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Declaration of Covenants & Restrictions

 

SIGNATURES ARE HELD WITH ASSOCIATION DOCUMENTS AND AT THE ST CHARLES COUNTY RECORDER OF DEEDS

IN BOOK DE 6462 PAGES 1288 TO AND INCLUDING 1442.  ACTUAL DECLARATION IS FOUND IN BOOK DE 6462 PAGES 1289 TO AND INCLUDING 1305

 

RECORDING COVER PAGE FOR

THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS 

FOR

BRADFORD PLACE, A RESIDENTIAL SUBDIVISION IN ST. CHARLES COUNTY, MISSOURI

​

Dated this 11th day of December, 2015

 

GRANTOR:  

The Owners of certain subdivision lots and the improvements constructed thereon as platted upon and shown within “Bradford Place Plat One”, as recorded in Plat Book 30 Pages 79, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Two”, as recorded in Plat Book 30 Pages 121, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Three”, as recorded in Plat Book 30 Pages 267, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Four”, as recorded in Plat Book 31 Pages 102, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Five”, as recorded in Plat Book 31 Pages 225, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Six”, as recorded in Plat Book 46 Pages 386, in the St. Charles County Recorder of Deeds Office, as such plats may have been amended and or resubdivided, and are further described on the signature pages attached hereto this instrument, principally located at 2700 Kettering Drive, St. Charles, MO 63303.

 

GRANTEE:

The Owners of certain subdivision lots and the improvements constructed thereon as platted upon and shown within “Bradford Place Plat One”, as recorded in Plat Book 30 Pages 79, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Two”, as recorded in Plat Book 30 Pages 121, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Three”, as recorded in Plat Book 30 Pages 267, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Four”, as recorded in Plat Book 31 Pages 102, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Five”, as recorded in Plat Book 31 Pages 225, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Six”, as recorded in Plat Book 46 Pages 386, in the St. Charles County Recorder of Deeds Office, as such plats may have been amended and or resubdivided, and are further described on the signature pages attached hereto this instrument, principally located at 2700 Kettering Drive, St. Charles, MO 63303.

 

Legal Description:

Those subdivision lots and the improvements constructed thereon as platted upon and shown within “Bradford Place Plat One”, as recorded in Plat Book 30 Pages 79, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Two”, as recorded in Plat Book 30 Pages 121, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Three”, as recorded in Plat Book 30 Pages 267, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Four”, as recorded in Plat Book 31 Pages 102, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Five”, as recorded in Plat Book 31 Pages 225, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Six”, as recorded in Plat Book 46 Pages 386, in the St. Charles County Recorder of Deeds Office, as such plats may have been amended and or resubdivided, and also described on the signature pages attached hereto this instrument, excepting those subdivision lots platted on the plats referenced above but not also described on the signature pages attached hereto this instrument.

 

 

 

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR

BRADFORD PLACE

A RESIDENTIAL SUBDIVISION IN ST. CHARLES COUNTY, MISSOURI

 

 

            THIS DECLARATION is made as of the date this instrument, hereinafter “Declaration”, shall be recorded in the Office of the Recorder of Deeds for St. Charles County, Missouri, and

 

WHEREAS, the undersigned owners, hereinafter “Owners”, are the owners of certain subdivision lots and the improvements constructed thereon as platted upon and shown within “Bradford Place Plat One”, as recorded in Plat Book 30 Pages 79, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Two”, as recorded in Plat Book 30 Pages 121, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Three”, as recorded in Plat Book 30 Pages 267, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Four”, as recorded in Plat Book 31 Pages 102, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Five”, as recorded in Plat Book 31 Pages 225, in the St. Charles County Recorder of Deeds Office, and “Bradford Place Plat Six”, as recorded in Plat Book 46 Pages 386, in the St. Charles County Recorder of Deeds Office, as such plats may have been amended and or resubdivided, hereinafter collectively the “Plats”, and

 

WHEREAS, the Owners, recognize that the terms and conditions as contained in the Bradford Place Covenants and Restrictions, as recorded in Book 1312 Page 1207 of the St. Charles County Recorder of Deeds Office, have not been renewed, were not extended, and expired by its own terms and are therefore of no further effect, and

 

WHEREAS, in an effort to maintain and stabilize property values and exterior harmony of Owner’s lots, it is the express desire of the Owners to restrict the hereinafter enumerated lots owned by the Owners, hereinafter the “Lots”, in the manner hereinafter set forth, and

 

NOW, THEREFORE, the Owners hereby declare that the Lots, shall be held, sold, conveyed, occupied and developed subject to the following easements, reservations, restrictions, covenants, conditions, charges and liens which are for the purpose of protecting the value and desirability of, and which shall run with the Lots and be binding on all parties having any right, title or interest in all or any portion of the Lots (as hereinafter defined), their heirs, probate representatives successors and assigns, and shall inure to the benefit of each owner thereof.

 

ARTICLE I:  DEFINITIONS

  1. “Assessment Year” shall mean the calendar year.
     

  2. “Association” shall mean the Bradford Place Homeowners Association, a Missouri Not-for-Profit Corporation, its successors and assigns.
     

  3. “Board of Directors” or “Directors” shall mean the Board of Directors of the Association.
     

  4. “Common Area” shall mean all real property (including the improvements thereto) conveyed to the Association, in trust; for the common use, benefit and enjoyment of the Owners (as hereinafter defined), subject, however, to the uses, reservations, limitations, easements, conditions, and restrictions hereinafter provided in this Declaration, all as shown on the Plats.
     

  5. “Member” shall mean an Owner in such Owner’s capacity as a member of the Association.
     

  6. “Owner” shall mean the record Owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Subdivision and is a signatory to this Declaration or a successor in title to a signatory.
     

  7. “Residence” or “residences” or “Dwelling” or “dwellings” shall mean the single-family dwellings constructed upon lots located within the Subdivision.
     

  8. “Subdivision” shall mean and refer to Bradford Place Subdivision, as shown on the Plats.
     

  9. “Lot” shall mean the separately numbered Lots within the Subdivision.

 

ARTICLE II:  BOARD OF DIRECTORS

  1. Number and Term. The board of Directors of the Association shall, except as otherwise provided herein, consist of at least three (3) persons, and each Director shall hold office for a term of three (3) years and, in any event, until his successor shall be elected (or appointed, as the case may be) and qualified.  In order to promote continuity amongst the Board of Directors, the Board of Directors has the discretion to stagger the expiration of the Board of Directors’ terms in office.  Each Director shall be elected or appointed as follows:
     

    • Election of Directors by Mail. Notwithstanding any provision of this Declaration to the contrary, elections of persons to the Board of Directors may be conducted by mail.  In order to conduct an election by mail, the Board shall send a notice for each Lot to the Owner(s) of such Lot, addressed to the address of the Owner(s) then on file with the Association, notifying the owner(s) of the election and requesting nominations for the Board of Directors.  The notice shall specify that nominations will be received for a period of three (3) weeks from the date set forth on the notice.  Any Owner wishing to submit a nomination of an individual shall notify the Board of Directors in writing of the name of the nominee; the nominee shall consent to such nomination in writing on the letter containing such nomination and the nominee shall also sign the letter setting forth the nomination of the nominee.  After receiving nominations, the Board shall prepare a ballot containing the names of all nominations validly submitted to the Board in accordance with the requirements hereof within the time limit established in the notice.  The ballot shall have type upon it the address of the board to which the ballot must be returned and the date by which the ballot must be received by the Board in order to constitute a valid vote.  The date by which ballots must be received shall be such date as the Board of Directors, in its sole discretion, selects, provided, in no event shall such date be sooner than ten (10) days or later than twenty (20) days after the mailing of the ballots to the Owners.  The Board of Directors, in its sole discretion, selects, provided, in no event shall such date be sooner than ten (10) days or later than twenty (20) days after the mailing of the ballots to the Owners.  The Board shall mail one ballot for each Lot to the Owner(s) of such Lot, addressed to the address of the owner(s) then on file with the Association.  Together with each ballot, the Board shall send an envelope, upon the outside of which is typed the name of the Owner(s) to whom the ballot is sent.  After voting for the nominee(s) by marking the ballot, the Owner(s) shall place the ballot within the envelope accompanying the ballot and shall sign the outside of the envelope next to the typewritten name of the Owner(s).  This envelope must then be placed in an envelope addressed to the Board of Directors at the address set forth on the ballot and be personally delivered to such address or delivered to such address after being deposited in the United States mail, postage prepaid, within the required time limit.  All ballots received within the required time limit, properly marked and sealed within the accompanying signed envelopes, shall be counted by the Board and results shall be announced to the Owners by the Board mailing notice within seven (7) days after the deadline for receiving ballots to all Owners at the addresses of the Owner(s) then on file with the Association.
       

  2. Qualifications. Directors shall be elected from among the owners, shall be owners, and shall reside in the Subdivision.  Except as otherwise provided herein, if a Director shall cease to meet such qualifications during his term, he shall immediately cease to be a Director and his place on the Board shall be deemed vacant.
     

  3. Vacancies. Except as provided for in (Article II; paragraph 1) hereof, any vacancy occurring in the Board shall be filled by the remaining Directors, with the successor elected by the Owners at the next annual meeting or at a special meeting of Owners called for such purpose.
     

  4. Meetings. A meeting of the Directors shall be held at least annually.  Special meetings of the Directors shall be held upon call by a majority of the Directors on not less than forty-eight (48) hours notice in writing to each director, delivered personally or by mail, telegram, or email.  Any Director may waive written notice of a meeting, or consent to the holding of a meeting without written notice, or consent in writing to any action of the Board without a meeting.
     

  5. Removal. Any Director may be removed from office by owners having two-thirds of the votes in the Association.
     

  6. Quorum. A majority of the number of Directors fixed by this Declaration as the full Board of Directors shall constitute a quorum for the transaction of business and the act of a majority of the Directors at a meeting at which a quorum is present shall be the act of the Directors.  In the absence of a quorum, a majority of the Directors present at a meeting, or the Director, if there be only one present, may successively adjourn the meeting from time to time, not to exceed thirty days in the aggregate, until a quorum is obtained, and no notice other than an announcement at the meeting need be given of such adjournment.
     

  7. Actions without Meetings. Any action which is required to or may be taken at a meeting of the Board of Directors may be taken without a meeting if consents in writing, setting forth the actions so taken, are signed by all of the Directors of the Board of Directors. The consents shall have the same force and effect as the unanimous vote at t meeting duly held.
     

  8. Compensation. Directors shall receive no compensation for their services unless expressly provided for in resolutions duly adopted by the Owners.
     

  9. Powers and Duties. The Subdivision and affairs of the Association shall be managed by the Board of Directors of the Association.  The Board of Directors shall have and is vested with all powers and authorities, except as may be expressly limited by law or this declaration, to supervise, control, direct and manage the subdivision, affairs and activities of the Association, to determine the policies of the Association, to do or cause to be done any and all lawful things for and on behalf of the Association, to exercise or cause to be exercised any and all of its powers, privileges or franchises, and to seek the effectuation of its objects and purposes, without limiting the generality of the foregoing, the Board of Directors may:
     

    • administer the affairs of the Association and of the Subdivision;
       

    • engage, if deemed necessary or appropriate, the services of a professional managing agent who shall manage and operate the Subdivision for all of the Owners, upon such terms and for such compensation and with such authority as the Board may approve;
       

    • formulate policies for the maintenance, management, operation, repair and replacement of the Subdivision and improvements and obtain such services that provide for the public health, safety and welfare of the Subdivision as the Directors may consider advisable;
       

    • adopt and enforce administrative rules and regulations governing the maintenance, management, operation, repair and replacement of the Subdivision and improvements, and to amend such rules and regulations from time to time;
       

    • provide for the maintenance, management, operation, repair and replacement of the Subdivision and improvements, including, without limitation, mowing, landscaping, planting, seeding, pruning and care of shrubbery, removal of plants, maintenance, repair and replacement of street lights located within or adjacent to street right of ways (unless such maintenance, repair, and replacement shall be performed by a municipal entity), and maintenance, repair and replacement of improvements located within the Common Areas;
       

    • provide for payments for all maintenance, management, operation, repair and replacement of the subdivision and improvements and also the collection and payment of any assessment pursuant to this Declaration, and to approve payment vouchers or to delegate such approval to the officers or the managing agent;
       

    • provide for the designation, hiring and removal of employees and other personnel, and to engage or contract for the services of others, and to make purchases for the maintenance, repair, replacement, administration, management and operation of the subdivision and improvements, and to delegate any such powers to a managing agent (and any such employees or other personnel that may be the employees of said managing agent);
       

    • consider and approve or reject any and all plans and specifications (except those of Declarant) for alterations to and construction of residences and improvements on the Lots;
       

    • estimate the amount of the annual budget, and to provide the manner of assessing and collecting from the owners their respective shares of such common expenses, as hereinafter provided;
       

    • grant easements and rights-of-way over the Common Areas to such utility companies or public agencies or others as the Directors shall deem necessary or appropriate and to make rules and regulations, not inconsistent with the law and the Declaration, for the use and operation of the Common Areas and in every and all respects governing the operation funding and usage thereof;
       

    • receive, hold, convey, dispose and administer, in trust, for any purpose mentioned in the Declaration, any gift, grant, conveyance or donation of money or real or personal property;
       

    • make all contracts and incur all liabilities necessary, related or incidental to exercise the Board’s power and duties hereunder;
       

    • dedicate any private streets, drives, walkways or rights-of-way, or portions thereof to appropriate agencies and vacate or abandon easements in accordance with applicable legal procedures;
       

    • comply with such instructions of owners having a majority of a quorum of votes in the Association, as expressed in a resolution duly adopted at any annual or special meeting of the owners, that the Directors deem to be beneficial to the Subdivision;
       

    • obtain, in the Board’s discretion, liability and hazard insurance on the Common Areas, as well as insurance protecting the Directors from any and all claims for damages arising out of any decision, act, or failure to act, of the Directors acting in their capacity as directors;
       

    • exercise all other necessary or appropriate powers and duties commonly exercised by a Board of Directors and all powers and duties of the Directors as stated in the Declaration;
       

    • purchase a fidelity bond for any person or persons handling funds belonging to the Association or Owners;
       

    • enforce the Declaration, and any and all restrictions governing the Subdivision and to take any and all necessary steps to secure the enforcement and compliance of the same; and
       

    • exercise any and all other powers or acts as are authorized by the Declaration.
       

    • Establish Architectural Control Committee – Review.

    • Except as provided herein below, no Dwelling, building, wall, other structure, construction or reconstruction of any kind shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition, demolition, change, expansion or alteration thereto or thereof be made until the plans and specifications showing the nature, in, shape, height, materials, and proposed final grades and location of the same shall have been submitted to and approved in writing as a harmony of external design and location in relation to surrounding structures and topography by an Architectural Control Committee.
       

    • The Board of Directors shall establish an Architectural Control Committee, hereinafter “ACC”, which shall be composed of three members who are either members of the Board of Directors and or Owners selected by the Board of Directors, who shall serve at the pleasure of the Board of Directors. In the event said Committee shall fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, this Article will be deemed to have been fully complied with and further approval is not necessary.
       

  10. Records. The Directors shall cause to be kept detailed and accurate records in chronological order of the receipts and expenditures affecting the Subdivision, specifying and itemizing the common expenses incurred.  Such records and vouchers authorizing the payments of such expenses shall be available for examination by the Owners, and by the holders of a first mortgage or first deed of trust on any Lot, at convenient hours or week-days.  Payment vouchers may be approved in such manner at the Directors may determine.

 

ARTICLE III:  PROPERTY RIGHTS

  1. Owners’ Easements. Each owner and each owner’s family, guests and invitees shall have an exclusive, perpetual right and easement of ingress, egress, use and enjoyment over, across, upon, the Common Area, which easement shall include, without limitation, (i) the rights of access to and from, and use of, such Common area; and (ii) the right of use utility, water, sewer, rainage and ponding easements therein.  These rights and easements shall be appurtenant to and shall pass with the title to each Lot that is part of the Subdivision, shall not be severable there from and shall be subject to (i) the rights of the Association as set forth in the Declaration;  (ii) the right of the Directors on behalf of the Association, to negotiate with any public agency for the dedication or conveyance of all or any part of the Common Area, for any public purpose, and to exclude such instruments as may be necessary for such purpose, subject to the proceeds of any such conveyance being held by the Association in trust for the Owners.
     

  2. Use of Easements. Each Owner and such Owner’s family, guests and invitees shall use and exercise their easement rights over Common Area in a reasonable manner so as not to endanger or harm others create a nuisance for others, or cause any obstruction or impediment to the use of the easements created by the Declaration by others authorized to use them.
     

  3. Association Right to Grant Easements and Associations Easements Over Lots and Common Area. The Association, its employees, agents, contractors, successors, and assigns, shall have the right to grant permits, licenses and easements over the Common Area for utilities, roads, maintenance, and other purposes necessary for the proper operation of the Subdivision, including work reasonably necessary for the proper maintenance of the Common Area and structures therein, including without limitation, repairs, landscaping and lawn care.
     

  4. Conveyance of Title. Upon termination of the Declaration, title to Common Area in each Subdivision Plat shall vest in the owner of the lot located therein, subject to the easements created by this Declaration and the Subdivision Plat.

 

ARTICLE IV: MEMBERSHIP AND VOTING IN THE ASSOCIATION

  1. Membership. Every Owner of a Lot who has subjected and encumbered their lot to the Declaration, or is a successor in title thereto, shall be a Member of the Association.  Membership shall be appurtenant to and may not be separated from ownership of any Lot.
     

  2. Votes. All Owners shall be entitled to one vote in the Association for each Lot owned by such Owner and in no event shall more than one vote in the Association be cast with respect to any Lot.
     

  3. Proxies. At all meetings of the Association, any member may vote in person or by proxy.  All proxies shall be in writing, signed by the giver of the proxy, state that the giver of the proxy is appointing the proxy holder to vote for the proxy giver at a designated meeting or meetings, and be filed with the Directors of the Association.  Every proxy shall be revocable and shall automatically cease upon the conveyance by the giver of the proxy of such proxy giver’s Lot.
     

  4. Association Meetings. Meetings of owners shall be held at a location within the Subdivision or at such other place in St. Charles County, Missouri as may be specified in the written or posted notice of the meeting.  The initial annual meeting of the owners shall be called by the Directors at the hour and date as specified in the written notice of such meeting and each year thereafter.  Special meetings of the Owners may be called by the president of the Association, a majority of the Directors, or by owners having at least one-third (1/3) of the votes in the Association.  Written notice of the place, day and time of the annual meeting and all special meetings shall be delivered or posted not less than five days before such meetings to all owners and Directors, if such Directors are not owners and to those institutional holders of a first mortgage or first deed of trust on any Lot that have requested such notice by written notification to the Directors no fewer than ten days prior to any such meeting.  Any Owner or holder of a first mortgage or first deed of trust shall have the right to designate a representative to attend all annual and special meetings.  If sent by mail, notice shall be deemed delivered when deposited in the United States mail, with postage thereon prepaid, addressed to the person or entity entitled to notice at his or her last known address.  If posted, notice shall be deemed sufficiently posted by posting of the notice on signage at the entrance to the Subdivision and or on the Association website.
     

  5. Quorum. There is no quorum requirement for meetings of the Owners.  The decision of a simple majority of those present at a duly called Annual or Special Meeting shall be valid as the act of the Association.

 

ARTICLE V:  ASSESSMENTS

  1. Creation of the Subdivision Lien. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:  (i) regular assessments and charges (including, without limitation, assessments for the improvement, betterment, upkeep, maintenance, repair and replacement of Common Area and improvements therein) (“Assessments”), and (ii) special assessments (“Special Assessments”) for capital improvements, such assessments to be established and collected as hereinafter provided. 

    The Assessments and Special Assessments together with interest, costs, and attorneys’ fees, shall be a charge on each Lot and improvements thereon and shall be, upon levying of the same by the Association, a continuing lien upon the Lot against which the Assessment and/or Special Assessment is made.  Each such Assessment and/or Special Assessment together with interest, costs, and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the owner of such Lot at the time the same became due.
     

  2. Purpose of Assessment. The Assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the residents of the Subdivision, for the improvement, betterment, maintenance, upkeep, repair and replacement of the Subdivision and Common Areas, and otherwise to fulfill, perform, and enforce the rights, duties, obligations and functions pursuant to this Declaration and as set forth herein.
     

  3. Establishment of Budget and Assessments.

    1.  Unless the Directors otherwise decide, the fiscal year of the Association shall be a calendar year. On or before the end of each Assessment year, the Directors shall cause to be prepared an estimated annual budget for the next Assessment Year.  Such budget shall take into account the estimated expenses and cash requirements for the Assessment Year, including, without limitation, salaries, wages, payroll taxes, supplies, materials, parts, services maintenance, repairs, replacements, landscaping, insurance, fuel, power, water and other common utilities, management fees, expenses associated with Common Areas and other common expenses (as distinguished from individual mortgage payments, real estate taxes and individual telephone, electricity, gas, and other individual utility expenses billed or charged to the separate owners on an individual or separate basis rather than a common basis).  The annual budget may provide for a reserve for contingencies for the Assessment year and a reserve for replacements, in reasonable amounts as determined by the Directors, to the extent that the Assessments and other cash income collected from the owners during the preceding years shall have been more or less than the actual expenditures for such preceding year, the surplus or deficit, as the case may be, shall also be taken into account
       

    2. Notwithstanding any term, condition, or provision of this Declaration to the contrary, in the event the Board of Directors does not prepare such estimated budget, the Assessment shall be that Assessment amount from the preceding year. The initial annual Assessment shall be One Hundred Dollars ($100.00) or such other amount as is determined by the Board of Directors and due June 1st of each year 
       

    3. Assessment payments shall be due thirty (30) days from the date the Board shall invoice the Owners for same
       

    4. In the event that during the course of any Assessment year, it shall appear to the Directors that the Assessments, determined in accordance with the estimated annual budget for such Assessment year, are insufficient or inadequate to cover the estimated common expenses for the remainder of such Assessment Year, then the Board shall prepare and approve a supplemental budget covering the estimated deficiency for the remainder of such year. Copies of such supplemental budget shall be made available to each Owner and, notwithstanding any provision hereof to the contrary, any additional Assessment necessary to cover such deficiency shall be levied in a fair and equitable manner as voted by simple majority of owners at a general or special called meeting.
       

  4. Special Assessments for Capital Improvements. In addition to the Assessments authorized above the Association may levy, in any Assessment year, a Special Assessment applicable to that Assessment year only, for the purpose of defraying in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas during that year including fixtures and personal property related thereto, provided that Special Assessments shall be approved by a vote of Owners having greater than fifty percent (50%)  of the votes at a meeting.
     

  5. Uniform Rate. Assessments and Special Assessments must be fixed at a uniform rate for all Lots within the Subdivision.
     

  6. Non-payment of Assessments. Any Assessment and/or Special Assessment, not paid within thirty (30) days after the date levied shall bear interest from the date levied at the rate of eighteen percent (18%) per annum.  The Association and its Directors shall have the authority to exercise and enforce any and all rights and remedies as provided in this Declaration, or as otherwise available at law or in equity, including, but not limited to, the right to foreclose the lien against the defaulting Owner’s Lot in like manner as a mortgage on real estate or a power of sale under chapter 443, R.S.Mo.  No Owner may waive or otherwise escape liability for the Assessments and/or Special Assessments established herein by non-use or abandonment of such Owner’s Lot or the Common area.
     

  7. Unexpended Assessments and Special Assessments. All funds paid from time to time by owners for Assessments and special Assessments, from time to time on hand and unexpended shall be deemed to be owned equally and in common by the Owners.
     

  8. Subordination to the lien to Mortgages. The liens of the Assessments and/or Special Assessments provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust encumbering the Lot.  Sale or transfer of any Lot shall not affect the liens for Assessments and/or Special Assessments, however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such Assessments and/or Special Assessments as to payments which became due prior to such sale or transfer but shall not relieve the owner of such Lot at the time of the levying of such Assessment and/or Special Assessment of personal liability therefore.  No sale or transfer shall relieve such Lot from liability for any Assessments and/or Special Assessments thereafter becoming due or from the lien thereof.
     

  9. Curing of Default. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association and prior to the commencement of any legal proceedings to enforce the collection of such claims for lien, the officers of the Association are hereby authorized to file of record, as the case may be an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association, but not to exceed Two Hundred Fifty Dollars ($250.00) to cover the costs of preparing the filing or recording of such release.
     

ARTICLE VI:  USE AND OTHER RESTRICTIONS

  1. General Provisions. All of the Subdivision shall be subject to the following restrictions and each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to the following terms, provisions, covenants and restrictions which run with the land are perpetual and appurtenant to the Lots:
     

    • Land Use. No Dwelling, building or structure shall be used for a purpose other than that for which the Dwelling, building or structure was originally designed, without the prior written approval of the Architectural Control Committee, provided.
       

    • Obstruction of Traffic. All Owners shall maintain their Lot in such a manner so as to not to obstruct or interfere with the free flow of traffic within the Subdivision and to preserve driver sightlines.
       

    • Nuisances. No obnoxious or offensive activity nor any activity in violation of law or ordinance shall be carried out, on or upon any portion of the Subdivision, nor shall anything be done thereon that may be or become a nuisance or annoyance, in the judgment of the Directors, to other Owners or inhabitants of Lots.
       

    • Grades. An Owner may not materially change the slope or grade of their Lot without the consent of the Architectural Control Committee.  A material change shall be such a change to the existing Lot slope or grade which creates erosion or sliding problems, or obstructs or retard the flow of water from one Lot to another.
       

    • Fences. All fences shall be located in the rear and side yards of a Lot and constructed of rail, wood picket, stone, brick, vinyl, or such other materials as may be approved by the ACC.  No chain link fencing is allowed.  No fence or wall of any kind shall be erected, begun, or permitted to remain upon any Lot unless approved by the Architectural Control Committee.
       

    • Animals and Livestock. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except dogs, cats or other household pets which may be kept, provided they are not kept, bred or maintained for any commercial purposes.  Each Owner shall comply with all ordinances, zoning and subdivision regulations of St. Charles County, Missouri, relating to the supervision, control, responsibility and maintenance of animals and/or pets in residential areas.
       

    • Parking of Motor Vehicles, Boats and Trailers. One (1) watercraft, whether motorized, self-propelled, propelled or drawn by human, wind, sail water, fuel or otherwise, including but not limited to, a boat, a vessel, a motor boat, a sailboat, a sailboard, a canoe, or a kayak, and one (1) boat trailer, one (1) recreational vehicle, (RV), one (1) camper, all-terrain vehicles (ATV’s), motorcycles, motorized bicycles, motorcycles, and dirt bikes, may be kept on a Lot so long as the same are parked or stored within a closed structure, but may not be parked or stored on a fronting street or driveway for more than three (3) consecutive nights per a given month.  Notwithstanding, an RV, boat, or camper may be parked immediately adjacent to the Dwelling on a poured concrete pad, excepting residences constructed on a corner Lot, not to extend beyond the front corner of the Lot dwelling.  All other personal property must be parked, placed or stored on a Lot within a closed structure.  Unlicensed, disabled, or inoperable motor vehicles shall not be parked or stored on any driveway or any street fronting a residence.  The repairing or painting of a motor vehicle is permitted so long as such acts are performed within the Dwelling garage.
       

    • Overhead Wiring. No power or telephone distribution or service connection lines may be erected or maintained above the surface of the ground on any Lot without the consent hereby in writing by the Architectural Control Committee established hereby.
       

    • Temporary Structures. No structure of a temporary character, trailer, mobile home, tent, shack, shall be permitted to be placed or constructed on any Lot.  No garage, barn, shed or other outbuilding shall be built or placed upon any Lot without submitting to the Architectural Control Committee plans and specifications in writing and receiving approval by the said Architectural Control Committee.  Under no circumstances may any such structure be used as a residence, either permanently or temporarily.
       

    • Signs. No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any Lot or Common Area which shall be greater than five (5) square feet in size.  All signs erected or maintained must comply with local municipal ordinance and state and federal law.
       

    • Care and Appearance of the Premises. Each Owner shall maintain such Owner’s Dwelling and all improvements, structures, drives, curbs, landscaping, lawn and grounds of such Owner’s Lot in a neat and attractive manner.  In no event shall any grass, weeds, legume, ivy or ground cover vegetation be allowed to grow to a height in excess of six (6) inches.  If, in the opinion of the Association, an Owner shall not have kept a Lot in neat and good order, then the Association shall provide Owner with written notice of same and indicate that the Owner has ten (days) of which to cure the offense or, in the event that the Owner shall fail to do so, the Association may enter the Lot and place the Lot in neat and good order, all at the cost and expense of the Owner.  Such costs and expenses incurred by the Association shall be paid to the Association upon demand, and if not paid within ten (10) days thereof; then they shall become a lien upon the property affected, equal to priority to the Assessment lien and collected as stated therein.
       

    • Trash. No building materials, trash or garbage may be buried within the Subdivision, and all building materials, trash, construction debris, refuse and garbage must be hauled off site;
       

  2. Dwelling Restrictions. In addition to the General Provisions set forth herein above, all Dwellings shall be subject to the following restrictions:

  • Land Use. None of said Lots may be improved, used or occupied for other than private residence purposes and no flat or apartment house, although intended for residential purposes, may be erected thereon, provided, however, subject to the other restrictions contained in this Declaration, an Owner may use such Owner’s Dwelling for a home occupation.  Any residence erected or maintained on any of said Lots shall be designed for occupancy by a single family.  For purposes of this Declaration, a “home occupation” shall mean:  Any occupation, business or commercial activity carried on at the Dwelling by a member of the immediate family residing at the Dwelling and no more than one (1) non related employee, which use is otherwise in compliance with all applicable laws, including, without limitation, the Zoning Ordinance of St. Charles County, Missouri, provided, the following uses are forbidden:

    • Provision of care, instruction or training of more than five (5) children at one (1) time, not including the occupants of the Dwellings, whether or not for profit;

    • Any manufacturing business;

    • Any repair shop operating on or from the Dwelling;

    • A clinic or hospital;

    • A stable, animal hospital, dog kennel or dovecote;

    • A restaurant;

    • Any activity that produces noxious matter or employs or produces flammable matter; and

    • Any occupation which involves the use of any mechanical equipment other than what is usual for purely domestic or hobby purposes, or what is usual for a small business, professional or medical office.
       

  • Height Limitation. Any Dwelling erected on any of said Lots shall not be more than two (2) levels in height above ground, provided, that walkout basements shall not be included in calculating such height limitation.
     

  • Garages. All garages must be a minimum of a two (2) car garage, and must be attached to the Dwelling unless otherwise approved by the Architectural Control Committee.  All garages facing any street must be equipped with doors which shall be kept closed as much as practicable to preserve the appearance of the elevation of the house fronting on the street.  No carports will be allowed.
     

  • Exterior Elevation. The exterior walls of any Dwelling, including the garage, shall be constructed of wood or wood products, brick, rock, or stone, or vinyl siding, or a combination thereof, and if constructed of wood, shall be stained or painted.  If an Owner is desirous of adding to or changing the exterior elevation of a Dwelling as to color, shape, material, or composition, then construction plans showing such plans and specifications for such addition or change first be presented to and approved by the Architectural Control Committee prior to the commencement of construction.
     

  • Swimming Pools. Pools, both in-ground or above-ground, shall be allowed, provided, (i) the pool area itself is fenced, and (ii) the plans and specifications for said pool and fence and a sketch showing the proposed location of the same shall be approved in advance by the Architectural Control Committee with respect to (a) the quality of materials, and (b) harmony of external design with existing Dwellings and improvements.
     

  • Rental and Boarders. An Owner shall have the right to rent their Dwelling but shall not have the right to rent only a portion of such Dwelling.  This prohibition shall not apply to live-in domestic servants or live-in nurses.
     

  • Holiday Decorations. Winter decorations shall not be placed as to any Lot prior to the weekend prior to Thanksgiving weekend and shall be removed not later than the first weekend in March.
     

  • Vegetable Gardens. The size and location of vegetable gardens shall be governed by those rules and regulations issued from time to time by the Board of Directors.
     

  • Fuel Tanks. No tank, bottle, or container for the storage of fuel shall be erected, placed, or permitted upon any Lot outside of a Dwelling.  Nothing contained herein shall be construed to limit or restrict the use of gas barbecue grills.
     

  • Private Driveways. All private driveways serving a Dwelling shall be constructed of concrete or asphalt of a thickness of no less than two (2) inches and setting upon a six (6) inch rock base.

 

ARTICLE VII: GENERAL PROVISIONS

The Directors or any Owner shall have the right to enforce by any proceeding at law or in equity, any of the covenants, conditions, restrictions and provisions hereof, either to restrain or enjoin a violation or threatened violation or to recover damages.  The Association shall have the right to recover its attorney fees and court costs incurred as a result of any such action.  Failure or forbearance by the Directors or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

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The covenants and restrictions of this Declaration shall run with and bind the land subject hereto for a term of thirty (30) years from the date of recordation of this Declaration, after which the said covenants and restrictions shall be automatically extended for successive periods of twenty (20) year each, unless an instrument signed by the then Owners of greater than fifty percent (50%) of the Lots has been recorded, agreeing to alter and/or terminate this Declaration.  No such agreement of termination shall be effective unless made and recorded one (1) year in advance of the effective date of such change, and unless written notice of the proposed agreement of termination has been sent to every Owner at least ninety (90) days in advance of any action taken.

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Any modification, amendment or change in the terms of the Declaration may be made by instrument approved by vote or amendment, signed by the Directors after such modification, amendment, or change has been approved by the affirmative vote of greater than fifty percent (50%) percent of the eligible voting Owners attending a meeting for this purpose, with said instrument then being recorded in the Office of the Recorder of Deeds of St. Charles County, Missouri.

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Any notice required to be sent under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears on the records as the record owner of the Lot at the time of such mailing or by email to the email address of the person who appears on the records as the record owner of the Lot at the time of such mailing and whose email address is on file with the Association Secretary.

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Invalidation of any of the covenants and restrictions by final judgment or decree shall in no way affect any other provision hereof, each of which shall remain in full force and effect.  In the event of any conflict between any of the terms, conditions or provisions of the Declaration and any of the terms, conditions or provisions of the Articles of Incorporation of the Association and/or the By-laws, the terms, conditions and provisions of the Declaration shall control.

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The Association and its Directors shall have the authority to enforce any and all of the terms, conditions, covenants, and restrictions as are contained within this Declaration and shall have all remedies available to it at law or in equity.  Any cost or expense incurred by the Association in the enforcement of this Declaration, including court costs and attorney fees, shall be recovered from and paid by the Owner against who the action  taken should the Association be deemed the prevailing party.

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IN WITNESS WHEREOF, the undersigned has executed this Declaration the day and year first above written.

 

 

SIGNATURES ARE HELD WITH ASSOCIATION DOCUMENTS AND AT THE ST CHARLES COUNTY RECORDER OF DEEDS IN BOOK DE 6462 PAGES 1288 TO AND INCLUDING 1442.  ACTUAL DECLARATION IS FOUND IN BOOK DE 6462 PAGES 1289 TO AND INCLUDING 1305

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