New Mark First Pool
Covenants and Restrictions
November 8th,
2020
Declaration of Restrictions, New Mark
Section 1 – Persons Bound by These
Restrictions
Section 2 - Use of the Land
Section 3 - Frontage of Residents on
Streets
Section 4 - Ground Frontage Required
Section 5 - Setback of Residences from
Streets and Side Lines
Section 6 - Height of Residences
Section 7 - Required Size of Residences
Section 8 - Approval of Design and
Location
Section 9 - Exterior Appearance
Section 9.1 - Exterior Antennas
Section 10 - Fences
Section 11 - Location of Utilities -
Connections
Section 12 - Sheds and Outbuildings
Section 13 - Livestock and Poultry
Prohibited
Section 14 - Signs and Billboards
Prohibited
Section 15 - Storage Tanks Prohibited
Section 16 - Automobile Repair and
Storage of Automobiles, Trailers, etc. Prohibited
Section 17 - Nuisances
Section 18 - Duration of Restrictions
Section 19 - Right to Enforce
Section 20 - Effect or Invalidity of a
Portion of this Declaration
Section 21 – Rental Property Registration
Section 22 - Homes Association
Declaration
Additional Restriction of New Mark First
Pool Association
Article I: Definitions
Article II: Membership and Voting Rights
Article III: Additional Lands. How They
May Be Added
Article IV: Management
of The Association
Article V: Powers, Rights, and Duties of
the Association
Article VI: Assessments
Article VII: Additional Powers Given to
the Association
Article VIII: To Observe All Laws
Article IX: Covenants Running with the
Land
Article X: Special Meetings
Article XI: Termination
Acknowledgment
Declaration of Restrictions, New Mark
This Declaration of Restrictions is made
this 8th day of November, 2020, by the New Mark First Pool
Association, a corporation, the owner of all property in New Mark, a
subdivision of land in Kansas City, Clay County, Missouri, according to the
recorded plat thereof.
Witnesseth:
NOW, THEREFORE, for itself and for its
successors and assigns and for its and their future grantees, New Mark
First Pool Association hereby declares that the lands specifically designed
below as shown on the recorded plat of New Mark shall be and hereby are
restricted as to their use in the manner hereinafter set forth.
WHEREAS, A new declaration of restrictions was
made on November 8th, 2020 imposing certain covenants and
restrictions (the “Covenants and Restrictions”) on real estate situated in Clay
County, Missouri; and
WHEREAS, the Executive Board included updates
from the previous covenant and restrictions to address changes requested by
members of the Association, and
WHEREAS, the language of the covenant and
restrictions was revised to improve consistency within the document and with
the Bylaws of the Association; and
WHEREAS, the annual dues have been increased to address
the rising operating costs associated with the Association amenities; and
WHEREAS, those Covenants and Restrictions
have been filed in the records of the Clay County recorder of deeds; and
WHEREAS, the members of the New Mark First Pool
Association approved those Covenants and Restrictions at a duly held vote of
the members on November 8th, 2020, which is attached and incorporated by reference.
IT IS THEREFORE RESOLVED,
that these Covenants and Restrictions of the subdivision are hereby adopted by
the Association; and
IT IS FURTHER RESOLVED, that in the event
of conflict or ambiguity within this document and any prior versions of the
Covenants and Restrictions this document shall control.
For the purpose of these restrictions:
The term "Association" shall
mean New Mark First Pool Association., its successors and assigns.
The term "Street" shall mean
any street, road, or drive which is shown on the plat of New Mark.
The term "Out Building" shall
mean an enclosed, covered structure not directly attached to the residence to
which it is appurtenant.
The term "Lot" shall mean
either (1) any lot as shown on the plat of New Mark or (2) any tract or tracts
of land as conveyed, consisting of one or more lots or part or parts of one or
more lots as platted, upon which a residence may be erected in accordance with
the restriction hereinafter established, or as established in individual deeds
from New Mark First Pool Association, or from its successors and assigns.
The term "Corner Lot" shall be
deemed to mean any lot as platted or any tract of land as conveyed having more
than one street contiguous to it. The street upon which the lot or
part thereof fronts, as shown on the plat of New Mark, shall be deemed to be
the front street, and any other street contiguous to such corner lot shall be
deemed a side street. Houses on corner lots may be set diagonally thereon.
The "Front Building Line" shall
be deemed to be that line parallel to the front street as shown on the recorded
plat of New Mark.
Section 1 - Persons Bound by These Restrictions
All persons or corporations who now own
or shall hereafter acquire any interest in the residential lots numbered:
Lots 1 through and including 27 of Block
1.
Lots 1 through and including 22 of Block
2.
Lots 1 through and including 27 of Block
3.
Lots 1 through and including 22 of Block
4.
Lots 1 through and including 5 of Block
5.
Lots 1 through and including 16 of Block
6.
Lots 1 through and including 31 of Block
7.
Lots 1 through and including 24 of Block
8.
Lots 1 through and including 32 of Block
9.
Lots 1 through and including 40 of Block
10.
Lots 1 through and including 16 of Block
11.
as shown on the recorded plat of New
Mark, a subdivision of land in Kansas City, Clay County, Missouri, shall be
taken to hold and agree and covenant with the owner of said lots, and with its
successors and assigns, to conform to and observe the following covenants,
restrictions and stipulations as to the use thereof and the construction of
residences and improvements thereon for a period of time ending on December 31,
2025, provided, however, that each of said restrictions shall be renewable in
the manner hereinafter set forth.
None of the lots referred to in Section 1
hereof shall be used or occupied for other than single-family residence
purposes. Any residence erected or maintained on any of said lots shall be
designed for occupancy by a single family.
Section 3 - Frontage of Residents on Streets
Any residence erected wholly or partially
on a lot which is not a corner lot shall front on the front building line. Any
residence erected on a corner lot shall front on the front building line and
shall present a good appearance on the side building line as shown on said
plat; provided, however, that any residence erected on a corner lot may be set
diagonally thereon.
Section 4 - Ground Frontage Required
No dwelling may be erected upon any lot
herein described except upon a lot or lots or part or parts thereof with a
street frontage of not less than the number of feet as shown on the recorded
plat; proved that the Association shall have and does hereby reserve the right
in the sale and conveyance of any of the lots bound by these restrictions to
reduce the required frontage to be used with any residence on any lot, and the Association
may, at any time thereafter, with the consent in writing of the then
record owner of the fee simple title to any such lot, change any required
frontage herein specified or established by the conveyance of said lot;
however, no change may be made at any time that will reduce the required
frontage of land to be used and maintained with any residence erected thereon [sic]
more than a ten (10) feet below the minimum number of feet required for such
residence as set forth above.
Section 5 - Setback of Residences from Streets
and Side Lines
No part of any residence, except
fireplace chimneys, porches, driveways and walk, may be erected or maintained
on any of said lots nearer to the front street of the side street than the
front building line or the side building line, respectively, as shown on the
plat of New Mark. No part of any residence, except as provided in Section 10
dealing with fences, may be erected closer to the side lines of any lot than is
allowed by the zoning ordinances of the City of Kansas City, Missouri.
Provided, however, that the Association may at any time hereafter with the
consent in writing of the then record owner of the fee simple title to any such
lot, change any building line that is shown on said plat. Provided further that
no change shall be made at any time which will permit the erection or
maintenance of any residence on any lot more than five (5) feet nearer to the
front street or five (5) feet nearer to a side street than is the front
building line or the side building line as shown on said plat.
Section 6 - Height of Residences
No residence erected on any of lots
hereby restricted may exceed two and one-half (2 1/2) stories, nor be less than
one full story in height without the written permission of the Association.
Section 7 - Required Size of Residences
Any single-family residence erected on
any of the lots hereby restricted shall contain not less than one thousand
(1000) square feet of total floor area, exclusive of porches, breezeways,
basements, attics, or attached garages; provided, however, that the Association
shall have and does hereby reserve the right in the sale or conveyance of any
said lots to change the required size of the residence to be erected on said
lots.
Section 8 - Approval of Design and Location
No construction shall be commenced upon
any building, nor shall any building be moved upon any lot, until the exterior
design and materials to be used are first approved in writing by the Executive
Board. The Association does hereby reserve the right to determine the location
of all buildings on the respective lot or lots, as well as the relation of the
top of the foundation to the street level. All such approvals shall be in
writing.
Section 9 - Exterior Appearance
No building shall be permitted to stand
with its exterior in an unfinished condition for longer than nine (9) months
after the commencement of construction. In the event of fire, windstorm or
other damage, the exterior of no building shall be permitted to remain in a
damaged condition for longer than three (3) months. Any improvements or renovations to the
exterior of a property of one hundred (100) square feet or more in area,
including painting, shall be approved in writing by the Executive Board. The
request shall state the name and address of the owner of the lot on which the
proposed improvements or renovations are to be completed and a description of
the improvements or renovations. The Executive Board shall, within thirty (30)
days after the date on which such request is received, give to the owner of the
property its written approval or disapproval of the request. In the event that
the Executive Board shall fail to give such written approval or disapproval
with such thirty-day period, then permission to proceed with the improvements
or renovations described in the notice shall be deemed to have been granted.
Section
9.1 - Exterior Antennas
No exterior television or radio antenna
of any sort shall be erected or maintained on any lot. In the event a home does
not have, in the judgment of the Executive Board, adequate room for placement
in the attic or concealed area, this rule can be waived in writing by the
Executive Board.
No fence of any kind or description shall
be erected on any lot unless and until the location, height
and material to be used have been approved in writing by the Executive Board.
Any person desiring to construct a fence on any lot shall submit to the Executive
Board a written request for permission to construct a fence. The request shall
state the name and address of the owner of the lot on which the proposed fence
is to be constructed and the location, height, and materials to be used in
constructing the fence. The Executive Board shall, within thirty (30) days
after the date on which such request is received, give to the owner of the
property its written approval or disapproval of the request. In the event the Executive
Board shall fail to give such written approval or disapproval with such thirty-day
period, then permission to construct the fence described in the notice shall be
deemed to have been granted. It is expressly provided, however, that no fence
to be constructed along the boundary line of any lot shall exceed six (6) feet
in height for wood, metal, composite or vinyl fences nor shall exceed four (4)
feet in height for chain link fences.
Section 11 - Location of Utilities -
Connections
The Association shall have and does
hereby reserve the right to locate, erect, construct, maintain and use, or
authorize the location, erection, construction, maintenance and use of, drains,
sanitary and storm sewers, gas and water mains and lines, telephone and
electric lines, and other utilities, and to give or grant right-of-way, or
easements therefore over and upon any part of said land reserved for utility
easements on the recorded plat. No connection of any kind shall be made to any
sewer line without prior inspection and approval by the Association, and all
storm and sanitary sewer construction and connections shall conform to the then
current rules and regulations of the Sewer district within which the
subdivision lies.
Section 12 - Sheds and Outbuildings
No temporary or incomplete building may
be erected on any of said lots without the written consent of the Executive
Board. Permanents sheds or outbuildings
are permitted to be erected provided they are approved in writing by the
Executive Board and meet the stated minimum requirements. No shed or
outbuilding of any kind or description shall be erected on any lot unless and
until the location, width, length, height, and material to be used have been
approved in writing by the Executive Board. Any person planning to construct a
shed or outbuilding on any lot shall submit to the Executive Board a written
request for permission to construct a shed or outbuilding. The request shall
state the name and address of the owner of the lot on which the proposed shed
or outbuilding is to be constructed and the location, width, length, height,
and materials to be used in constructing the shed or outbuilding. The Executive
Board shall, within thirty (30) days after the date on which such request is
received, give to the owner of the property its written approval or disapproval
of the request. In the event that the Executive Board shall fail to give such
written approval or disapproval with such thirty-day period, then permission to
construct the shed or outbuilding described in the notice shall be deemed to
have been granted.
Any shed or outbuilding must meet all
City of Kansas City, MO ordinances and permitting requirements. Only one (1)
shed or outbuilding per lot will be approved.
Sheds or outbuildings shall not, under any circumstances, be used as a
living space. Sheds or outbuildings must
be installed in the backyard of the lot.
The maximum footprint (length by width) shall be 150 square feet and the
maximum height at the peak of the roof shall be 12 feet,
unless an exception is approved by the Executive Board.
Exterior cladding and roofing material
shall compliment the primary residence in both style and color. Exterior cladding shall be wood, vinyl,
composite, or plastic material. No
fiberglass or all metal sheds will be approved.
No items may be stored outside of or attached to the outside of the shed
or outbuilding.
Property owners are responsible for the
maintenance of the shed or outbuilding on their property. Failure of a property
owner to maintain the shed or outbuilding will be considered a violation and
may result in the required removal of the structure at the discretion of the
Executive Board.
Children’s play sets are permitted in
addition to a shed or other outbuilding. Children’s play sets do not require
approval by the Executive Board; however, the property owner shall be
responsible for maintaining them in a safe and working condition. The Executive Board reserves the right to
require a play set to be removed if it is determined to be in an unsafe
condition.
Section 13 - Livestock and Poultry
Prohibited
No livestock or poultry may be kept or
maintained on any of said lots without the consent in writing of the Executive
Board provided, however, that there may be maintained upon any one lot at any
one time no more than two (2) dogs and two (2) cats over twelve (12) weeks of
age, and no more than six (6) rabbits.
Section 14 - Signs and Billboards
Prohibited
No signs, advertisements, billboards or
advertising structures of any kind may be erected or maintained on any of said
lots without the consent in writing of the Association; provided, however, that
not more than one advertising sign may be erected and maintained on each lot or
tract sold and conveyed. Such advertising sign shall not be more than five (5)
square feet in size and it may be used for the sole and exclusive purpose of
advertising for sale or lease the lot or tract upon which it is erected.
Section 15 - Storage Tanks Prohibited
No tanks for the storage of fuel may be
maintained above the surface of the ground on any of the lots hereby
restricted.
Section 16 - Automobile Repair and
Storage of Automobiles, Trailers, etc. Prohibited
There shall be no automobile repair
conducted on any of the lots bound by these restrictions. No automobiles,
trailers, campers or boats shall be stored or kept
outside of any residence constructed on the lots subject to these restrictions
without prior written approval of the Association.
No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done on any lot which is or may
become an annoyance or nuisance to the neighborhood.
Section 18 - Duration of Restrictions
The restrictions herein set forth shall
continue to be binding upon the Association and upon its successors and assigns
until December 31, 2025, and shall automatically be continued thereafter for
successive periods of five (5) years each, provided, however, that the owners
of the fee simple title to more than sixty percent (60%) of the lots bound by
these restrictions may release all or any part of the restrictions herein set
forth, on December 31, 2025, or at the end of any successive five-year period
thereafter, by executing and acknowledging an appropriate agreement or
agreements in writing for each purpose and filing same for record in the office
of the Recorder of Deeds of Clay County, Missouri, prior to December 31, 2025.
Section 19 - Right to Enforce
The restrictions herein set forth shall
run with the land and bind the present owner and its successors and assigns,
and all parties claiming by, through or under it shall be taken to hold, agree
and covenant with the owner of the lots hereby restricted, and with its
successors and assigns, to conform to and observe said restrictions as to the
use of said lots and the construction of improvements thereon, but no
restriction herein set forth shall be personally binding on any corporations,
person or persons, except in respect to breaches committed during its, his or
their seisin of, or title to said land; and the Association and the
owner or owners from time to time of any of the lots hereby restricted, shall
have the right to sue for and obtain an injunction, prohibitive or mandatory,
to prevent the breach of or enforce the observance of the restrictions above
set forth, in addition to ordinary legal actions for damages; and the failure
of the Association or any owner or owners from time to time of any lot or lots
in this subdivision, to enforce any of the restrictions herein set forth at the
time of its violation shall in no event be deemed to be a waiver of the right
to do so thereafter.
Section 20 - Effect or Invalidity of a
Portion of this Declaration
Invalidation of any one or more of the
foregoing restrictions or covenants by judgment or court order shall in no
manner affect any of the other provisions herein, and all such other provisions
shall remain in full force and effect.
Section 21 – Rental Property Registration
Any property for which the owner is
renting the property to tenants shall register the property as a rental with
the Executive Board within thirty (30) days of the start of any lease
agreement. The registration shall
include the address of the property and the contact address and phone number of
the property owner. Once a property is
registered and is no longer being used as a rental property the Executive Board
shall be notified within thirty (30) days of the termination of any lease
agreement. This registration is to allow
the Executive Board to maintain an accurate contact list for all property
owners. Failure to register a rental
property with the Executive Board shall result in the loss of member privileges
until the property is properly registered.
Section 22 - Homes Association
Declaration
To
insure the continuous availability of certain services and convenience for New
Mark property owners, and to provide the means for the creation and maintenance
of a residential neighborhood possessing features of more than ordinary value,
all lots in the New Mark development subject to these restrictions are also
subject to a Homes Association Declaration
which is duly filed of record.
Additional Restrictions of New Mark First
Pool Association
1.1 Association. "Association" shall mean the
New Mark First Pool Association, a Missouri Not for Profit
corporation, its successors and assigns.
1.2 Not used.
1.3 Plan. "Plan" shall mean
the Community Unit Project Plan approved by the City Council of Kansas City,
Missouri, by Ordinance No. 35548, which Ordinance was passed the 6th day of September
1968.
1.4 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.
1.5 Improved Lot. "Improved Lot" shall mean any
Lot, or part or parts thereof, on which a residence not in violation of the
restrictions then of record thereon is erected or in the process of erection.
All other Lots covered by this Declaration shall be deemed to be
"vacant" and "unimproved."
1.6 Owners. "Owners" shall mean
those persons, firms or corporations other than the Association, who or which
may from time to time hold record title to a Lot or Lots subject to the terms
of this Declaration, provided, however, that where, pursuant to a financing
arrangement, record title to a Lot is in a mortgagee, the term
"Owners" shall mean the mortgagor, and where, pursuant to a financing
arrangement, record title to property is in a trustee, the term
"Owners" shall mean the settlor or grantor who executed the deed of
trust.
1.7 Public Places. "Public Places"
shall mean all parking areas located in public street rights-of-way, all parks
situated at street intersections and elsewhere, all cu-de-sac and other roadway
islands; and all similar places the use of which is dedicated to or set aside
for the use of the general public.
1.8 Association Property. "Association
Property" shall mean all real property owned by the Association. By the
execution hereof, the Association Covenants and agrees that it shall hold,
maintain and improve said property for the common use and benefit of the
members of the Association and occupiers of land owned by members of the
Association.
1.9 A Living Unit. "Living Unit" Means a
single-family residence which is designed for occupancy by a single family.
1.10 Members. "Members" shall mean Members of
the Association. Members of the Association shall include the Owners of
single-family residential Lots subject to the terms of this Declaration.
In order that the Association shall have
funds with which to carry out the powers and duties provided for by this
Declaration the Association shall have the power to levy Assessments against
the Lots owned by each Member of the Association, which Assessment shall be
levied on the basis of the number of Lots owned by such Member. In the event that an Assessment is not paid by a Member, the
Association shall have a lien on the Lot of the non-paying Member.
Article II: Membership and Voting Rights
2.1 Members. Every owner of a Lot which is subject to
Assessment shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is
subject to Assessment.
2.11
Limitation of Membership. Membership
in the Association shall be limited to the Owners of Lots in the New Mark First
Pool Association.
2.2 Voting Rights of Members. Owners shall be entitled to
cast one vote for each Lot, which they own subject to the terms of this
Declaration, but in no event shall more than one vote be cast for each Lot.
2.3 Easement of Enjoyment. Every owner shall have a
right and easement of enjoyment in and to the common area which shall be
appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(A) The right of the Association to
charge reasonable admission and other fees for the use of any recreational
facility situated upon the common area;
(B) The right of the Association to
suspend the voting rights and right to use of the recreational facilities by an
owner for any period during which any Assessment against his Lot remains
unpaid; and for a period not to exceed 60 days for any infraction of its
published rules and regulations;
(C) The right of the Association to
dedicate or transfer all or any part of the common area to any public agency,
authority, or utility for such purposes and subject to such conditions as may
be agreed to by the Members. No such dedication or transfer shall be effective
unless an instrument signed by two-thirds (2/3) majority of the total number of
Members in good standing, as defined in Article II and the by-laws, voting in person,
by proxy, or by absentee at either the annual or a special meeting of the
Members of the Association. Special meetings shall be called pursuant to the
provisions of the Article X hereof.
Article III: Additional Lands, How They
May Be Added
3.1 Addition of Land by Vote of Members. Additional lands may be added
to the Association from time to time and the Association may also unite or
combine with other homes Associations, provided that the addition of such lands
or the uniting or combining with other homes Associations, as the case may be,
is first approved by a two-thirds (2/3) majority of the total number of Members
in good standing, as defined in Article II and the by-laws, voting in person,
by proxy, or by absentee ballot at either the annual or a special meeting of
the Members of the Association. Special meetings shall be called pursuant to
the provisions of the Article X hereof.
Article IV: Management
of The Association
4.1 Management. The Association shall be managed by a
Board of Directors elected in accordance with the Article of Incorporation and
by-laws of the Association.
The day-to-day operations and affairs of the Association shall be carried out
by the Executive Body elected in accordance with the by-laws of the
Association.
Article V: Powers, Rights, and Duties of
the Association
5.1 Discretionary Powers and Duties. The Association shall have
the following powers and rights which can be exercised and assumed at its
discretion:
5.11 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. However, nothing
contained herein shall be deemed to prevent the owner of any such property from
enforcing any building restrictions in his own name; the right of enforcement
shall not serve to prevent such changes, releases, or modifications of the
restrictions or reservations placed upon such property by any party having the
right to make such changes, releases or modifications in the deeds, contracts,
or plats in which such restrictions and reservations are set forth; and the
right of enforcement shall not have the effect of preventing the assignment of
those rights by the proper parties wherever and whenever such right of
assignments exists. The expense and costs of any enforcement proceedings initiated
by the Association shall be paid out of the general fund of the Association as
hereafter provided for. These costs shall be charged to the owner involved and
constitute a lien on the Lot or Lots involved.
5.12 Exercise Easements. The Association can exercise
the rights and control over such easements as it may acquire from time to time.
5.13 Rules and regulations with respect
to the use of facilities on 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.
5.14 Suspend voting rights and rights of
Members to use facilities. The
Association can suspend the voting rights of Members and their rights to use
facilities located on Association Property for any period during which
Assessments levied and due from such member and against his Lot remain unpaid
and suspend for a maximum of 30 days such member's rights to use recreational
facilities located on Association Property for an infraction of published rules
and regulations of the Association.
5.15 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.
5.16 Make Contracts and Employ Agents. The Association can employ
from time to time such agents, servants, and laborers as the Association may
deem necessary to exercise the powers, rights and privileges granted to it and
make contracts.
5.2 Mandatory Powers and Duties. The Association shall
exercise the following powers, rights and duties:
5.21
Maintenance of Public Places. The
Association shall mow, resow grass, care for and maintain Public
Places including but not limited to all cul-de-sac and other roadway islands.
The Association shall remove weeds and grass from Public Places; pick up and
remove therefrom loose material, rubbish, filth and accumulations of debris,
and do any other thing necessary or desirable in the judgment of the
Association to keep such Public Places in neat appearance and in good order.
5.22
Maintenance of Association Property. The
Association shall 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 such
property all 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 such property in neat appearance and in good order.
5.23
Maintenance of Vacant Lots and Unattended Homes. It shall be the responsibility
of the respective Owners to mow, care for, and carry away from all vacant,
unimproved lots and unattended homes all weeds and unsightly grasses or other
growth, rubbish, filth and accumulations of debris, and other things tending to
create unsightliness or untidiness should it become necessary for the
Association to pay for any of the above care or maintenance for an owner such
cost or expense be charged to owner involved and shall constitute a lien on the
Lot or Lots involved.
5.3 Special Rights and Powers. The Association shall have
the power and right to build or construct new facilities on land to which the
Association holds title facilities for the benefit of the Owners and occupiers
of the land subject to the terms of this Declaration; Provided, that the
building or construction of such facilities if first approved by a two-thirds
(2/3) majority of the total number of Members in good standing, as defined in
Article II and the Bylaws, voting in person or by proxy at either the annual or
a special meeting of the Members of the Association. Special meetings shall be
called pursuant to the provisions of the Article X hereof.
Article VI: Assessments
6.1 Imposition of Regular Assessments. For the purpose of providing
a general fund to enable the Association to perform and exercise the rights,
powers and duties set out in Article V hereof, all Lots subject to this
Declaration shall be subject to an annual Assessment based upon the anticipated
total annual cost of the Association in carrying out the powers and duties
provided for in Article V above divided by the number of Lots subject to this
Declaration. Assessments on all Lots shall commence on the first day of the
month following conveyance of the common area to the New Mark First Pool
Association. The amount of the Annual Assessment shall be an amount of money
sufficient to enable the Association to carry out the powers and duties
provided for in Article V. The amount
of the annual Assessment against each Lot owned by a member of the Association
shall be three hundred fifty dollars ($350.00).
The amount of the Annual Assessment may
be increased for each lot provided that such increase is first approved by a
fifty-one percent (51%) majority of the total number of Members in good
standing, as defined in Article II, Article VII and the by-laws; voting in
person, by proxy, or by absentee ballot at either the annual or a special
meeting of the Members of the Association. Special meetings shall be called
pursuant to the provisions of the Article X hereof.
6.2 Notice. Notice of the amount of
Assessments against the Lot held by a particular owner shall be deemed
sufficient if a written or printed notice of the amount of said Assessment is
deposited in the United States Post Office, with postage prepaid, and addressed
to the respective Lot Owners at their last known address.
6.3 When Assessments Levied and Due. The annual Assessments shall
be fixed and levied for each fiscal year. Assessments for each fiscal year
shall be fixed and levied at least forty-five (45) days prior to January 1 of
the fiscal year to which they apply. Assessments shall be due and payable on
the first day of January for the fiscal year to which they are applicable and
shall be delinquent thirty (30) days thereafter. On or before December 1 of
each year, The Association shall notify each member owning a Lot subject to
Assessment at such member's last known address, this notice shall state the
number of Lots with respect to which an Assessment has been levied, the amount
of Assessment per Lot, the total amount of the Assessment owed by each member,
and the fact that the Assessment is due on January 1 of the approaching
calendar year.
It is provided, however, that the failure
of the Association to make an Assessment prior to December 1 of any year for
the approaching fiscal year shall not invalidate any such Assessment subsequently
made for that fiscal year; nor shall the failure to make an Assessment for any
one year affect the right of the Association to do so for any subsequent year.
In the event that an Assessment is made later than thirty-one (31) days prior
to the beginning of the fiscal year to which it applied, then the Assessment
shall be due and payable not later than thirty (30) days from the date that the
notice of the Assessment is mailed to the member. Said Assessment shall be
delinquent thirty (30) days after such Assessment is due and payable.
6.4 Lien on Real Estate. All assessments shall be the
personal obligations of the Association Member, and the assessment shall become
delinquent and constitute a lien on the lot for which the assessment is owed
thirty (30) days after the date on which the assessment is due and payable as
set forth in Section 6.3. In the event that any property owner fails to pay the
assessment on or before the date it becomes delinquent, then such assessment
shall bear a late fee of $15.00 per month, assessed the 1st day of
each month past the date when such assessment first become delinquent.
Assessments not paid within thirty (30)
days from the date the Assessment is due and payable shall be delinquent and
payment of both principal and interest may be enforced as a lien on the owner's
Lot in proceedings in any court in Clay County, Missouri, having jurisdiction
of suits for the enforcement of such liens. Lien amounts shall include
attorney's fees, court costs, and any other related costs incurred. If the
property subject to the lien is sold before the Assessment is paid, the buyer
shall be liable for the Assessment. Any unsatisfied liens shall "Run With The Land." It shall be the duty of the
Association to bring suit to enforce such liens as soon as they become
delinquent. No
sale or transfer shall relieve such Lot from liability for any Assessments
thereafter becoming due or from the lien thereof.
6.5 Termination of Liens. Assessment liens shall terminate
upon filing of a lien release or ten (10) years from the date of the initial
filing. Assessment liens shall be
continuing in nature and shall include any additional assessments that my come
due after that initial filing.
6.6 Limitation on the amount of
expenditures. The Association
shall at no time spend or contract to spend within any one year an amount which
exceeds the total amount of Assessment for that particular year and any surplus
which the Association may still hold from previous Assessments.
6.7 Special Assessment to pay the cost of
construction of facilities or improvements to Association Property. The Association shall have
the power to levy Assessment against the Lots subject to this Declaration for
the purpose of constructing improvements or facilities on Association Property;
provided that the construction of such facility or improvement must be first
approved by fifty-one percent (51%) majority of the total number of Members in
good standing, as defined in Article II, Article VII, and the by-laws; voting
in person or by proxy at either the annual or a special meeting of the Members
of the Association. Special meetings shall be called pursuant to the provisions
of the Article X hereof.
Special Assessments levied by the
Association under this section shall become due and payable thirty (30) days
after written notice to each member at such member's last known address stating
the amount of the Assessment against each Lot, the total number of Lots for
which the member is being assessed, the total amount of the Assessment due from
such member, and that the Assessment is due and payable thirty (30) days after
the date of the notice.
Special Assessments levied under this
section shall be the personal obligation of the Association Member, and the Assessment
shall become delinquent and shall be a lien on the Lot of each member against
whom the Assessment has been levied thirty (30) days after the date upon which
the Assessment is due and payable. In the event an owner fails to pay a special
Assessment before the date on which the Assessment becomes delinquent, then the
Assessment shall bear a late fee of $15.00 per month, assessed the 1st day
of each month past the date when such special assessment first became
delinquent.
After a special Assessment is delinquent,
payment of both the special assessment and late fees may be enforced as a lien
on the Lot of such member in any court in Clay County, Missouri, having
jurisdiction for the enforcement of such liens. Lien amounts shall include
attorney's fees, court costs, and any other related costs incurred. If the
property subject to the lien is sold before the Assessment is paid, the buyer
shall be liable for the Assessment. Any unsatisfied liens shall "Run with the
Land."
Article VII: Additional Powers Given to
the Association
7.1 Additional Powers. The Association may be given such
additional powers as may be desired by the Members and any portion of this
instrument may be amended by the affirmative vote of fifty-one percent (51%)
majority of the total number of Members in good standing or of proxies for
Members in good standing entitled to cast a fifty-one percent (51%) majority of all the votes of the Members in good
standing shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting, as defined in
Article II and the by-laws; voting in person, by proxy, or by absentee ballot at
either the annual or a special meeting of the Members of the Association.
Special meetings shall be called pursuant to the provisions of the Article X
hereof. Such amendment shall be
evidenced by a written instrument executed, acknowledged, and recorded in the
Office of the Recorder of Deeds of Clay County, Missouri.
Article VIII: To Observe All Laws
8.1 Observing Laws. The
Association shall always observe all State, County, and other laws. If at any
time any of the provisions of this agreement shall be found in conflict with
the laws of the State, County, or any other duly constituted authority, then
such provisions shall become null and void. However, other provisions of this
agreement, not in conflict with the laws of any duly constituted authority,
shall not be affected.
Article IX: Covenants Running with the
Land
9.1 Run with the Land. All
the provisions of this Declaration shall be deemed to be Covenants running with
the land and shall be binding upon the parties hereto and upon their heirs,
successors, and assigns.
Article X: Special Meetings
10.1 Special Meetings. Special
meetings of the Members of the Association may be called by the president of
the Executive Board of the Association, by a fifty-one percent (51%) majority vote of the
Executive Body, by a fifty-one percent (51%) majority vote of the Board of
Directors, or by that proportion of the Members in
good standing, as defined in Article II and the Bylaws, entitled to cast
one-twentieth (1/20) of the votes which can be voted at such meeting. If a
special meeting is to be held, written or printed notice stating the place, day
and hour of the meeting and the purpose or purposes for which the meeting is
called shall be delivered to each member of the Association, either by US mail
to such Members address of record or by e-mail to each Member's e-mail address
of record not less than fifteen (15) nor more than forty five (45) days before
the date of the meeting.
Article XI: Termination
11.1 Termination. This Declaration may be terminated, and
all of the land now or hereafter affected may be released from all of the terms
and provisions of this Declaration by an affirmative vote of Members
constituting two-thirds (2/3) majority of the total number of Members in good
standing, as defined in Article II and the by-laws; voting in person, by proxy,
or by absentee ballot at either the annual or a special meeting of the Members
of the Association. Special meetings shall be called pursuant to the provisions
of the Article X hereof. This
Declaration shall be terminated if the two-thirds (2/3) majority of the total
number of Members in good standing, as defined in Article II and the by-laws, execute
and acknowledge an appropriate agreement or agreements for that
purpose and file the same in the Office of the Recorder of Deeds of Clay
County, Missouri.
the official Association Covenant & Amendments can be downloaded via the links below.
The pdf files below are the proposed new Covenants and Restrictions for the Association which were approved by vote on November 8th, 2020. The first file contains the changes highlighted with comments. The second file is the same as the first but the final version with no comments or highlights. The official copy is pending filing with the Recorder's Office for Clay County, MO and will be posted once complete.
| 2020_covenants_and_restrictions_-_new_mark_first_pool_associations_november_2020_with_comments.pdf |
| 2020_covenants_and_restrictions_-_new_mark_first_pool_associations_november_2020_final.pdf |