westfieldwoods.com

 

Westfield Woods Community Association

Home C & R's Board of Directors Board Minutes About Us
   

Wednesday, 09 March 2011

 

Title:                                                 Fifth Amendment to Declaration of Covenants and

Restrictions for Westfield Woods

 

Date:                                     This Fifth Amendment is made on this 12th day of February 2003 by the Westfield Woods Community Association hereinafter referred to as the "Association".

 

Grantor/Grantee:    Westfield Woods Community Association

 

Address:                               3023 Highway K, PMB 589, St. Charles, MO 63304

 

WITNESSETH:

 

WHEREAS, a Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on August 17, 1995, in Book 1770 at Pages 934-950; and

 

WHEREAS, a First Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on May 28, 1998, in Book 2079, at Pages 1721-1722; and

 

WHEREAS, a Second Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on April 19, 1999, in Book 2238, at page 363-364; and

 

WHEREAS, a Third Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on March 20, 2002, in Book 2841, at page 640; and

 

WHEREAS, a Fourth Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on __________________, 2003, in Book___________, at page__________; and

 

WHEREAS, those Declarations provide in Article IX, Section 5, that those Declarations may be amended by an Instrument of Change approved by a majority of lot owners in accordance with the Fourth Amendment of those Declarations; and  

 

WHEREAS, on February 12, 2003, a majority of record owners cast their votes in favor of the following amendment,

 

NOW, THEREFORE, the Association amends the above-referenced Declaration of Covenants and Restrictions as follows:

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

ARTICLE VII -- Use Restrictions, Section 1, Item 7, Livestock

 

Re-number existing Item 7 to be Item 7a.

 

Add the following Item 7b:

 

7b. Animal Control Policy:  For purposes of this Policy, the term "Owner" means any person owning, keeping, harboring or having custody of a dog or other animal within the City.

Duty of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animalís behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.

In the event that the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with.

Public Nuisances; Abatement of Nuisance; Notice of Violation. No Owner shall permit his or her Animal to damage or foul any lawn, garden or other property. An Owner shall have the responsibility of cleaning up any feces of the Animal and to dispose of such feces in a sanitary manner.  Any owner or any individual walking an Animal off their own property must carry means to dispose of feces. Lack of such means is prima facie evidence of intent to violate this section of this policy.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

------------AND------------

 

 

Replace Article IX, Section 6 verbiage with the following:

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

 

ARTICLE IX - General Provisions

 

            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 except in the case of a violation of the Animal Control Policy when the penalty is TWENTY FIVE DOLLARS ($25.00) per incident.  If payment is not received within fifteen (15) days 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.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

IN WITNESS WHEREOF, Bruce Taylor, President; D. M. Abbott, Secretary; and Michael Detrick, Treasurer, of the Westfield Woods Community Association causes this Third Amendment to Declaration of Covenants and Restrictions for Westfield Woods to be executed on this 12th day of  February, 2003.

 

           

_________________________        _________________________        _______________________

 

Bruce Taylor, President                 D. M. Abbott, Secretary                  Michael Detrick, Treasurer

 

 

 

     State of Missouri                                )

                                                                             ) SS.

     County of St. Charles             )

 

On this  __________  day of  __________________ , 2003 before me personally appeared Bruce Taylor, D. M. Abbott, and Michael Detrick, who, being by me duly sworn did say that they are President, Secretary, and Treasurer respectively of the Westfield Woods Community Association and authorized to execute the foregoing instrument, and have acknowledged that they have executed the same as their free act and deed.

 

IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written.

 

My term expires:

 

 

                        ______________________                    _________________________________________

                                                                                                     NOTARY PUBLIC

    

(NOTARY SEAL)

 

 

Copyright 2006 Westfield Woods Community Association