WILLOW FARM POOL & HOMES ASSOCIATION DECLARATION
This declaration, made this 12th day of April, 1976, by New Mark Development Company, Inc., hereinafter called "Developer";
Whereas, Developer is the owner of certain lots as herein described located in New Mark, a subdivision in Kansas City, Clay County, Missouri, which lots have been platted pursuant to a flat filed in the office of the Recorder of Deeds, Clay County, Missouri, in plat book 16 at page 80; and
Whereas, Developer intends to provide certain recreational facilities and services and conveniences to benefit the owners and occupants of the property herein described; and
Whereas, Willow Farm Pool and Homes Association joins in the execution and filing of this Declaration for the purpose of accepting the duties and obligations imposed on it by the terms hereof;
Now, therefore, the Developer does by these presents subject the following described lots to the covenants, charges and assessments as hereinafter set forth:
New Mark, a subdivision in Kansas City, Clay County, Missouri.
1.1 Association. "Association" shall mean the Willow Farm Pool and Homes Association, a Missouri not-for-profit corporation, its successors and assigns.
1.2 Developer. "Developer" shall mean New Mark Development Company, Inc., its successors and assigns.
1.3 Lot. "Lot" shall mean those single family residential lots, including any part or parts thereof, which are from time to time made subject to the terms of this declaration.
1.4 Owners. "Owners" shall mean those persons, firms and corporations, who may from time to time own one or more lots subject to the terms of this declaration.
1.5 Association property. "Association property" shall mean all real and personal property owned from time to time by the Association.
1.6 Member. "Member" shall mean each owner of a lot, including Developer.
1.7 Improved lot. "Improved lot" shall mean a lot upon which a residence has been constructed and which is occupied. All other lots shall be considered unimproved lots for the purpose of this declaration.
2.1 Voting rights. For the purpose of voting on any issue, members shall be entitled to cast votes as follows:
(A) Developer shall be entitled to cast three (3) votes for
each lot then owned by Developer which is subject to the terms of this declaration.
Developer may at any time, by written notice to the Association, reduce
the number of votes per lot owned by developer or totally relinquish Developer's
3.1 The Developer reserves the right to add, by written instrument, other land or lots owned by the developer to the terms and provisions of this declaration.
3.2 The Membership may:
(A) Add other land (with approval of the owner thereof) to
the terms of this declaration.
Management of the Association
The association shall be managed by a board of directors of not less than five (5) in number elected in accordance with the articles of incorporation and by-laws of the association.
Powers, Rights and Duties of the Association
5.1 Maintenance and operation of association property. The association shall maintain all improvements erected from time to time on association property for the benefit of the members of the association; operate the association facilities, including any swimming pools owned by the association, mow and resow the lawns and care for, spray, trim, protect, plant and replant trees and shrubs growing on all property which may, from time to time, belong to the association; pick up and remove from all property belonging to the association loose material, rubbish, filth and accumulations of debris; and do any other thing necessary or desirable in the judgment of the association to keep all property belonging to the association in neat appearance and good order.
5.2 Enforcement of building restrictions. The association can enforce any or all building restrictions which have been imposed or which may hereafter be imposed upon any of the land subject to this declaration. Said building restrictions may be enforced either in the form in which they were originally placed on such property or as modified subsequent thereto.
5.3 Exercise easements. The association can exercise the rights and control over such easements as it may acquire from time to time.
5.4 Garbage and Trash. The association can provide for the collection and disposal of garbage, rubbish and trash.
5.5 Snow removal. The association can provide for the plowing or removal of snow from the streets, sidewalks, and parking areas.
5.6 Lighting. The association can provide such lights as the association may deem advisable on streets, parking lots, entrances and in other public or semi-public places.
5.7 Defend and bring lawsuits. The association can employ counsel and institute and prosecute such suits as the association may deem necessary or advisable and defend suits brought against the association.
5.8 Rules and regulations with respect to the use of facilities and association property. The association can adopt and enforce rules and regulations relating to the use of structures or facilities which may exist or be erected from time to time on association property and establish charges for the use of such facilities and structures.
5.9 Suspend voting rights and rights of members to use facilities and services. The association can suspend the voting rights of members and the rights of the member and his/her family to use facilities and receive association services for any period during which assessments levied and due from such member and against his lot remain unpaid or for an infraction of rules and regulations of the association by any member or any persons in the member's family.
5.10 General powers. The association shall have such other powers and rights as are granted to not-for-profit corporations by the laws of the state of Missouri.
6.1 Annual assessment. For the purpose of providing a fund to enable the association to perform and exercise the rights, powers and duties as herein set out and to enable the association to make capital improvements, all lots described in this declaration shall be subject to an annual assessment.
6.2 Rate of Assessment. The annual assessment shall be as determined each year by the board of directors of the association, provided, however, that the annual assessment for improved lots shall not exceed $350 (three hundred) unless the membership wither present or by proxy at said meeting authorized and annual assessment in excess of $350 (three hundred). The annual assessment for each unimproved lot covered by this declaration shall be one hundred percent (100%) of the annual assessment for each improved lot. As amended 2/11/06.
6.3 Assessments--When due. The annual assessments shall be made on a fiscal year basis and shall be due March 1 of each year and delinquent April 1 of each year. Notice of the annual assessment shall be mailed to the owner by February 24 of each year. The board of directors of the association may impose a penalty of $25.00 (twenty five) for each month delinquent. Failure to make an assessment by March 1 shall not invalidate an assessment subsequently made for said fiscal year. Failure of any owner to receive notice of the assessment shall not relieve said owner of liability for payment of the assessment, together with any penalties if the assessment becomes delinquent. As amended 1-28-97
6.4 Special Assessments. The association shall have the power to levy special assessments against all lots covered by this declaration for the purpose of constructing improvements or facilities on association property, or for other necessary expenses, provided the construction of said improvements or facilities or necessary expenses has been approved by a vote of 2/3 of the votes present in person or by proxy at any regular or special meeting. The method of payment of the special assessment shall be as determined by the board of directors of the association. The amount of the special assessment for each unimproved lot shall be one hundred percent (100%) of the amount of the special assessment for each improved lot. The board may impose a penalty for each month the special assessment remains delinquent. The monthly penalty may not exceed ten percent (10%) of the amount of the special assessment. Failure of any owner to receive notice of the special assessment shall not relieve said owner of the liability for payment of the special assessment, together with any penalties if the assessment becomes delinquent. As amended 12-14-93
6.5 Personal obligations and lien on property. All assessments, together with any penalties, shall be the personal obligation of the owner, and shall constitute a continuing lien on the lot upon which said assessment is imposed. Collection of assessments and penalties may be enforced by:
(A) Lawsuit against the owner personally obligated for the
If it becomes necessary for the association to institute legal action to collect any assessment, the association shall also be entitled to collect reasonable attorneys' fees.
The lien of any assessment shall be subordinate to the lien of any first mortgage or first deed of trust heretofore or hereafter placed upon the lot subject to the assessment. Upon foreclosure of said first mortgage or deed of trust, the lien of the assessment shall be extinguished. The transfer of title to any lot (other than by foreclosure) upon which there is an unpaid assessment, shall not relieve said lot from the liability of the lien.
Failure of any owner to utilize the association facilities or of any owner to accept the services provided by the association shall not relieve said owner from the liability of the assessment.
6.6 Notice of lien. The association shall be authorized to file for record a notice showing the lien against any lot upon which the assessment has become delinquent. Neither the association nor any person filing said notice on behalf of the association shall incur any liability whatsoever for the filing of said notice. Failure to file the lien notice shall in no way affect the validity of the lien or the assessment.
All provisions of this declaration shall be deemed covenants running with the land and shall be binding on the parties hereto and their successors and assigns and the subsequent owners of the land herein described.
This declaration may be amended by a vote of two thirds (2/3) of the votes present either in person or proxy at any annual or special meeting of the membership provided written notice of the proposed amendments has been mailed to each member at least ten (10) days in advance of the meeting. Any amendment so approved shall be evidenced by a written instrument executed, acknowledged and filed for record in Clay County, Missouri. The declaration may also be amended by written instrument executed by the owners of two thirds (2/3) of the lots which instrument shall be filed for record in Clay County, Missouri.
In witness whereof, New Mark Development Company, Inc., by authority of its board of directors, has caused these presents to be executed by its president and its corporate seal to be hereto affixed this 12th day of April, 1976.
Willow Farm Pool and Homes Association, a Missouri not-for-profit corporation, joins in the filing of the aforesaid declaration and agrees to carry out the functions and duties of the association as provided in the above declaration, April 12, 1976.