DURATION
These covenants and restrictions of the Declaration shall run with and bind the land and
shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot
subject to the Declaration, their respective legal representatives, heirs, successors, and assigns, for
a term of twenty (20) years from the date this Declaration are recorded, after which time said
covenants shall automatically extend for successive periods of ten (10) years. The covenants and
restrictions of this Declaration may be amended during the first twenty (20) year period by an
instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an
instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any
amendment must be properly recorded.
Dated January 6, 1994
Approval by Class B Member. As long as there is a Class B membership, the following
actions, which are in addition to those as are set forth herein, will require prior approval of said
Class B member:
(a) Annexation of additional properties;
(b) Dedication of Common Areas;
(c) Amendment of this Declaration of Covenants, Conditions and Restrictions.
These restrictions hereby encompass by reference as if fully stated the license laws of the
City of Lee's Summit, Missouri as they now exist and my be from time to time amended
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot
which is subject by covenants of record to assessment by the Association, including contract
sellers, shall be a member of the Association. The foregoing is not intended to include persons or
entities who hold an interest merely as security for the performance of an obligation. No Owner
shall have more than one membership. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment by the Association.
Ownership of such Lot shall be the sole qualification for membership.
VOTING RIGHTS
The Association hall have two classes of voting membership.
Class A. Class A members shall be all those Owners as defined in Article 11 with the
exception of the Declarant. Class A members shall be entitled to one vote for each Lot in which
they hold the interest required for membership by Article 11. When more than one person holds
such interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as they among themselves determine, but in no event shall more than one vote be cast
with respect to any Lot.
Class B. The Class B member shall be the Declarant. The Class B member shall be
entitled to approval and exercise veto power in conjunction with all votes by the Association's
members including all votes by the members of the Association Board of Directors, so long as the
Class B membership holds ownership in five percent (5%) of the preliminary platted subdivision
Lots, provided that, the Class B membership shall cease and be converted to a Class A
membership in the event the Class B membership owns less than five percent (5%) of all
preliminary platted subdivision Lots. Said approval and veto power may be exercised by the
President and Secretary of the Declarant.
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained
upon the Properties, nor shall any exterior addition to or change or alteration therein be made
including exterior color, until the plans and specifications showing the nature, color, kind, shape,
height, materials and location of the same shall have been submitted to and approved in writing as
to harmony of external appearance, design and location in relation to surrounding structures and
topography by the Class B member.
EXTERIOR MAINTENANCE
In the event a need for maintenance or repairs is cause through the willful or negligent act
of an Owner, his family or guest or invitees, the cost of such maintenance which shall include but
not be limited to paint, repair, replace, care of roofs, gutters, down spouts, exterior building
surfaces, trees, shrubs, grass, walks and other exterior improvement but shall not include glass
surfaces, may be assessed against the Owner if such maintenance or repairs are implemented by
the Association and if so assessed shall be added to and become a part of the assessment to which
the Lot is subject.
All property shall be used, improved and devoted exclusively to residential use. Nothing
herein shall be deemed to prevent the Owner from leasing a Dwelling to a single family, subject
to all provisions of this declaration. Declarant, however, may maintain sales offices, management
offices and model homes.
Restriction on Further Subdivision. No Lot upon which a living unit has been constructed
shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than
all of such Lot, nor any easement or other interest therein shall be conveyed or transferred by an
Owner.
No temporary structure or any house trailer, mobile home, basement, tent, shack,
detached garage, or outbuilding shall be permitted to be placed on said property.
Basis of Annual Assessments. One Hundred dollars ($100) annual assessment due April
New homeowners will pay a portion of a calendar quarter at twenty-five dollars ($25) per
quarter. Annual assessment may be increased or decreased by 2/3 of the votes of the members
who are voting in person or by proxy.
Special Assessments for Capital Improvements. In addition to the annual assessments
authorized above, the Association my levy any assessment year, a Special Assessment applicable
to that year only, for purpose of defraying, in whole or in part, costs of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common Area, including
fixtures, personal property related thereto or purchases of additional Common Areas, provide that
any such assessments shall have the assent of 2/3 of the votes of the members who are voting in
person or by proxy at a meeting duly called for this purpose, which written notice shall be sent to
all members not less that ten (10) days nor more than forty-five (45) days in advance of the
meeting setting forth the purpose of the meeting.
At any such meeting, the presence of members or proxies entitled to cast sixty percent (60%) of
all votes which can be cast shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirements as set forth herein.
Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments,
general or special, which are not paid when due shall be delinquent. If the assessment is not paid
within sixty (60) days after the due date, the assessment shall bear a late fee of Ten ($10) dollars
per month, and interest from the date of delinquency at the rate of eighteen percent (18%) per
annum until paid in full, and the Association may bring an action at law against the Owner
personally obligated to pay the same, and in addition foreclose the lien against the property. Said
lien may be foreclosed by an action brought in the name of the Board of Directors of the
Association and their successors in office acting on behalf of all Association members in like
manner as a mortgage of real property as provided in Sections 443.190 -443.310 R. S. MO.
Members of the Board of Directors and their successors in office acting on behalf of the
Association owners through an appointed representative shall have the power to bid any interest
so foreclosed at the foreclosure sale and to acquire and hold, lease, mortgage, and convey the
same. Any recovery obtained by the Board of Directors of the Association as a result of the
foreclosure action, or any monies obtained through acquisition, sale, or lease of the aforesaid
shall be first applied to the expense of such foreclosure sale or lease and then to any unpaid
assessments, expenses, fees, or late charges accrued pursuant to these Declarations and any other
lawful charges due and owning to the Association from the Owner. Interest, costs and reasonable
attorney's fees of any such action shall be added to the amount of such assessment. No Owner
shall waive or otherwise escape liability for the assessments provided for here in for non-use of
Common Areas or abandonment of his Lot.
No fences exceeding 72 inches in height shall be erected around perimeter of Lots.
Privacy fences not exceeding 72 inches in height are permitted around patio or pool areas. All
horizontal and vertical bracing will face inside of Lot where installed. No chain link fences
allowed. No dog runs allowed.
All fireplaces shall be masonry or zero clearance, built to match, or compatible with
siding, and a low profile rectangular top.
Each Owner shall keep all Lots owned by him and all improvements thereon in good
repair, and free of debris and unsightly materials including but not limited to seeding, watering
and mowing of all lawns; pruning and cutting of trees and shrubbery and painting (or other
appropriate external care) of all buildings and other improvements, all in a manner and such
frequency as consistent with good property management. In the event the Owner of any Lot in the
properties shall fail to maintain the premises and improvements situated thereon, the Board of
Directors shall have the right through its employees or agents to enter upon said Lot, correct or
repair, maintain or restore said Lot and the exterior of any buildings or other improvements
erected thereon. All costs related to such corrections or repairs shall be added to and become an
assessment against said Lot as provided for herein.
No signs of any kind shall be displayed to the public view of any Lot, except one
professional sign of not more than one square foot, one sign of not more than five square feet
advertising the property for sale or rent or signs used by a builder to advertise the property during
construction and sales period.
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