Section 3.35 Homes Association Declaration—Form

• Library: Urban Development, Subdivisions, and Annexations 2011 Froms

(Subdivision Name) Homes Association Declaration

This Declaration, made as of the _____ day of __________, 20___, by ______________,
[a __________] (“Developer”);

Witnesseth:

Whereas, Developer has executed and filed with the Recorder of Deeds of __________ County, Missouri, a plat of the subdivision known as “__________”; and

Whereas, such plat creates the subdivision of __________, composed, in part, of the following described lots and tracts:

Lots __________ through __________ of Block __________, [and Lots __________ through __________ of Block _________, etc.] of __________, a subdivision in the City of __________, __________ County, Missouri, according to the recorded plat thereof;

and

Whereas, Developer, as the present owner and developer of the above-described lots and tracts, desires to create and maintain a residential neighborhood and a homes association for the purpose of enhancing and protecting the value, desirability, attractiveness, and maintenance of the property within the subdivision;

Now, therefore, in consideration of the premises contained herein, Developer, for itself and for its successors and assigns, and for its future grantees, hereby subjects all of the above-described lots to the covenants, charges, assessments, and easements hereinafter set forth.

Article I Definitions

For purposes of this Declaration, the following definitions shall apply:

(a) “Board of Directors” shall mean the Board of Directors of the Homes Association.

(b) “Certificate of Substantial Completion” shall mean a certificate executed, acknowledged, and recorded by the Developer stating that all, or at the Developer’s discretion, substantially all, of the Lots in the District (as then composed or contemplated by the Developer) have been sold by the Developer and the residences to be constructed thereon are substantially completed.

(c) “Common Areas” shall mean (i) street rights-of-way, (ii) streets and street islands, (iii) gateways, entrances, monuments, berms, and other ornamental areas and related utilities, street lights, sprinkler systems, and landscaping constructed or installed by or for the Developer at or near the entrance of any street or along any street, and any easements related thereto, and (iv) all other areas and places, together with all improvements thereon and thereto (including any swimming pool, tennis courts, clubhouse, or other recreational facilities that may be constructed or erected), that are intended for the use, benefit, or enjoyment of all of the Owners within the District, whether or not any “Common Area” is located on any Lot, all as shown on the recorded plat of all or part of the District.

(d) “Developer” shall mean and refer to __________ __________, [a __________] and __________ [heirs/successors] and assigns.

(e) “District” shall mean all of the above-described lots in __________, all Common Areas, and all additional property that hereafter may be made subject hereto in the manner provided herein.

(f) “Homes Association” shall mean the Missouri not-for-profit corporation to be formed by the Developer for the purpose of serving as the homes association for the District.

(g) “Lot” shall mean any lot shown as a separate lot on any recorded plat of all or part of the District.

(h) “Owner” shall mean the record owner in fee simple of any Lot, including the Developer.

(i) “Street” shall mean any public street, road, terrace, circle, boulevard, or cul-de-sac shown on any recorded plat of all or part of the District.

Article II Homes Association Membership, Voting, and Management

Membership in the Homes Association shall be limited to the Owners of Lots within the District, and every such Owner shall automatically be and become a member upon acquisition of fee title to a Lot. The Homes Association shall have only one class of membership. Each member shall have one vote for each Lot for which the member is the Owner and upon which the member shall not be delinquent in the payment of any assessment; provided, however, that when more than one person is an Owner of any particular Lot, all such persons shall be members and the vote for such Lot shall be exercised as they, among themselves, shall determine, but in no event shall the vote be divided nor shall more than one vote be cast with respect to such Lot.

Article III Powers and Duties of the Homes Association

1. In addition to the powers granted by other portions of this Declaration, by any deeds, declarations, or plats covering the property in the District, or by law, the Homes Association shall have the power and authority to do and perform all such acts as may be...