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Wednesday, 09 March 2011

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

ARTICLE V - BOARD

ARTICLE VI Architectural Control Committee

ARTICLE VII USE RESTRICTIONS

ARTICLE VIII -  Easements

ARTICLE IX -  General Provisions

SECTION 1. Duration:

The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the Owners of the Lots has been recorded, agreeing to change said Covenants and Restrictions in whole or in part.

SECTION 2. Notices:

Any notice required to be sent to any Member or 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.

SECTION 3: Enforcement:

Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity by the Association against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, or both, and against the land to enforce any lien created by these covenants; and failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so at any time thereafter.

SECTION 4. Severability:

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

SECTION 5. Amendments: (Amendment 4 September 1,2002)

Any Owner may request the Board of Directors to hold a regular or special meeting of the Owners for the purpose of considering a resolution to amend the Covenants and Restrictions of this Declaration. This request must be in writing and must include the text of the proposed resolution. Upon receipt of such request the Board must schedule and conduct a meeting of Owners within 90 days of the date of such request. A majority vote of Owners present in good standing and/or represented by valid proxies at this meeting approving said Resolution will cause the Board to initiate and circulate an Instrument of Change among all Owners for the purpose amending this Declaration. The Secretary shall cause this Instrument of Change to be distributed to all Owners within seven (7) days of the meeting at which the subject resolution was approved. The Owners must complete and return this change instrument within twenty-one (21) days of said meeting for it to be considered.

The provisions hereof may be amended, modified or changed by the written consent of a majority of all Owners. Should consent be granted by a majority of Owners the Board of Directors will cause such amendment, modification or change to be recorded in the Office of the Recorder of Deeds for St. Charles County, Missouri. No amendment, modification or change shall reduce or modify the obligations or rights granted to or imposed upon the Directors or eliminate the requirement that there be Directors unless some person or entity is substituted for the Directors with their duties and responsibilities in a manner approved by the City of Dardenne Prairie.

SECTION 6. Violations and Penalties:

Any homeowner that is found in violation of any term or condition of this Declaration will have thirty (30) days to cure the violation or violations after notifications in writing by the Board of Directors or the Developer. If the violation is not remedied within that period, the Owner will be charged an assessment of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month per violation. If payment is not received within fifteen (15) days of the end of the one (1) month period, the assessment will become a lien on said house and is subject to the same terms and conditions as in Article IV, Section 9.

SECTION 7: Notice of Claim of Lien:

The Board of Directors or the Developer may file with the Recorder of Deeds a notice of claim of lien against any lot for the violation of the Covenants and Restrictions.

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

 

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