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Westfield Woods Community Association

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Tuesday, 14 October 2014

Covenants & Restrictions

Note:  The following links to the documents are not an official copy of the Declaration of Covenants and Restriction for Westfield Woods.  The only official copy of the document is on file with the Recorder of Deeds, County of St. Charles , State of Missouri .

Declaration

ARTICLE I - Definitions

ARTICLE II – PROPERTY SUBECT TO THIS DECLARATION AND ADDITIONS THERETO

ARTICLE III – MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

ARTICLE IV – COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments:

Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from tie to time as hereinafter provided. The annual and special assessments, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property when such assessment is made in accordance with Article IV, Section 3 herein. Each such assessment, together with the cost of collections hereof as hereinafter provided, shall be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

Section 2. Purpose of Assessments:

The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of any Common Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. This includes, but is not limited to street lights, entrance monuments, the common ground and the common elements.

Section 3. Basis and Maximum of Annual Assessments:

At the first organized meeting of the association, annual assessments shall be determined, until such time the assessment shall be $200.00 per lot per year, however, no lot shall be subject to the annual assessment until sold by the Developer.

From and after that time, the annual assessment may be adjusted by vote of the Members, as hereinafter provided, for the next succeeding period of three years.

Section 4. Special Assessments for Capital Improvements:

In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction unexpected repair or replacement of a described capital improvement upon any Common Properties, provided they any such assessment shall have the assent of the majority of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 5. Change in Basis and Maximum of Annual Assessments:

The Association may change the assessments fixed by Section 3 hereof prospectively for any period provided that any such change shall have the assent of a majority of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 6. Quorum for Any Action Under Section 4 and 5:

The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows: At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the Meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be ninety percent (90%) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 7. Date of Commencement of Annual Assessment Due Dates:

The annual assessments provided for herein shall be due on January 1 of each and every year.

The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for closing. The assessments for any year, after the first year, shall become due and payable on the first day of March of said year.

The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 herein as the remaining number of months in that year bear to twelve. The same reduction in the amount of assessment shall apply to the first assessment levied against any property which is hereinafter added to The Properties by way of Act II Section 2 or by the sale of the specific lot by the Developer now subject to assessment at a time other than the beginning of any assessment period.

The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

Section 8. Duties of the Board of Directors:

The Board of Directors of the Association shall fix the date of commencement and the amount the assessment against each Lot for each assessment period of at least thirty (30) days in advance3 of such date or period and shall, at that time, prepare a roster of The Properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.

Written notice of the assessment shall thereupon be sent to every Owner subject thereto.

The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 9. Effect of Non-Payment of Assessment of Lien, The Personal Obligation of the Owner, The Lien, Remedies of Association:

If the Assessments or Liens are not paid on the date when due (being the dates specified or time period specified in Section 7 hereof) then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devises, personal representatives and assigned.

If the assessment or lien is not paid within thirty (30) days after it is due it will then be considered delinquent. The delinquency thereafter will be charged at a rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of preparing and filing the compliant in such action and in the event a judgment is obtained, such judgment shall include interest of the assessment as above provided and a reasonable attorney’s fee to be fixed by the court together with the costs of the action.

Section 10. Subordination of the Lien to Mortgages:

The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereinafter placed upon the properties subject to assessment; provided, however that such subordination shall apply only to the assessments which have become due and payable to a sale or transfer of such property pursuant to a decree of foreclosure, or any other in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter become due, nor from the lien of any such subsequent assessment.

Section 11. 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 or 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 One Hundred Dollars ($100.00) to cover the costs of preparing and filing or recording such release.

Section 12. Cumulative Remedies:

The Assessment lien shall be in addition to all remedies provided in this Declaration or the Articles of Incorporation or the By-Laws of the Association or remedies otherwise provided or permitted by law. The remedies specified are cumulative and not in substitution of other remedies available at law or equity, including a suit to recover a money judgment for unpaid assessments, as above provided.

Section 13. Exempt Property:

The following property subject to this Declaration shall be exempted from the assessments, charge and lien crated herein: (a) all properties to the extent of any easement of other interest therein dedicated and accepted by the local public authority and devoted to the public use except for the lots that may have easements in it; (b) all Common Properties as defined in Article I, Section 1 hereof; (c) all properties exempted from taxation by the laws of the State of Missouri upon the terms and to what extent of such legal exemption; and (d) all lots owned by the Developer.

Section 14. Common Properties:

The common properties which the Association shall maintain includes, but are not limited to the following: All common grounds and improvements thereon, all streets and cul-de-sacs. Maintenance of any part of or all of these common properties may be transferred upon acceptance by St. Charles or a municipality. The Developer may add to the common properties by a recorded instrument.

Section 15. Indemnification:

The Association shall indemnify every officer and Director against any and all expenses, including legal fees reasonably incurred by or imposed upon any officer or Director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer or director, provided that any such officer or director has acted in good faith or in a manner reasonably believed to be in, or not opposed to, the best interest of the members. The officers and directors shall not be liable for any mistake of judgement, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify, defend, and forever hold each officer and director free and harmless against any and all liability to others on account of any such contract or commitment., this right to indemnification shall not exclude other rights to which any officer or director, or former officer or director, may be entitled. The Association may, as a common expense, maintain adequate general liability and Directors’ and Officers’ liability insurance to fund this obligation, if such insurance is reasonably available.

Section 16. Indemnification for Actions of Others:

Property Unit Owners shall hold the Architectural control Committee, Developers, and Owners and occupants harmless from the actions of their children, tenants, guests, pets, servants, employees, agents, invitees, or licensees.

ARTICLE V - BOARD

ARTICLE VI – Architectural Control Committee

ARTICLE VII – USE RESTRICTIONS

ARTICLE VIII -  Easements

ARTICLE IX -  General Provisions

Amendments

Amendment 1, Article IV, Assessments

Amendment 2, Article VII, Section 2, Paragraph 9

Amendment 3, Articles I and V

Amendment 4, Article IX

Amendment 5, Article VII, Section 1, Paragraph 7 & Article IX

Amendment 6, Article VII, Section 1, Paragraph 5

 

Copyright 2006 Westfield Woods Community Association