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Declaration of Covenants and Restrictions
Brittany Oaks Sub-Division All Plats of The Brittany Oaks Homeowners Association
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THIS DECLARATION is made as of this 1
, by Bell Development, Inc.
(hereafter “Developer”).
WHEREAS, Developer is the owner of 20.28 acres, more or
less, consisting of 2
lots,
shown on the 3
Plat
of Brittany Oaks, a subdivision in Kansas City, Platte County,
Missouri, as Document No.
4
, and recorded in Book 5
of Plats, at Page 6
, and has dedicated to the public all of the
streets, roads, avenues and terraces, respectively as are
shown thereon; and
WHEREAS, Developer intends to develop said subdivision
for residential purposes and now desires to place certain
restrictions on the lots owned by it and shown on said plat,
all of which restrictions shall be for the use and benefit of
the present owner and its future grantees. Membership
in Association. The
Owners of all of the Lots, together with the Owners of any
other land that may from time to time be made subject to all
of the terms and provisions of this Declaration in the manner
hereinafter provided for, shall be the members of an
association which shall be created and established pursuant
hereto, to be known as THE BRITTANY OAKS HOMES ASSOCIATION
(hereafter “the Association”).
The Association shall be incorporated under the laws of
the State of Missouri as a not-for-profit corporation. Persons
Bound by these Restrictions. All
persons and corporations who now own or shall hereafter
acquire any interest in the lots hereby restricted shall be
taken to hold and agree and covenant with the owners of said
lots, and with their successors and assigns, to conform to and
observe the following covenants, restrictions, and
stipulations as to the use thereof for a period of time ending
December 31, 2017, except as provided in Section 20 of these
restrictions, provided however, that each of said restrictions
shall be renewed in the manner hereafter set forth. Section
1. Other Lands-
How They May Be Added. Developer
may, from time to time, unilaterally add to the Association
(without the necessity of the consent of any owner or other
person or entity) such land as is now or hereafter owned or
approved for addition by Developer in its sole discretion;
provided, however, that the land to be added to the
Association shall at that time be bound by all of the terms of
this Declaration and any future modifications thereof. Section
2. Use of Land-
Type of Residence. None
of the lots hereby restricted may be improved, used or
occupied for other than residence purposes, and no flat nor
apartment house, although intended for residence purposes, may
be erected thereon. Any
residence erected or maintained on any of the lots hereby
restricted shall be designed for occupancy by a single family
only. No building
shall be erected, placed, altered or externally improved on
any building site hereby restricted until the building plans,
specifications, materials, and location thereof have been
approved in writing by the Developer as to conformity and
harmony of external design and general quality with the
existing standards with the subdivision as to location of the
building with respect to topography and finished ground
elevations. Section
3. Waiver of
Building Line. Developer
reserves the right to waive building lines established on the
final plat by filing a waiver.
Said waiver must comply with the City of Kansas City
subdivision and zoning ordinances. Section
4. Permitted
Height of Residences. Any
residence erected on said restricted lots as described above
shall not be more than two and one-half stories (2 ½) in
height. Section
5. Required Size
of Residences. Any
residence erected on said lots shall contain a minimum of
1,200 square feet of enclosed floor area, except that any
two-story residence shall contain a minimum of 1,300 square
feet of enclosed floor area, including a minimum of 650 square
feet on each floor, and any split-level or story and a half
residence shall contain a minimum of 1,300 square feet.
The words “enclosed floor area” as used herein
shall mean and include in all cases areas on the first and
second floors of the residences enclosed and finished for all
year occupancy, computed on outside measurements of the
residence, and shall not mean or include any areas in
basements, garages, porches, or attics.
Developer hereby reserves the right to reduce the floor
area requirements set forth above, provided the total
reduction for any one residence may not exceed 10 percent of
such minimum floor area requirement for such residence. Section
6. Outbuildings
Prohibited. No
outbuilding or other detached structure of any nature or
design may be erected, nor any trailers, trucks, mobile homes,
boats, motor homes, buses, equipment or machinery shall ever
be parked, located or otherwise maintained on any building
site, parking area or street on lots hereby restricted. Section
7. Oil Tanks
Prohibited. No
tanks for the storage of fuel may be maintained on any of the
lots hereby restricted, above the surface of the ground. Section
8. Nuisances. No
noxious or offensive activity shall be carried on or upon any
lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood, including
mechanical work on automotive or other equipment of any kind
or overnight parking. Section
9. Outside
Structures. No
structure of a temporary or permanent character, trailer, bus,
basement, tent, shack, garage, barn or other outbuildings
shall be used on any lot at any time as a residence, or
otherwise, either temporary or permanently, except during
construction. No
swimming pools of any kind may be constructed or installed
without approval in writing from Developer. Section
10. Fences. Any
fence, hedge, or boundary wall erected, kept, or maintained
around any of said lots or any part or parts thereof, shall be
in keeping with the design and architecture of the residence
upon such lot and or ornamental nature and if of wooden
material, no paint or stain shall be required on fences
constructed of redwood or cedar which are left in their
natural state. No
such fence, hedge, or boundary wall shall be more than six (6)
feet in height, and no fence of any kind or description shall
be erected in front of any dwelling.
Chicken wire or farm woven fences are prohibited. Section
11. Animals
Prohibited. No
poultry, cows, swine, rabbits, sheep, goats or similar
domestic animals for any purpose, and not more than two pets
per living unit, shall be kept or maintained at any time on
any of said lots, or parts thereof.
Each of said lots, and each and every part or parts
thereof, and the buildings thereon, and all appurtenances
thereto shall be kept clean, neat and in proper sanitary
condition. No
such pets will be kept, bred or maintained for commercial
purposes. Section
12. Billboards
Prohibited. No
signs, advertisements, billboards, or advertising structure of
any kind may be erected or maintained on any of the lots
hereby restricted, provided, however, that permission
is hereby granted for the erection and maintenance of
not more than one advertising board on each lot or tract as
sold and conveyed, which advertising board shall not be more
than five (5) square feet in size and may be used for the sole
purpose of advertising for sale or lease the lot or tract upon
which it is erected. Section
13. Power Lines
and Telephone Wires and Cables. No
overhead power lines or overhead telephone wires or cables may
be erected or maintained upon any of the lots hereby
restricted. No
clothesline or clothes hanger may be constructed or used
unless completely concealed within enclosed patio area. Section
14. Driveways. All
driveways must be improved with hard surface consisting of a
minimum of 4” reinforced concrete or other materials
approved in writing by Developer.
Gravel driveways or driveways consisting of crushed
rock base with prime and seal coat will not be permitted. Section
15. Powers and
Duties of the Association. The
Association shall have the following powers and duties which
it may exercise and perform at its discretion. (a)
To mow, care for, maintain, and do any other things
necessary or desirable in the judgment of the officers of the
Association to keep any vacant and unimproved property, right
of way, subdivision entrance, and the parking in front of any
property neat in appearance and in good order. (b)
To observe and follow the Covenant for Construction and
Maintenance of Storm Water Detention Facility by and between
the Association, Hope Fellowship Baptist Church and Medco
Development Company of Kansas City, recorded in the office of
the recorder of deeds for Platte County, Missouri, as Document
No. 15407 in Book
799 at Page 353, and plans for grading and developing
detention areas as designed by John F. Lutjen and Associates
and filed with Kansas City, Missouri Public Works Dept., City
Engineer File Number 1993-80. (c)
To observe and follow the Covenant for Construction and
Maintenance of Storm Water Detention Facility by and between
the Association and Medco Development Company of Kansas City,
recorded in the office of the recorder of deeds for Platte
County, Missouri, as Document No. 15408 in Book 799 at Page
354. (d)
To levy and collect the assessments which are provided
for in this Declaration including those collected to permit
the Association to perform the duties and obligations set
forth in Section 15 (a), (b) and (c) above. Section
16. Method of
Providing General Funds. The
Association may, from year to year, fix and determine the
total amount required in a general fund and may levy and
collect an annual assessment at the beginning of each fiscal
year for the upcoming year.
Each fiscal year shall begin on September 1 and end on
August 31. The
annual assessment for the first fiscal year shall not exceed
Sixty Dollars ($60.00) for each assessable lot.
A lot will not be assessable before and until the
construction of a residence meeting the restrictions contained
herein is complete and the residence is owner occupied. An
annual assessment will be due at closing of the purchase of a
residence, based on a pro-rated amount for the portion of the
fiscal year from date of closing through the end of that
fiscal year. It
shall be the duty of the Association to notify all owners
whose addresses are then listed with the Association giving
the amount of the assessment on each Lot owned by them and the
date when such assessment is due.
Failure of the Association to levy an assessment for
any one year shall in no way affect the right of the
Association to do so for any subsequent year. In
addition to the annual assessment authorized above, the
Association may levy in any year a special assessment
applicable to that year only, for the purpose of defraying in
whole or in part any prior year’s budget deficit,
exceptional item of expense, or the cost of any construction,
reconstruction, repairs or replacement of capital
improvements, including any fixtures or personal property
related thereto, to be completed by the Association pursuant
to the terms hereof. Any
special assessments shall be due and payable at the time and
in the manner determined by the Association. The
assessments shall become a lien on the real estate against
which they are levied as soon as they are due and payable as
set forth above, provided however, that such lien shall be
inferior and subordinate to the lien of any valid first
mortgage which now exists or which may hereafter be placed on
said real estate, including any valid first mortgage which
secures payment of a load insured or guaranteed by any agency
of the United States Government.
In the event of failure of any member to pay an
assessment within thirty (30) days from the date due, such
assessment shall bear interest at the rate of ten percent
(10%) per annum from the due date until payment in full is
received by the Association. If
any assessment remains unpaid at the end of thirty (30) days
from the date due, it shall become delinquent.
Payment of the delinquent assessment plus any interest
and costs of collection including related fees and expenses,
may be enforced as a lien on said real estate.
Provided, however, that such lien shall be inferior and
subordinate to any valid first mortgage now existing or
hereafter placed on said real estate, including any valid
first mortgage which secures payment of a loan insured or
guaranteed by any agency of the United States Government. Section
17. Association
to Notify Members of Address. The
Association shall notify all owners whose addresses are listed
with the Association, of the official address of the
Association and the place where payments shall be made and any
other business in connection with the Association may be
transacted. The
Association shall notify the owners of any change of
Association address. Section
18. Performance
of Association’s Duties by Developer. Prior
to the actual organization or incorporation of the Association
contemplated by this Declaration, the Developer shall perform
the duties and assume the obligations of the Association. Section
19. To Observe
All Laws. The Association shall at all times observe all state, county, city and other laws. If at any time any of the provisions of this Declaration are found to be in conflict with any applicable laws, null and void, but no other part of this Declaration shall be affected. The Association shall have the right to make such agents as will enable it to adequately and properly carry out the provisions of this Declaration; subject, however, to the limitations of its right to contract as are herein provided for. Section
20. Duration of
Restrictions and Right to Enforce. The
restrictions herein set forth shall run with the land and bind
the present owner, its successors or assigns, and all persons
claiming by, through or under it shall be taken to agree and
covenant with said owner, its successors and assigns, with
each of them to conform to and observe said restrictions as to
the use of said lots and the construction of improvements
thereon until December 31, 2017, and shall automatically
continue thereafter for successive periods of 25 years each;
provided, however, that the owners of the fee simple title to
the majority of front feet of the lots herein restricted may
release all of the land hereby restricted from any one or more
of said restrictions at the end of this first twenty-five year
period, or at the end of any successive 25 year period
thereafter, by executing and acknowledging an appropriate
agreement in writing for such purposes, and filing the same
for record at least one year prior to the expiration of this
first twenty-five year period or any of the subsequent 25 year
periods and provided further that said restrictions and each
of them may be changed, modified or removed at any time by
agreement in writing duly executed and acknowledged by the
owners of not less than 75 percent of the lots hereby
restricted, including lots owned by Developed, and filing the
same for record in said Office of the Recorder of Deeds of
Platte County, Missouri, but no restrictions herein set forth
shall be personally binding on any corporation, person or
persons, except in respect of breaches committed during its,
his or their seizing of title to said land, and the owner or
owners of any of the above land shall have the right to sue
for and obtain an injunction, prohibitive or mandatory, to
prevent the breach of or to enforce the observance of the
restrictions set forth above in addition to ordinary legal
action for damages; and
the failure of the present owner or owners of any other lots
in this addition to endorse 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; Notwithstanding
anything to the contrary, this declaration may not be
terminated or amended in any manner which would permit or
require the Association to refrain from making assessments
against members for the performance of the Association’s
obligations under the Covenants referenced in Section 15 (b)
and (c) above. Invalidation
of any one of these covenants by judgment, or court order
shall in no way affect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF, BELL DEVELOPMENT, INC., has caused
this Declaration to be executed this 7
. BELL
DEVELOPMENT, INC., a Kansas Corporation BY:
Donald Bell
President
* Footnotes: 1-
Phase 1
July 14, 1993
4-
Phase 1
15405 Phase
2
December 24, 1994
Phase 2
17584 Phase
3
October 8, 1996
Phase 3
9971 2-
Phase 1
66 lots
5-
Phase 1
18 Phase
2
53 lots
Phase 2
18 Phase
3
42 lots
Phase 3
19 3-
Phase 1
6-
Phase 1
189 Phase
2
Phase 2
253 Phase
3
Phase 3
10 7-
Phase
1 July 14, 1993 Phase
2 December 24, 1994
Phase 3 October 8, 1996 *
The Brittany Oaks Homeowners Association was taken over
from Mr. Don Bell on April 25, 2000 during the first Annual
Meeting of the Homeowners Association.
For a listing of all Board of Director members and
Officers, please go to the Board Officer Page of this Web
Site. |
