When the Association's Board of Directors, in its sole and absolute discretion, deems it advisable to do so, the retaining of the services of such accountants, attorneys, employees and other persons as deemed necessary in order to discharge the Association's duties.
g. The cutting of grass and weeds and providing for the maintaining of all lawns, landscaping and improvements within the Common Areas and Common Elements.
h. Establishing reasonable rules and regulations governing the Common Area so as to protect the privacy of all Lot Owners in the use and enjoyment of their Lots.
i. Providing for the payment of truces and assessments, general and special, levied against or by reason of the Common Areas and Common Elements.
j. Obtaining, providing and paying for any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance or other items which the Association is required to secure or pay for pursuant to the terms of this Declaration, or the Association's By-laws, or by law, or which in the Association's opinion shall be necessary or proper for the maintenance and operation of the development as a first class development, or for the enforcement of any restriction set forth in the Declaration.
k. Enforcing any of the provisions and restriction of this declaration including standards for maintenance, repair, replacement and upkeep hereinafter set forth in this Declaration.
l. Enforcing any provisions dealing with Architectural Control which it is required to enforce iii accordance with provisions of this Declaration.
m. Providing for all maintenance, repairs, replacements, servicing and upkeep, upgrades, expansions, alterations or modifications of, and providing insurance for any Storm-water Facilities, at any time, as required or imposed by the City.
6. Entry into Lots. The Association, or its agents or Directors, may enter any Lot when such entry is necessary to perform maintenance for which the Association is responsible. When feasible, the need for such entry will be coordinated with the Lot Owner and entry will be made with as little inconvenience to the Lot Owner as practicable. Tue Association, its agents or Directors may also enter any Lot if the Lot Owner has continually failed to perform maintenance for which he/she is responsible. Prior to such entry, the Lot Owner will be advised in writing of the discrepancy and asked to rectify it. Should the Lot Owner fail to take necessary action, a second written notification will be provided, such notification to include a date by which the action is required. If the Lot Owner fails to meet the requirement and offers no extenuating circumstances, the Association, its agents or Directors may take action to perform such maintenance and bill the Lot Owner for the reasonable cost of the performance of such maintenance, such cost to constitute a special assessment against such Lot Owner and Lot, and shall be a lien upon the lot, and shall be enforceable in the manner provided for enforcement of assessments in Article VI.
7. Limitation Upon Power of Association and Board of Directors. The powers of the Association and its Board of Directors as hereinafter set forth shall be limited in that they shall have the authority to acquire and pay out of the Capital and Maintenance Fund any capital additions and improvements so long as the total cost does not exceed twenty five percent (25%) of the average yearly account balance (other than for the purpose of replacing or restoring portions of the Common Elements, or improvements on Lots destroyed or damaged payable out of the insurance proceeds actually received, subject to all the provisions of the Declaration). Expenditures in excess of this threshold will require the prior approval of a majority of the members of the Association.
8. Rules and Regulations. A majority of the Association's Board of directors may adopt and amend administrative rules and regulations as it may deem advisable for: the use, operation, maintenance, conservation and beautification of the Common Areas and Common Elements; the health, comfort, safety and general welfare of Katy Lake residents as they relate to the members' conduct and use of said Common Areas and Common Elements; and for the general appearance of the neighborhood.
9. Active Business. Nothing hereinabove contained shall be construed to give the Association or its Board of Directors authority to conduct an active business for profit on behalf of the Lot Owners.
10. Variances. It is recognized that under unusual and extenuating circumstances and on a very infrequent basis, an occasion may arise where an Association member might have a reason to request a variance to a provision of the covenants. In those instances, the member may submit to the Board of Directors a detailed request and reasons for such a variance. A majority vote of the Board members will determine whether such a variance will be granted.
Each Lot Owner of each Lot contained within the Parcel by acceptance of a deed therefore, whether or not it shall be so expressed in any deed or other conveyance, is deemed to covenant and agree to contribute and/or pay to the Association assessments determined in accordance with the following provisions.
1. Creation of a Lien and personal Obligation for Assessments. The Lot Owners, on behalf of themselves and present and future owner of each Lot, shall be deemed to covenant and agree to pay to the Association (1) Annual assessments and charges hereinafter described; (2) special assessments for capital improvements, tax bills or pubic improvements hereinafter described; (3) special assessments for contingencies and shortages including replacement or non-periodic maintenance; all hereinafter described; (4) those special Lot assessments levied by way of a fine, or other imposition in accordance with any and all provisions of this Declaration; and any and all other special assessments and charges of any kind whatsoever provided for by this Declaration. All such assessments, initial, annual or special, together with. interest thereon and costs of collection thereof as may be hereinafter provided for, shall be a charge on the Lots, and shall be a continuing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge shall also be the joint and several personal obligation of the person or persons who were the Lot Owners at the time when the assessment fell due. The personal obligation shall not pass to such Owner's successors in title unless expressly assumed by them.
2. Purpose of Assessment. The assessments levied by the Association shall constitute a _ CapitalImprovement and Maintenance Fund, and shall be used exclusively by the Association to discharge its duties and obligations as provided for by the Declaration, and for the purpose of promoting the recreation, health, safety and welfare of the Lot Owners and residents of the Development, and in particular for the enforcement of these covenants and all terms hereof, and all restrictions set forth herein.
3. Capital Improvement and Maintenance Fund. The Initial Assessment, Annual Assessments and Special Assessments established and collected under the terms of this Article shall constitute a fund to be known as the "Capital Improvement and Maintenance Fund."
4. Annual Assessments. Each Lot is subject to an Annual Assessment which is currently established in the sum of one hundred dollars. On or before December 31 of each calendar year, the Board of directors shall meet and shall estimate the total amount necessary to pay the cost of contract services, materials, insurance, repairs and other services, supplies and- any other work including capital improvements approved by the majority of members at an annual meeting which will be required prior to December 31 of the next calendar year, for the rendering of all services and the performance of all powers and duties of the Association, together with a reasonable amount considered by the Board of Directors to be necessary for a reserve for contingencies and replacements, and shall, as soon as practicable, notify each Lot Owner in writing as to the amount of such estimate with a reasonable itemization thereof. The Annual Assessment for each Lot shall be that amount determined by dividing the estimated cash requirement by the total number of Lots within the Development. The estimated cash requirement shall, therefore, be allocated equally among all Lots within the Development. In the event the determined assessment results in an increase over the established annual assessment of more than twenty percent (20%), the Board shall call a special meeting of the membership to discuss same and present to the membership for approval before setting the new assessment. If the increase is of a temporary nature, the following year the rate of assessment will revert to the previously established annual rate. If the membership agrees, however, the increase is of a permanent nature, the increased rate will become the new established annual rate.
5. Contingencies and Shortages. The Board of Directors shall build up and maintain such reasonable reserves for contingencies and replacements as they, in their sole and absolute discretion, shall from time to time deem appropriate. Emergency expenditures and replacements, not originally included in the annual Estimated cash requirements hereinabove described, which may become necessary during the year, shall be charged first against such reserve. If the maintenance fund is determined by the Board of Directors to be inadequate, any deficiency shall be shared equally by the lot Owners of all Lots, and each Lot Owner’s share of the deficiency shall constitute a special assessment against such Lot Owners.
6. Special Lot Assessment. If a Lot Owner fails to satisfy any maintenance, repair or replacement obligations imposed by this declaration and further continues to fail or refuse such obligations within a reasonable time after delivery of notice by the Association Board of Directors, and if the Board of Directors deems the performance of such obligations to be necessary to protect the Association or the Common Elements, then the Board of Directors shall be permitted (but not required) to cause the maintenance, repair or replacement to be performed; provided, however, that the costs of same shall be charged to the Lot Owner obligated for the performance of such maintenance, repair or replacement, and that such costs shall become a Special Assessment against such Lot which shall be due and owing by the Lot Owner in time to permit timely payment of the costs of the work. Special Assessment provided for by this paragraph shall be added to, and become a part of the assessments to which the Lot is subject, and shall constitute a lien upon the Lot.
7. Special Tax Bills for Public Improvements/Common Improvements. The Association shall pay any special tax bill or benefit assessment of the City or any other public body or Governmental Authority for any public improvement which abuts or runs along or through any of the Common Area, or the cost of any public improvement, which, in the reasonable discretion of the Association's Board of Directors, is found to benefit the entire Development or a very substantial number of the Lots, as opposed to Lot Owners of only specific Lots, or to benefit the Common Areas or Common Elements. The entire cost of any such tax bill or assessment shall automatically become a Special Assessment against all Lots, and shall be divided equally among the Lots. The entire sum of such Special Assessments shall be used by the Association to pay the assessment or tax bill levied by the public body or authority or the costs of such improvement. Such Special Assessment shall be due and owing by each Lot Owner in time to permit timely payment of the tax bill or assessment or cost. Special Assessments provided for by this paragraph shall be enforceable in that manner hereinafter provided for.
8. Uniform Rate of Assessment. Assessments, other than Special Lot Assessments described above, must be fixed at a uniform rate for all Lots.
9. Enforcement of Assessments. Annual Assessments provided for by this Article VI shall be delinquent if not paid by April 1 of each calendar year. Special Assessments provided for by this Article VI shall be delinquent if not paid within fifteen (15) days of the due date thereof. Any delinquent assessment (or any installment thereon) shall bear interest from the date when due until the date when paid at a rate of ten (10) percent of the outstanding balance per month.
Such Assessment and accrued interest thereon, and all costs of collection incurred by the Association in seeking to enforce payment of an Assessment (including but not limited to attorney's fees), shall due and payable by the Lot Owner to the Association, the Association may collect such Assessments (and all subsequent Assessments). The Board of Directors of the Association may enforce Assessments as follows:
a. All assessments provided for by this Declaration shall constitute the personal obligations of the Lot Owners which are charged with said Assessment. If more than one person owns a Lot, then such obligation shall be the joint and several obligation of all such persons who own the Lot. In addition, such Assessment shall constitute a lien against a Lot and all improvements located thereon, including any residence located thereon, if not paid in a timely manner.
b. The Association, acting through its Board· of Directors, may collect said Assessment by a lawsuit against the Lot Owner(s). Alternatively, or in addition, the Association may foreclose its lien against the Lot which is charged with the Assessment lien, and recover as a part of such action all interest, costs, and attorney fees of such foreclosure action or such lawsuit, or both.
c. No Lot Owner may waive or otherwise avoid liability for the Assessments provided for in this declaration because of non-use of the Common Area. Ownership of a Lot shall be all that is necessary to become liable for the payment of an Assessment under this Declaration.
d. The lien to secure the payment of an Assessment shall be in favor of the Association, and the Board of Directors of the Association shall have the discretion as to whether or not enforce said lien, and to the manner of such enforcement.
e. Any lien against a Lot may be foreclosed upon in the same manner as a mortgage or deed of trust against real property, and pursuant to the procedures and requirements of section 443.190 through 443.235 of the Revised Statutes of Missouri (including any substitute or successor statute). If any such foreclosure does not result in full payment of the Assessment, then the Lot Owner shall remain obligated for the deficiency together with interest thereon as described above and costs of collection thereof; including attorney fees.
f. The Association may elect to refrain from foreclosing upon any Assessment lien, and instead may bring suit against the Lot Owner(s) for the collection of same without waiving or affecting the Association's right to assert said lien against the Lot and without affecting the priority, status or enforceability of said lien.
10. Notice and Priority of Lien in Favor of Association. The lien which secures payment of an unpaid Assessment described in this declaration shall have such priority as is accorded to said lien based on the date when the Association records notice of said lien in the office of the Recorder of Deed of Boone County, Missouri. The lien in favor of the Association shall be inferior to any mortgage or deed of trust placed against a Lot prior to the date of recordation. The Association may record such lien notice in the office of the Recorder of Deeds of Boone County, Missouri, at any time subsequent to the date when an Assessment becomes delinquent. No prior ·written notice to an Owner shall be required to be given by the Association before the recordation of such notice. A notice of lien recorded by the Association in the form reflected on Exhibit 4 attached hereto is all that is required in order to give notice to the public and to any other person interested in the Lot as to the existence of the Association's. lien against the Lot in question.
11. Release of Assessment Liens. Any Assessment lien in favor of the Association, upon payment thereof, may be released by the Association. In this regard, any document executed by the President of the Association (or by the Vice President in the absence of the President) and acting pursuant to the authority vested in them by the Board of Directors of the Association, shall be valid and binding upon the Association. Any lien recorded by the Association may be released by the President (or Vice President in the absence of the President) of the Association by executing and recording a release of lien form substantially as reflected on Exhibit 5 attached hereto.
[The provisions of this Article VII to the contrary notwithstanding, all existing Buildings, fences, walls, posts, poles, outbuildings, drives, driveways, walkways, and other improvements, which are now located on any Lot, as of the date of this declaration, shall be and they are hereby approved and shall be deemed to have been approved and consented to pursuant to the Architectural Control Provisions hereinafter set forth in the Article.]
Hereafter, no building, ancillary building, garage, shed, fence, wall, enclosure, post, pole, driveway, parking area, sidewalk, walkway or other structure or improvement of any kind whatsoever shall be commenced, erected, changed or altered within any Lot or within the Common Area until the plans and specifications showing the nature, kind, color, shape, height, materials, elevations, floor plans and locations of same, where appropriate, shall have been submitted to and approved in writing by the Board of Directors of the Association functioning as the Architectural Control Committee, in which all architectural control powers shall be invested. In the event the Board of Directors, functioning as the Architectural Control Committee, fails to approve or disapprove any plans or specifications presented to it within thirty (30) days of the submission of said plans and specifications, then approval shall not be required and this Article will be deemed to have been fully complied with. The Architectural Control Committee shall not approve any exterior addition to, change, alteration or modification of any building, structure or improvement located within a Lot or within the Common Areas unless same is deemed to be in the best interest of the Development, and is deemed to be in harmony as to external design and location in relation to surrounding buildings, structures and topography, and is deemed to be of substantially the same quality as then existing buildings, structures and improvements located within Lots that are in the immediate neighborhood.
The sole requirement imposed upon the Architectural Control Committee in the review of, and in the approval and/or denial of plans, drawings and specifications submitted shall be that the Committee act in good faith, exercising their best judgment, and that they not act in an arbitrary, unreasonable and capricious fashion.
All plans and specifications required to be submitted to the Architectural Control Committee shall be in duplicate. The Architectural Control Committee shall be entitled to retain one complete copy of the plans and specifications following approval so that they may monitor compliance therewith.
The Architectural Control Committee will be acting for the benefit of the Development as a whole and not for the benefit or protection of any specific Lot or Lot Owner, and in approving plans, drawings and specifications, shall have no liability, responsibility or obligation of any kind or nature whatsoever to any Lot Owner.
In any event, so long- as this Declaration is in full force and effect, the following standards and architectural control standards shall be in full force and effect, unless same are changed by the Architectural Control Committee, in writing, for good cause shown.
1. Definitions. For purposes of this declaration, and particularly for purposes of this Article, the following terms shall have the following meanings. Definitions provided in Article I also apply.
a. "One Family Dwelling" shall mean a building and shall, therefore, mean a single, detached dwelling of the type normally found within zoning district R-1 of the City of Columbia, Missouri, arranged, intended and designed for occupancy by only one family in a single living unit.
b. "Family" shall be deemed to mean an individual or a married couple, and the children thereof, and no more than two other persons related directly to the individual or married couple by blood, marriage or adoption, occupying a single Living Unit with single kitchen facility. A Family may include not more than one additional person, not related to the Family by blood or marriage; provided that such additional person may be provided with sleeping accommodations, but not with kitchen facilities in addition to those utilized by the Family. The above provisions notwithstanding, two unmarried adults, and their respective children, may occupy a Dwelling and shall be a "Family." Further, the term "Family" shall also include a living arrangement wherein not more than three (3) adult persons, not all of whom are relatedtoeachotherbyblood, marriage or adoption, are sharing a single Dwelling as a not for profit, cost sharingarrangement.
c. "Living Unit" shall mean that part of a Building designed and intended as a residence for a single family. It is intended that each Building located within the development shall contain only one Living Unit.
2. Minimum Sizes of residential Buildings. All of the existing Buildings located on each of the Lots of the development shall be deemed to be Buildings that have been erected in complete conformity with all Architectural Control requirements of this article. However, if, in the future, any new Building is to be placed on any Lot, then such Building must meet and satisfy and be in compliance with the following Minimum Size requirements:
a. Single Story Dwelling Without a Basement. No one story, ranch style Building, which is built without a basement (meaning a crawl space or slab) shall be permitted on any Lot unless the aggregate Enclosed Floor Area thereof contains not less than two thousand (2,000) square feet of finished floor space, exclusive of open porches, patios and garages.
b. Single Story Building With a Basement. No one story, Ranch style, Building which is built on a basement (whether a walkout basement or a pit basement), shall be placed on any Lot unless the aggregate Enclosed Floor Area of the ground floor thereof, exclusive of open porches, patios and garages, contains not less than one thousand seven hundred fifty (1,750) square feet of finished floor; provided that if any such Building is placed on a Lot which is adjacent to the lake Area, it shall contain not less than one thousand eight hundred-fifty (1,850) square feet of finished floor space.
c. Two Story Homes. No two story shall be placed upon any Lot unless the Enclosed Floor Area contained within all levels of such Building contains not less than an aggregate Enclosed Floor Area on the ground floor thereof and any floor above the ground floor of two thousand two hundred (2,200) square feet, exclusive of any open porches, patios and garages, and exclusive of any space in any basements, whether a walkout or a pit basement.
d. Multilevel Dwellings. No tri-level or multilevel Buildings shall be permitted to be placed upon any Lot, unless the Enclosed Floor Area contained within all levels of such Building contains not less than an aggregate Enclosed Floor Area of the ground floor and floors above the main floor of such Building, exclusive of open porches, patios and garages, and exclusive of any space in any basements, of two thousand (2,000) square feet of finished floor area.
The Enclosed Floor Area as provided for above shall be measured on the basis of exterior Building Measurements. The Enclosed Floor Area (minimum finished floor space)requirements set forth above shall refer only to space which is fully finished, and is intended for year round living.
3. Hard Surface Driveways. All driveways and parking areas on any Lot must be hard surfaced with concrete. The Architectural Control Committee shall have full power and authority to approve or disapprove of the driveway materials to be used.
4. Two Car Garages. Each Building placed upon a Lot located within the Development must contain at least a two car attached garage, in order that two automobiles may be parked within such garage, off Street and off the driveway.
5. Exterior Building materials. No building shall be permitted on any Lot unless part of the front wall space is composed of brick, stone construction material or Dryvit; provided, however, that the requirements of this paragraph may be waived by the Architectural Control Committee on a Lot by Lot basis as deemed appropriate.
6. Flues or Chimneys. No flue or chimney for any Building shall be constructed adjacent to the exterior wall of any Building unless the same is entirely enclosed with masonry or with the same material as the exterior siding as exists on the Building.
7. Minimum Width of Driveways. No Building s hall be permitted on any Lot unless the Lot also contains a driveway leading from the public street to the garage attached to the Building, and unless said driveway is of sufficient width that two (2) automobiles may be parked side by side on the driveway.
8. Exterior Wiring. Antennas or Installation of Satellite Receiver Dishes or Similar Improvements. No exterior wiring or antennas or satellite receiving dishes or similar improvements or equipment of any kind or nature whatsoever, nor anything having an appearance similar thereto, shall be permitted oil the exterior portion of any Building situated upon any Lot, nor be placed upon any Lot, except as shall be approved in advance in accordance with the above Architectural Control Provisions of this ARTICLE VII, by Architectural Control Committee. No air conditioning, heat pumps or other types of installation shall be installed or permitted which appear on the exterior of any Building or which protrude through the walls, roof or window area of any Building on any Lot, or which are located on any Lot, except as shall be approved in accordance with the Architectural Control Provisions of this ARTICLE VII by the Architectural Control Committee.
Preemption by Federal Regulations and Federal Law. It is understood that federal regulations of the Federal Communications Commission, and other federal law, to some extent, have preempted and may hereafter preempt the rights of Associations to approve or disapprove of certain satellite receiving dishes, or broadcast receiver dishes, or television receiving dishes. The intention is that the Association's Board of Directors, or its Architectural Control Committee, shall have and retain all authority under this ARTICLE VII (to the maximum extent lawfully permitted) which is permitted by applicable federal law and regulation, but that such authority shall automatically be modified to conform with federal law or regulation, or any other applicable law or regulation. To the extent that the party holding the Architectural Control powers and authority may control the type, location, or placement of satellite receiver dishes, television receiver dishes or antennas, or antennas designed to receive a direct broadcast satellite signal or service, ("DBS"), the Architectural Control Committee shall have the right and authority, reasonably (and acting in good faith) to specify the. locations for, and the types of, and the color of and screening for, such satellite receiver dishes or antennas. All satellite dishes and antennas, whether broadcast or receiving, other than those which are governed by rules of the Federal Communications Commission or any similar Governmental Authority, shall be subject to all of the Architectural Control provisions of this ARTICLE VIl. All DBS dishes and antennas, and other satellite dishes, which are governed by rules and regulations of the FCC or any other Governmental Authority, shall be subject to such reasonable restrictions as the party holding the Architectural Control powers under this ARTICLE VII may lawfully impose, in accordance "With applicable FCC regulations or other applicable law. The provisions of this Section 8 notwithstanding, any existing satellite receivers, satellite receiver dishes, DBS dishes or similar installations, which exist as of the date of this Declaration, are hereby approved.
9. Seeding and Landscaping Requirements. As part of the Plans and Specifications, each Lot owner desiring to place on such Owner's Lot a Building must provide to the Architectural Control Committee a landscaping plan for such Lot. The front yard of any Lot must be sodded with the remaining yard area properly seeded; the seed must be reasonably calculated to produce a reasonably attractive stand of grass. All sodding or seeding must be successful in that it must produce a reasonably attractive and substantial stand of grass. All landscaping, trees, shrubs, lawns, groundcover and similar items located at any location within the development must at all times be kept in a living, growing condition, well trimmed and attractive in appearance.
10. Mailboxes. Mailboxes must be of a type approved by the U.S. Postal Service.
11. Garages May Not be Converted to Habitable Space. Garages may not be converted to or used as habitable space for humans or pets.
1. General Maintenance by Association. The Association shall provide for all maintenance, repairs, replacements, servicing, upkeep and improvements for any Common Areas and Common Elements and for the land and improvements "Within any easements running in favor of the Association. The Association shall, in particular, provide for all mowing, fertilization, irrigation, maintenance, repair, replacement and upkeep of all lawns, landscaping and plantings located within Common Areas and Common Elements and easements.
2. Maintenance, Repairs and Replacements by Lot Owners. Each Lot Owner shall maintain, repair and replace his (her) Lot and the Building and all improvements located thereon, and all lawns, grass, ground cover, trees, bushes, shrubs, and landscaping contained thereon, so as to keep same at all times in a clean, neat, safe, attractive and aesthetically pleasing condition, free from weeds, all junk and debris and dead and dying lawns, trees or vegetation and any conditions of unsightliness and other conditions reasonably requiring repair or remedies.
3. Standards of Maintenance. Repair and Replacement. The Association shall maintain any. Common Areas and Common Elements and each Lot Owner shall maintain his Lot so as to maintain same in a clean, safe, neat and attractive condition as is reasonably practicable. In the event of a dispute over standards of maintenance, such dispute shall be resolved by the Association's Board of Directors, and such determination shall be binding upon all parties.
4. Special Assessment. In the event any Lot Owner fails to perform any repair, replacement or maintenance specifically imposed by this declaration, and in the further event the Association's Board of Directors determines the conditions require maintenance, repair, replacement or servicing for the purposes of protecting the interests of any Lot Owner or the public safety, or to prevent or avoid damage to or destruction of any part, portion or aspect of the-value of the property or of the Lot, or of the Development or any part thereof, the Association's Board of Directors shall have the right, but not the obligation, through its directors, agents and employees, and after approval of a majority of the Board of Directors, to enter without permission upon or within said Lot, and any portions of the Lot, and to maintain, repair or service the same. The costs of maintenance, repair, replacement or servicing shall constitute a special Lot assessment against the Lot Owner and shall be a "Special Lot Assessment" and shall become a part of the assessments to which such Lot is subject, and shall constitute a lien, and shall bear interest and charges and be enforceable and collectible in the manner hereinabove described in this Declaration.
5. Landscaping for Entryway Monuments. Cul-de-Sac Bulbs, Medians or Islands in Any Street. The Association shall provide for all maintenance, repairs, replacements, servicing and upkeep of any lawns, trees, shrubs, grass or similar improvements installed as an entryway or a part of an entryway monument for the Development, or installed within any Street median, cul-de-sac bulb, or island in any Street for the Development, and which is not publicly maintained by the City.
6. Violations. If a Lot Owner violates standards of maintenance, repair and replacement established in this declaration or established by the Association's Board of Directors for all Lots, then the Association's Board of Directors, or its manager or designee, may in the name of and on behalf of the Lot Owner, or on behalf of the Board, enter into a contract with a maintenance company, mowing or lawn care company, or similar company to perform (at interval, if required) the necessary maintenance, repairs or servicing within that Lot, and may cause the same to be charged to the Lot Owner and to become a special lien and assessment in accordance with paragraph 4 of this Article VIII.
7. Maintenance of Stormwater Facilities. The Association shall keep, maintain, repair, replace, improve, operate, and, if necessary, alter and enhance the Lake (and all parts and components of the Lake, including the dam and spillway therefore, and for the shoreline thereof, and all drains thereto and therefrom), and each Storm-water Facility located within any Common Area, as required to cause such Lake and any such Stormwater Facility to at all times perform its intended function, and as required to-satisfy any requirements imposed by the City.
GRANTS AND RESERVATION OF EASEMENTS
1. Easements for Repair Maintenance and Restoration. The Association, its directors, employees and agents, shall have an unlimited, unrestricted right of access and an easement to, over and through all of the properties, including any Lot and the Buildings and structures located thereon, for ingress and egress and all other purposes which enable the Association to perform its obligations, rights and duties with respect to maintenance, repair, restoration and/or servicing of the Common Elements and Common Areas provided that the exercise of this easement as it affects the individual Lots shall be reasonable times or with reasonable notice to the individual Lot Owners in the absence of an emergency requiring immediate attention. Under no circumstances shall the Association's Board of Directors, or its employees, agents, or contractors who enter upon a Lot, at the instance and request of the Association's Board of Directors, to perform any maintenance, repairs or servicing which the Association's Board of Directors determines to be necessary in accordance with provisions of this Declaration, be charged with a trespass or be subject to any interference or hindrance by the Lot Owner.
2. Pedestrian Trail Easements. Various pedestrian or bicycling trails may exist or be placed within the Common Areas. All of the same may be referred to herein as "The Trail" or "a Trail." A perpetual, irrevocable easement for the construction, maintenance, repair, replacement or use of any such Trail, which shall run in favor of the Association, shall at all times exist. In addition, as to each such Trail, a "Trail Easement" shall be established which shall inure to the benefit of the Association and the Lot Owners of each Lot, and which shall have as its terms the following:
a. The easement shall be perpetual and irrevocable, and shall run with the land;
b. The Trail shall be a Common Area and a Common Element, owned by the Association, to be maintained, repaired, replaced and improved by the Association, and to be kept by the Association for the benefit of all Lot Owners.
c. The Trail shall also be available and accessible to each of the Lot Owners and the members of their family, and their tenants, renters and guests, for use for reasonable walking, jo-gging and non-motorized bicycling purposes.
Members' Easements of Enjoyment. Every member in the Association, and the members of their families, and their designees and delegates, renters and lessees, shall have the right of ingress and egress and an easement of enjoyment in and to the Common Areas and the Common Elements and the facilities, improvements and recreational facilities located thereon, and such easements shall be appurtenant to and shall pass with the title to every assessed Lot. The Association's Board of Directors retain the right to publish rules and conditions to regulate and control the Members' use and enjoyment of the Common Area.
The Lots and Buildings (Living Units) located thereon shall be subject to the following provisions and restrictions:
1. No Subdivision. No Lot, which has not prior to the recording of this Declaration been subdivided shall hereafter be subdivided by deed, plat or lease, or otherwise be caused to be separated into Lots, tracts, parcels or units smaller than the whole Lot without the prior written approval of the Association's Board of Directors.
2. No Roomers or Boarders. Except to the extent provided elsewhere in this declaration, it is hereby provided that no boarders or roomers shall be permitted in addition to the Family occupying each Building/Single Family Unit. Short term guests are permitted.
3. Home Occupation. The restriction above to the use of any Building as a single family residence shall not prohibit the conduct of a "home occupation" upon such Lot as defined herein. Home occupation means any occupation or profession carried on by members of the immediate family residing on the premises, in connection with which there is not used any sign or display that will indicate from the exterior that the Building is being utilized in whole or in part for any purpose other than that of a single family residence dwelling; in connection with which there is no commodity sold upon the premises, and no person is employed other than a member of the immediate family residing on the premises, and no mechanical or electrical equipment is used except such as is permissible for and is customarily found in purely domestic or household premises for the family residing therein; and in connection with which no noise, disturbance, odor, fumes, vapors, dust or air borne particles are generated; and in connection with which no tools or equipment are used except such as are permissible for and customarily found in purely domestic or household premises for the family residing therein; and in connection with whichno traffic is generated; and in connection with which no item of goods, material or equipment is stored in the premises. A professional person may use his (her) residence for infrequent consultation, or emergency treatment, or performance of his (her) profession. Permitted home occupations shall not include barber shops, beauty shops, shoe or hat repair shops, tailoring shops or any type of pick up station or similar commercial activities, but the recitation of these particular exclusions shall not be deemed to constitute authorization for the conducting of other businesses or enterprises which are precluded by the previous language of this paragraph or by other paragraphs of this Declaration or By-laws. Nothing herein shall be construed to permit home occupations not permitted by applicable zoning laws. No churches, religious establishments or institutions, places of worship, schools, places of instruction, daycare homes or centers, preschool centers, nursery schools and similar child care operations, group houses, q! similar facilities of any kind shall be permitted.
4. Parking. No uncovered parking space on the Parcel or within the Development or on or within any street of the Development, or within any Lot, shall be used for the parking of any trailer, truck, boat, camper, mobile home, motor home or any vehicle other than operative automobiles, pickup trucks, vans or similar utility vehicles which are used as passenger vehicles, and are licensed, in good condition and repair, and are used with very substantial, regular frequency. It is the intention of the parties that inoperative vehicles of any type not be placed, parked or stored within the Development. The above provisions of this paragraph to the contrary notwithstanding, occupants of a Lot shall be permitted to park within the boundary lines of such Lot and within the parking spaces provided within each Lot, for reasonable periods of time a truck, trailer camper, mobile home or motor home for the purpose of loading or unloading. Motor homes, trailers, campers and similar vehicles belonging to temporary guests of a Lot Owner may be parked for reasonable periods of time. If a Lot Owner repeatedly violates the provisions of this paragraph, and after written notice from the Board of Directors continues to do so, then, among other remedies available to the Board, including, but not limited to those described in paragraph 16 below, the Board of Directors may also contract with a vehicle towing company to actually tow -vehicles of such Lot Owners which offend the provisions of this paragraph without further notice to or demand from the Lot Owner, and all cost of towing shall be the cost and expense of the Lot Owner and shall constitute a Special Assessment against the Lot which shall be charged in accordance with, and shall be enforced pursuant to, and may further constitute a lien against the Lot, all as described in Article VI of this Declaration.
5. Noxious or Offensive Activities. No illegal, noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, or which would substantially interfere with use and enjoyment of neighboring Lots, or with the values of such Lots.
6. Signs. No signs of any kind shall be displayed to the public view upon any Lot except that one sign, of not more than three (3) feet by two (2) feet advertising property for sale or rent will be permitted Political signs may be displayed for a period of no longer than three (3) weeks prior to an election and must be promptly removed following the election.
7. Trash Storage and Disposal/Dumping. No Lot shall be used or maintained as a dumping ground for-rubbish, trash, garbage or other waste. All trash, rubbish, garbage and other waste or materials being thrown away or disposed of must be placed or contained in one or more trash cans or containers, said cans or containers to be fly tight, rodent proof, nonflammable, reasonably waterproof and shall be covered. Such cans or containers are to stored in concealed locations on Lots and may be placed in open locations only after 6:00 P.M. the night before trash collection day.
8. Pets, and Other Animals. No animals, swine, reptiles, livestock, poultry or pets of any kind shall be raised, bred or kept upon or within any portion of the Parcel or the Lots, exceptthat dogs, cats, or other normal, reasonable household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes and that they are kept at all times within the Lot of the Lot Owner keeping same, and that they are, at all times, under such Lot Owner's control. No pets shall be allowed to run loose on any portion of the Parcel other than the Lot in which kept, and while on any portion of the Parcel shall be kept upon a leash or similar physical restraint. Owners shall be absolutely responsible for adherence to these conditions and absolutely liable for any and all damage done by such pets, and due care or absence of negligence shall not constitute a defense. No pets shall be permitted to disturb others by excessive barking, noise or other activities, or unpleasant odors. No pets shall be permitted to, in any manner whatsoever, create a nuisance, or otherwise interfere with the peaceful enjoyment by others of their Lots and the improvements located thereon, or to damage or destroy the property of others, or to injure any persons, animals, or wildlife. In addition, the following provisions will apply.
a. Other than dogs, cats, and other normal household pets, no exotic animals shall be kept.
b. No vicious or dangerous animals (including for example, pit bulls, Rottweiler, and Dobermans) are permitted.
c. All waste from pets must be promptly cleaned up, removed and properly disposed of by the owner of the pet, whether deposited on the Lot Owner's Lot or elsewhere.
d. It is understood that the enjoyment of the properties by all Owners and residents thereof and the success of this development might be jeopardized by violations of these conditions; accordingly, after a Katy Lake resident has been unsuccessful in resolving a problem with a neighbor's dog and after two complaints to the Board of Directors, the Board will proceed in accordance with the appropriate City Ordinance #11910, Section 5-6 - Animal abuse; Section 5- 56 - Barking or annoying dog; Section 5-57 - Dangerous or aggressive animals; or Section 5-67 Dog waste; whichever is applicable.
e. No dog pens, dog fencing, dog houses or other pet enclosures shall be permitted within the Development unless approved in advance of their construction by the Architectural Control Committee.
9. Toxic Substances. On site storage on any Lot of gas, oil, pesticides or related hazardous materials shall be prohibited, unless in quantities which do not exceed ten (10) gallons, or that quantity which is used in one year (whichever is the smaller quantity). All such materials must be stored indoors and in properly sealed containers. On site burial of waste materials or storage of waste on site for any period exceeding one (1) week is prohibited. No Lot Owner or any other person shall dispose of any toxic materials, petroleum or petroleum products, such as used motor oil, by placing same or dumping same down storm drains, or in any manner which would cause same to get into the groundwater or storm-water runoff from any Lot or the Development.
10. Open Fires. In accordance with city ordinances, no open fires shall be permitted on the individual Lots or within the Common Areas, with the exception of outdoor grill type fires used for the preparation of food to be consumed on the premises.
11. Storage Tanks. No tank for storage of fuel may be maintained on any Lot unless approved by the Architectural Control Committee.
12. Automotive Repair. No automotive or equipment repair or rebuilding or other form of automotive or equipment manufacture, maintenance or repair (other than normal periodic vehicle maintenance, whether for hire or otherwise) shall occur on the Parcel or on any Lot.
13. Two, Three and Four Wheel Recreational Vehicles. Motorcycles, mopeds, powered scooters, motorbikes, or two, three or four wheeled powered recreational vehicles shall not be run within the development, either on the streets or within any Lot or Common Area or any Trail; provided, however, that they may be used solely to go to and from work, to school, and for normal transportation. No such vehicles shall be used within the development or on any Trail or path or Common Area for purposes of recreation. All such vehicles must have a suitable muffler so as to provide for quiet operation.
14. Outside Improvements. Lawn Ornaments, Vegetable Gardens. Firewood, Etc. Nothing shall be placed or located within the front yard of any Lot or the side yard of any comer Lot other than reasonable sidewalks or driveways; and normal, reasonable grass, ground cover, trees, shrubs, flowers and other normal, reasonable landscaping materials. All driveway, parking spaces shall be subject to approval by the Architectural Control Committee, and shall not be installed without such approval.
a. No vegetables or grains (including, but not limited to, tomatoes, com, or other vegetables or cereal grains) shall be planted in any front or side yard.
b. No seasonal decorations, such as Christmas decorations, may remain on any Lot or on any Building for a period of more than sixty (60) days.
c. No firewood shall be stock piled or stored on the front or side yard of any Lot or anyplace on a Lot where it is in plain view of the street.
15. Exterior Storage. Exterior storage of boats, canoes, tricycles, bicycles, golf carts, pop-up campers, trailers other similar vehicles, or vehicles· other than those permitted pursuant to paragraph 4 of this Article, lawn mowers, garden tractors, lawn maintenance equipment, or any equipment of any kind whatsoever (other than permanently installed swings, toys and other playground equipment - which can only be located in a rear yard) is specifically prohibited with the exception of lawn maintenance equipment such as riding mowers which may be stored under a rear yard deck so long as it does not present an unsightly or annoying appearance for adjacent neighbors. In no instances shall this area be used as a collection area for miscellaneous items.
16. Enforcement. In addition to any rights and remedies provided to the Association or any Lot Owner by this Declaration or by law, the Association Board of Directors shall, in the event of a violation of any of the restrictions and/or requirements established by this Declaration, have each and all of following additional rights, powers and authorities:
a. To deny to any Lots or Lot Owners which are in violation of the use restrictions or which are being used in violation of such use restrictions, any maintenance or other services which the Association might otherwise be required to provide; also access to or use of the Common Areas and Common Elements;
b. To impose upon the Lot (and the Owners thereof) being used in violation of any of the use restrictions, a special assessment (by way of a fine) in such amount as the Association's Board of Directors, in its sole, absolute and unmitigated discretion, shall deem appropriate, not to exceed Two Hundred Fifty Dollars ($250.00) per month during the continuance of the violation. Such fine shall be a Special Assessment upon and shall be payable to the Association upon demand, and shall be added to (and become part of) the other assessments to which the Lot (and the Owner thereof) is subject, and shall be enforceable in the same manner as is provided for the enforcement of other assessments provided for in this Declaration.
c. Without notice or further hearing, to enter upon the Lot and to abate the violation or remove it, and to charge the cost of such abatement to the Lot and the Lot Owner as a Special Lot Assessment.
1. Enforcement. The Association, its Board or any member of its Board, or any of its officers, or Lot Owner, shall have the right to enforce, by any proceedings, at law or in equity, any covenants, restrictions or charges now or hereafter imposed by the provisions of this declaration. Failure by the Association, or any of its directors or officers, or any Lot Owner to enforce any covenants or restrictions herein contained shall in no event be deemed to be a waiver of the right to do so thereafter.
2. Attorney's Fees. If any party shall seek to enforce against any other party any of the provisions of this declaration, by legal or equitable proceedings, then the prevailing party in such proceedings shall receive from the other party to such proceedings, in addition to such other rights and remedies to which such prevailing party shall otherwise be entitled, such prevailing party's reasonable costs, expenses and attorney's fees incurred in connection with such proceedings, and in preparation for such proceedings, and shall be entitled to judgment for such attorney's fees, costs and expenses.
3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.
4. Amendment. The covenants, condition, restrictions, easement, charges and liens of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, and the Owner of each Lot subject to this Declaration and their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically extended for successive periods of ten (10) years unless an instrument signed by not less than sixty percent (60%) of the Lot Owners has been recorded, which instrument provides for the amending or terminating this Declaration, in whole or in part. If and/or when there are multiple owners for a given Lot (i.e., husband and wife), the signature of one owner will satisfy the requirement of this paragraph. During the first twenty (20) year period of this Declaration, it may be amended, in whole or in part, only by an instrument signed by not less than sixty percent (60%) of the Lot Owners, which is recorded, which provides for amending or terminating this declaration. All amendments to this Declaration shall be recorded in Boone County, Missouri, and shall, in the absence of such recording, be of no effect.
5. Notices. Any notice required to be sent to any Member or Lot Owner under the provisions of this declaration shall be deemed to have been properly sent when mailed, postpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing;
6.Language Variation. The use of pronouns or of singular or plural as used herein shall be deemed to be changed as necessary to conform to actual facts.
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Please note: This is a converted digital copy of the original document and this version does not hold any legal standing and is only for the convenience of online viewing. The original copy should be used as the governing document should any such need arise.