AMENDMENT TO DECLARATION OF

RESTRICTIONS. COVENANTS AND CONDITIONS’ OF

QUAIL CREEK

 

THIS AMENDMENT’, to the Declaration of Restrictions, Covenants and Conditions for Quail Creek is adopted this 30th day of March, 1994 by Quail Creek, Inc., the Developer and is effective December 31, 1992.

 

WITNESSETH:

 

WHEREAS, the Developer adopted the Declaration of Restrictions, Covenants and conditions of Quail Creek on May 12, 1989, and they were recorded in Book 2057 at Page 1914 in the Office of the Recorder of Deeds for Greene County, Missouri, and

 

WHEREAS, Article X, Section 3 thereof permits the Developer to amend the Declaration of Restrictions, Covenants and Conditions for a period of seven (7) years from the date of recordation thereof.

 

WHEREAS, the Developer amended Section 1, 2 and 3 of Article vi, entitled “Covenant for Assessment” and added Article VIII  Section 9 (d) on August 12, 1991, and they were recorded in Book 2154 at Page 0343 in the Office of the Recorder of Deeds for Greene County, Missouri, and.

 

WHEREAS, the Developer wishes to amend Article I “Definitions” Section 1 (e) “Property or Properties”. 

 

NOW THEREFORE, the Developer does hereby amend Article I, “Definitions” as follows: 

 

Section 1 (e) is deleted and the following shall be substituted therefore: 

 

“(e) “Property” or “Properties” shall mean and refer to the 68 acres set forth above, and referred to as QUAIL CREEK, and the following 40 acres:

 

ALL OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST

QUARTER (SW1/4) OF SECTION FOURTEEN (14), TOWNSHIP

TWENTY-EIGHT (28), RANGE TWENTY-TWO (22), GREENE COUNTY,

MISSOURI, EXCEPT THAT PART TAKEN OR USED FOR ROADS.

 

and any additional real estate acquired ‘by Developer and developed in conjunction with Quail Creek, upon filing an amendment with the Greene County Recorder of Deeds which states the legal description of the additional real estate to be included in the Property.”

 

IN WITNESS WHEREOF, the undersigned, Quail Creek, Inc., the Developer, has caused this Amendment to Declaration of Restrictions, Covenants and Conditions of Quail Creek, to be executed this 30th day of March, 1994, effective December 31, 1992.

 

 

 

QUAIL CREEK, INC.

 

                                                   BY:  Ronald K. Stenger, President

ATTEST:

Leah E. Stenger, Secretary

 

 

STATE OF MISSOURI            )

                                               ) SS

COUNTY OF GREENE           )

 

On this 30th day of March, 1994, before me personally appeared Ronald K. Stenger, to me personally known, who being by me duly sworn did say that he is the President of Quail Creek, Inc., Springfield, Missouri, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation, and that said corporation has no corporate seal.

 

IN TESTIMONY WHEREOF, I have hereunto set my hand an affixed my official seal, at my office in Springfield, Missouri, the day and year first above written.

 

CONNIE A. COVEY,  Notary Public

Greene County,     State at Missouri

My Commission  Expires OCT 8. 1997

 


AMENDMENT TO DECLARATION OF

RESTRICTIONS. COVENANTS AND CONDITIONS OF

QUAIL CREEK

 

THIS AMENDMENT, to the Declaration of Restrictions, Covenants and Conditions for Quail Creek is adopted this 12th day of August, 1991 by Quail Creek, Inc., the Developer.

 

WITNESSETH:

 

WHEREAS, the Developer adopted the Declaration of Restrictions, Covenants and conditions of Quail Creek on May 12, 1989, and they were recorded in Book 2057, at Page 1914 in the Office of the Recorder of Deeds for Greene County, Missouri, and

WHEREAS, Article X, Section 3 thereof permits the Developer to amend the Declaration of Restrictions, Covenants and Conditions for a period of seven (7) years from the date of recordation thereof.

WHEREAS, the Developer wishes to amend portions of Article VI, entitled “Covenant for Assessment” and to add a restriction on Lawn ornaments.

WHEREAS, the amendments to Article VI were approved by the Members at a duly constituted special meeting of the Members of the Association on May 20, 1991, and

NOW THEREFORE, the Developer does hereby amend Article VI, Covenant for Assessments” as follows:

Section 1:  Creation of the Lien and Personal Obligations of Assessments; Section 2:  Purpose of Assessments and Section 3: Annual Assessments are deleted and the following shall be substituted therefore:

 

ARTICLE VI

Covenant for Assessment

 

“Section  1: Creation  of  the Lien  and  Personal Obligations of Assessments. The Developer, for each Lot owned within QUAIL CREEK hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges, and (2) Special assessments for capital improvements, and (3) Initial Assessment for the swimming pool, tennis courts and other amenities; such assessments to be established and collected as hereinafter provided. The annual, special and initial assessments, together with interest, costs and reasonably attorneys’ fees, shall, to the full extent permitted by law, be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such property on the effective date of the assessment. The personal obligation for delinquent assessments shall not pass to his successors in title, but, nevertheless, the lien arising by reason of such assessment shall continue to be a charge and lien upon the land as provided. The Developer shall not be considered a member for purposes of assessment, and shall pay no assessments.

 

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of promoting the general benefit, recreation, health, safety and welfare of the residents of QUAIL CREEK. Such purposes shall include, but shall not be limited to, and the Association’s rights and powers shall include (in addition to the rights and powers set forth in this Declaration and in the Association’s Articles of Incorporation and By—Laws) provision for the improvement, construction, repair, maintenance, care, upkeep and management of the Common Areas and the improvements and facilities thereon; and further, shall include the payment of any taxes and assessments, if any, which may be assessed and levied upon any property owned by the Association, together with all other costs and expenses related to the management and maintenance of the Common Areas; and further, the reimbursement of the Developer for the operating deficit of the Association and the Developer’s cost of the improvements and facilities of the Common Area amenities of the Association. Nothing contained herein shall limit the Association’s rights and powers granted in this Article or granted elsewhere in this Declaration and the Articles of Incorporation and By-Laws of the Association.

 

Section 3.              Annual Assessment.

 

(a)        The annual assessment shall consist of annual dues and the annual fee for trash service. The annual assessment shall be payable within 10 days of notice of the amount of the annual assessment. The annual dues for 1991 for all Members prior to 5/21/91 shall be $150. The annual dues for 1991 for all Members after 5/20/91 shall be $250. The annual trash service fee for 1991 shall be $90.

 

(b)        The annual assessment for 1992 through 1996 shall be $250 annual dues, plus the actual charge for the annual trash service, which presently is $90 per year, but will increase because of the new solid waste and recycling ordinance passed by the City of Springfield in 1991.

 

(c)          After 1996, the annual assessment may be increased each year, without a vote of the Members, by an amount which is not more than ten (10%) percent above the prior year’s annual assessment except that in the event that the annual assessment is not sufficient to pay for the maintenance, taxes and insurance on the common area, the annual assessment will be increased by an amount sufficient to pay for the maintenance, taxes and insurance on the Common Area.

 

(d)        Any deficit in the operation of the Association prior to December 31, 1996 shall be paid by Quail Creek, Inc. Any deficit in the operation of the Association after December 31, 1996 shall be paid pursuant to Section 3(c) above.”

 

Article VI, Covenant for Assessments is amended by adding a new Section 3.1: Initial Assessment as follows:

 

“Section 3.1: Initial Assessment. After May 20, 1991, all Members shall pay an Initial Assessment of $500 for the swimming pool, tennis courts, and other amenities in the Common Area. This assessment shall be paid to the Association when the residence is first occupied by a Member. All Members prior to May 20, 1991 shall be deemed to have paid the Initial Assessment. Upon the resale of the Members home, no further Initial Assessment shall be due if the Initial Assessment has been paid’.”

 

Article VIII, Use and Building Restrictions is amended to add to Section 9: Landscaping and Lawns, the following Section 9(d).

 

Section 9:              Landscaping and Lawns.

 

“(d) Lawn ornaments such as, decorative lawn statues of animals, birds and other wildlife, or any other lawn structures of any nature or kind shall not be erected, placed, or maintained on any lot within Quail Creek without the prior approval of the Architectural Committee.”

 

IN WITNESS WHEREOF, the undersigned, Quail Creek, Inc., the Developer, has caused this Amendment’ to Declaration of Restrictions, Covenants and Conditions of Quail Creek, to be executed this 12th day of August, 1991.

 

                      QUAIL CREEK, INC.

                      BY: Ronald K. Stenger

                      President

 

ATTEST:

Richard A. Pendleton

Secretary

STATE OF MISSOURI          )

                                             ) SS

COUNTY OF GREENE         )

 

On this 12th day of August, 1991, before me personally appeared Ronald K. Stenger, to me personally known, who being by me duly sworn did say that he is the President of Quail Creek, Inc., Springfield, Missouri, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation, and that said corporation has no corporate seal.

 

IN TESTIMONY WHEREOF, I have hereunto set my hand an affixed my official seal, at my office in Springfield, Missouri, the day and year first above written.

 

CONNIE A. COVEY,  Notary Public

Greene County,     State at Missouri

My Commission  Expires OCT 8. 1993

 


AMENDMENT TO THE BYLAWS

OF

QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.

 

 

This Amendment, to the Bylaws of Quail Creek Property Owners Association, Inc., is adopted this 12th day of August, 1991 by Quail Creek Property Owner’s Association, Inc.

 

WITNESSETH

 

WHEREAS, Article XIII, Section 1 permits the Board of Directors to amend the Bylaws by a majority vote of the Directors, and

WHEREAS, on this 12th day of August, 1991, all of the directors of Quail Creek Property Owner’s Association, Inc. have voted to amend the Bylaws of the Association.

NOW THEREFORE, the Board of Directors of the Association does hereby amend Article III, Membership, Section 2. Suspension of Membership so that it is deleted and the following shall be substituted therefore:

 

Section 2. Suspension of Membership. During any period in which a member shall be in default in the payment of any of such member’s annual, special or initial assessment levied by the Association, the right to use the Common Area and facilities may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.”

 

NOW THEREFORE, the Board of Directors of the Association does hereby amend Article X, Assessments so that it is deleted and the following shall be substituted therefore:

 

ARTICLE X

ASSESSMENTS

 

“As more fully provided in the Declaration, each member is obligated to pay to the Association annual, special and initial assessments which are secured by a continuing lien upon the property against which the assessment is made.

 

IN WITNESS WHEREOF, the undersigned Quail Creek Property Owners Association, Inc. has caused this Amendment of the Bylaws to be executed the 12th day of August, 1991. 

 

QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.

 

BY: Ronald K. Stenger

                                        President

 

 

ATTEST: 

 

Richard A. Pendleton

Secretary

 

DESCRIPTION

DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS

OF QUAIL CREEK

 

 

 

 

A parcel of land located in the Northwest Quarter of Section 14, Township—28—North. Range—22-West, more particularly described as follows:

 

 

Beginning at the northwest corner of the Northwest Quarter of the Northwest Quarter of Section 14. Township—28—North. Range—22-West, thence South 78 degrees 41 minutes 24 seconds East, 731.54 feet to a point on the south right of way line of a service road. as it now exists for a new point of beginning; thence South 47 degrees 02 minutes 05 seconds East and along the said south right—of—way line of the service road 49.83 feet; thence South 86 degrees 39 minutes 06 seconds East and continuing along the said south right—of—way line of the service road, 307.83 feet; thence South 48 degrees 46 minutes 28 seconds East and continuing along the said, south right—of—way line of the service road, 270.22 feet; thence South 53 degrees 59 minutes 20 seconds East and continuing along the said south right—of—way line of the service road, 280.11 feet; thence North 40 degrees 12 minutes 19 seconds East and continuing along the said south right—of—way line of the service road, 14.94 feet to the intersection of the said south right—of—way line of the service road with the south right—of—way line of James River Freeway, as it now exists: thence South 50 degrees 54 minutes 10 seconds East and along the said south right—of—way line of James River Freeway, 672.88 feet; thence South 51 degrees 55 minutes 49 seconds East and continuing along the said south right—of—way line, 208.46 feet; thence South 53 degrees 56 minutes 15 seconds East for the tangent of a curve to the left, having a central angle of 09 degrees 42 minutes 34 seconds and a radius of 2059.86 feet, thence along said curve and continuing along the said south right—of—way line of James River Freeway, 349.07 feet; thence South 50 degrees 21 minutes 51 seconds West, 390.11 feet: thence South 33 degrees 53 minutes 10 seconds East. 74.88 feet; thence South 10 degrees 02 minutes 32 seconds East, 71.57 feet; thence South 84 degrees 17 minutes 24 seconds West, 390.79 feet; thence North 88 degrees 04 minutes 34 seconds West, 410.41 feet; thence South, 01 degree 55 minutes 26 seconds West, 20.0 feet: thence North 88 degrees 04 minutes 34 seconds West, 185.00 feet to a point on the west line of the Southeast Quarter of the Northwest Quarter of Section 14; thence North 01 degree 55 minutes 26 seconds East and along the west line of the said Southeast Quarter of the Northwest Quarter of Section 14, 336.30 feet to the southeast corner of the said Northwest Quarter of the Northwest Quarter of Section 14: thence North 88 degrees 57 minutes 36 seconds West and along the south line of the said Northwest Quarter of the Northwest Quarter of Section 14, 892.02 feet; thence North 01 degree 52 minutes 36 seconds East, 75.00 feet: thence North 38 degrees 09 minutes 45 seconds East, 355.0 feet; thence North 54 degrees 03     minutes 30 seconds East, 232.12 feet: thence North 42 degrees 44 minutes 01 second East, 263.00 feet: thence North 01 degree 55 minutes 26 seconds East, 368.61 feet: thence North 88 degrees 49 minutes 03 seconds West, 198.95 feet to the tangent of a curve to the left having a central angle of 75 degrees 35 minutes 56 seconds and a radius of 15.0 feet: thence along said curve 19.79 feet; thence North 74 degrees 24 minutes 59 seconds West. 6O.00 feet; thence North 15 degrees 35 minutes 01 second East for the tangent of a curve to the left, having a central angle of 14 degrees 24 minutes 04 seconds and a radius of 380.0 feet; thence along said curve 95.51 feet; thence North 01 degree 10 minutes 51 seconds East, 29.50 feet to the new point of beginning. A part being in Springfield and all being in Greene County, Missouri and containing 35.23 acres more or less. Subject to all easements of record. AND  

 

 

The Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section

Fourteen (14), Township Twenty—Eight (28), Range Twenty—Two (22), in Greene

County, Missouri, except any part taken or used for roads.

 

ARTICLES OF INCORPORATION

OF

QUAIL CREEK PROPERTY OWNERS ASSOCIATIONS.

 

 

TO THE SECRETARY OF STATE, JEFFERSON CITY, MISSOURI:

 

We, the undersigned,

 

        Name                                                                    Address                             City/State

Ronald K. Stenger                                              3985  St. Andrews                  Springfield, MO
Richard A. Pendleton                                          1430  Oakmont                               
Springfield, MO
David P. Oliver                                                  5662  Southwood                            
Springfield, MO

 

being natural persons of the age of twenty-one (21) years or more and citizens of the United States, for ‘the purpose of forming a corporation under the “General Not—For—Profit Corporation Act” of the State of Missouri, do hereby adopt the following Articles of

 

Incorporation:

 

1.        NAME:  The name of the corporation is Quail Creek Property Owners Association, Inc.

 

2.        DURATION. The period of duration of the corporation is perpetual.

 

3.       REGISTERED OFFICE AND AGENT. The address of its initial Registered Office in the State. of Missouri is 2003 East Sunshine, in the City of Springfield, Missouri 65804, County of Greene, and the name of its initial Registered Agent at said., address is Ronald K. Stenger.

 

4.           INITIAL BOARD OF DIRECTORS. The first Board of Directors shall be three (3) in number, their names and addresses being as follows:

 

        Name                                                                   Address                            City/State

 

Ronald K. Stenger                                             3985   St. Andrews                  Springfield, MO
Richard A. Pendleton                                         1430   Oakmont                     
Springfield, MO
David P. Oliver                                                  5662   Southwood                  
Springfield, MO

 

The number of directors may be increased or decreased, from time to time, by amendment to the by-laws.

5.          PURPOSE. The purpose or purposes for which the corporation is organized are:

 

(a)            To provide for the maintenance, preservation and architectural control of the lots, building and grounds, and all common area now or hereafter developed upon the following property in Springfield, Greene County, Missouri, to—wit:

 

Quail Creek Subdivision, a subdivision in Springfield, Greene County, Missouri.

 

And further to promote the health, safety and welfare of the owners of and the environment within the above-described property and any additions thereto which may hereafter be brought within the jurisdiction of this Association by annexation, as provided herein, and for these purposes this Association shall have the right and responsibility:

 

(b)        To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions for Quail Creek herein called the “Declaration,” recorded in the office of the Greene County, Missouri, Recorder of Deeds at Springfield, Missouri, as the same may be amended from time to time as therein provided.

 

(c)       To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith including, but not limited to, expenses for maintenance of and improvements to the real personal property owned by the Association or used by the Association Membership; expenses including legal fees and Court costs incurred in connection with the enforcement of the terms of the Declaration, and the Articles and Bylaws of the Association, and expenses for any services provided to the Association membership, and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association.

 

(d)       To acquire ( by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association.

 

(e)       To borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred.

 

(f)        To have and to exercise any and all powers, rights and privileges which a corporation organized under the Not-For-Profit Corporation law of the State of Missouri by law may now or hereafter have or exercise.

 

(g)         The foregoing notwithstanding, no substantial part of the activities of the Association shall be devoted to attempting to influence legislation by propaganda or otherwise within the meaning of the proscriptive provisions of the Internal Revenue Code. The Association shall not directly or indirectly, participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office.

 

6.          MEMBERSHIP. The Developer (Quail Creek, Inc., its successors and assigns) and every person or entity that is an Owner of a lot in Quail Creek shall be a member of the Association. Membership shall be appurtenant to and may not be separated from said ownership.

 

7.          CLASSES OF MEMBERS AND VOTING RIGHTS. Class A members shall be all of those owners of lots (with the exception of developer) in Quail Creek. Each Class A member shall be entitled to one vote for each lot he owns. If more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such lot.

 

Class B members shall be developer. Quail Creek, Inc., and its successors and assigns. The Class B members shall be entitled to 10 votes for each lot as shown on the preliminary and final plat for Quail Creek.

 

8.         BOARD OF DIRECTORS. The affairs of the Association shall be managed initially by a board of three (3) directors, two of whom need not be members of the Association. The number of directors and the classes from which they are elected may be changed by amendment of the Bylaws of the Association. The initial three (3) directors shall serve until the first annual meeting of the Board of Directors,’ and shall thereafter be elected at the time and in the manner set forth in the Bylaws.

 

Any director may be removed from office as provided by the Bylaws of the Association, and in the event of such removal or the creation of a vacancy through any other cause, such vacancy shall be filled as provided by the Bylaws of the Association.

 

            9.        ANNEXATION OF ADDITIONAL PROPERTIES.                The Association, by action of the Board of Directors, may annex adjacent property and common areas in addition to the properties described in Paragraph 5(a) above, and so add to its membership.

 

          10.        DISSOLUTION.         The Association may be dissolved by the Board of Directors adopting a resolution recommending that the Corporation be dissolved, and directing that the question of such dissolution be submitted to a vote at a meeting of the members entitled to vote thereon, which may be either an annual or special meeting. The resolution to dissolve the corporation shall be adopted upon receiving two-thirds (2/3) of the votes entitled to be cast by members present.

 

The Assets of the Association the process of dissolution may be applied and distributed as provided in Section 355.230, Revised Statutes of Missouri.

 

11.     Amendments to these Articles of Incorpora­tion shall be made by the Board of Directors adopting a resolu­tion setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the members entitled to vote thereon, which may be either an annual or a special meeting. The proposed amendment shall be adopted upon receiving at least two-thirds (2/3) of the votes entitled to “be cast by members present at such meeting.

 

These original. Articles of Incorporation were executed on this 3rd day of May, 1989, by Ronald K. Stenger, Richard A. Pendleton and David P. Oliver.

 

BY: Ronald K. Stenger, Incorporator

 

BY: Richard A. Pendleton, Incorporator

 

BY: David P. Oliver, Incorporator

 

STATE OF MISSOURI      )

                                                ) SS
COUNTY OF GREENE     )

 

I, Connie A. Covey, a Notary Public, do hereby certify that on the 3rd day of May, 1989, Ronald K. Stenger, Richard A. Pendleton and David P. Oliver personally appeared before me and being first duly sworn by me severally acknowledged that they signed as their free act and deed the foregoing document in the respective capacities therein set forth and declared that all the statements therein contained are true, to their best knowledge and belief.

 

IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written.

 

CONNIE A. COVEY,  Notary Public

Greene County,     State at Missouri

My Commission  Expires OCT 8. 1989

 


BY-LAWS

OF

QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.

 

 

 

ARTICLE I

NAME AND LOCATION

 

The name of the Corporation is Quail Creek Property Owners Association, Inc., hereinafter referred to as the “Association.” The principal office of the corporation shall be 2003 East Sunshine, Springfield, Missouri, but meetings of members and directors may be held at such places within Greene County, Missouri, as maybe designated by the Board of Directors.

 

ARTICLE II

DEFINITIONS

 

All terms shall be defined in accordance with the defini­tions contained in the Amended’ and Restated Declaration of Restrictions, Covenants and Conditions of Pearson Creek Subdivi­sion and amendments thereto.

 

ARTICLE III

MEMBERSHIP

 

 

Section 1. Membership. Membership shall be as set forth in Article VI of the Articles of Incorporation.

 

Section 2. Suspension of Membership. During any period in which a member shall be in default in the payment of any of such member’s annual or special assessment levied by the Association, the right to use the ‘Common Area and facilities may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for viola­tion of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

 

 

ARTICLE IV

PROPERTY RIGHTS:  RIGHTS OF ENJOYMENT

 

Section 1. Each member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any member may assign his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the Property. Such member shall notify the secretary in writing of the names of such persons whose rights and privileges shall be subject to suspen­sion to the same extent as those of the member.

 

Section 2. The Association may charge reasonable admission and other fees for the use of any recreational facilities situat­ed upon the Common Area.

 

ARTICLE V

 

Section 1. Selection and Term of Office. The first Board of Directors of the Association shall be Ronald K. Stenger, Richard A. Pendleton and David P. Oliver, and shall hold office until the first annual meeting of the members.  At the first annual meeting of the members, three directors shall be elected for a term of one year each. Directors shall be elected by a majority vote of the members entitled to vote at such meeting. Each director shall hold office for the term for which he is elected or until his successor shall have been elected and qualified.

 

Section 2. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members. In the event of death, resignation or removal of a director by a majority vote of the members, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his ‘predecessor.

 

Section 3. Conversation. No director shall receive compen­sation for any service he may render to the Association. How­ever, any director may be reimbursed for his actual expenses incurred in the performance of his duties, as approved by the Board.

 

Section 4. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the sane effect as though taken at a meeting of the directors.

 

ARTICLE VI

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

 

Section 1. Powers. The Board of Directors shall have power:

 

(a)       To adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;

 

(b)       To exercise for the Association all powers, duties and authority vested in or delegated to this Association not reserved to the membership by other provision of these By—Laws, the Articles of incorporation, or the Declaration;

 

(c)       To employ a manager, independent contractors, or such other employees as they deem necessary, and to prescribe their duties.

 

Section 2. Duties. It shall be the duty of the Board of Directors:

 

(a)       To cause to be kept a record of all its acts and corporate affairs;

 

(b)        To supervise all officers, agents and employees of this Association, and to see that their duties are property performed;

 

(c)           As more fully provided herein and in the Declaration:

 

(1) To fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period, and

 

(2)       To send written notice of any change in assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period;

 

(d)       To issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certifi­cate shall be conclusive evidence of the payment of any assess­ment therein stated to have been paid;

 

(e)       To procure and maintain adequate liability insurance, and to procure adequate hazard insurance on property owned by the Association;

 

(f)        To cause all officers or employees having fiscal responsibilities to be bonded in such amounts as it may deem appropriate;

 

(g)       To cause the Common Area to be maintained.

 

ARTICLE VII

COMMITTEES

 

Section 1. Required Committees. The Board of Directors of the Association shall annually appoint an Architectural Com­mittee, in accordance with Article VII of the Declaration of Restrictions, Covenants and Conditions of Quail Creek.

 

Section 2. Other Committees. In addition to the foregoing, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes.

 

ARTICLE VIII

MEETINGS OF MEMBERS

 

Section 1. Annual Meetings. The annual meeting of the members shall be held on the second Tuesday in February at the hour of seven o’clock p.m. or such other date and time as the Board shall determine. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.

 

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of a majority of the membership.

 

Section 3. Notice of Meeting. Written or printed notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called shall be delivered not less than five (5) nor more than forty (40) days before the date of the meetings, either per­sonally or by mail, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid.

 

ARTICLE IX

OFFICERS AND THEIR DUTIES

 

Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice—president, who shall at all times be members of the Board of Directors and a secretary, and such other officers as the Board may from time to time by resolution determine.

 

Section 2. Election of Officers. The election of officers shall be made by a majority vote of the Board of Directors.

 

Section 3. Term: The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise become disqualified to serve.

 

Section 4. Special Appointments. The board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such author­ity, and perform such duties as the Board may, from time to time determine.

 

Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

 

Section 6. Vacancies. A vacancy in any office may be filled by a majority vote of the directors. The officer elected to such vacancy shall serve, for the remainder of the term of the officer he replaces.

 

Section 7. Multiple Offices. The offices of president, vice-president, secretary and treasurer may be held by the same person.

 

Section 8. Duties. The duties of the officers are as follows:

 

(a) President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.

 

(b)       Vice President. The vice president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.

 

(c)       Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.

 

(d)       Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting.

 

ARTICLE X

ASSESS­MENTS

 

 

As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assess­ments, which are secured by a continuing lien upon the property against which the assessment is made.

ARTICLE XI

BOOKS AND RECORDS

 

The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be avail­able for inspection by any member at the principal office of the Association; a copy shall be provided initially for the owners of each Lot, and additional copies shall be made available for purchase by members at reasonable cost.

 

ARTICLE XII

CORPORATE SEAL

 

The Association shall have no corporate seal.

 

ARTICLE XIII

AMENDMENTS

 

Section 1. These By—Laws may be amended at a regular or special meeting at the Board of Directors by a vote of a majority of the directors who are present at such meeting.

 

Section 2. In the case of any conflict between the Articles of Incorporation and these By—Laws, the Articles shall control; and in the case of conflict between the Declaration and these By—Laws, the Declaration shall control.

 

ARTICLE XIV

MISCELLANEOUS

 

The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

            APPROVED, this 9th day of May, 1989.

 

Ronald K. Stenger

Richard A. Pendleton

David P. Oliver

Being all of the Incorporators of Quail Creek Property Owners Association, Inc.

 

 

AMENDMENT TO DECLARATION OF

RESTRICTIONS. COVENANTS AND CONDITIONS OF

QUAIL CREEK

 

THIS AMENDMENT, to the Declaration of Restrictions, Covenants and Conditions for Quail Creek is adopted this 26th day of August, 2004 by Quail Creek Property Owners, Inc., the Association and is effective when filed with the Greene County Recorder of Deeds.

WITNESSETH:

 

WHEREAS, the Developer adopted the Declaration of Restrictions, Covenants and conditions of Quail Creek on May 12, 1989, and they were recorded in Book 2057 at Page 1914 in the Office of the Recorder of Deeds for Greene County, Missouri; and

WHEREAS, Article X, Section 3 thereof permits a majority of the Board of Directors to amend the Declaration of Restrictions, Covenants and Conditions any time after May 12, 1996; and

WHEREAS, the Developer amended Sections 1, 2 and 3 of Article VI, entitled “Covenant for Assessment” and added Article VIII Section 9 (d) on August 12, 1991, and they were recorded in Book 2154 at Page 0343 in the Office of the Recorder of Deeds for Greene County, Missouri; and

 

WHEREAS, the Developer amended Article I Definitions, Section 1 (e) “Property or Properties” effective December 31, 1992 to add 40 acres to Quail Creek; and

WHEREAS, the Board of Directors wish to amend Article I “Definitions” Section 1 (e) “Property or Properties” to add the property on Schedule A to Quail Creek,

NOW THEREFORE, the Board does hereby amend the Declaration as follows:

1.    Article I, “Definitions”, Section 1 (e) is deleted in its entirety and the following is inserted:

 

“(e) “Property” or “Properties” shall mean and refer to all property included in Phases I through VI of Quail Creek according to the recorded plats of Phases I through VI, and the property set forth on the attached Exhibit A, and any additional real estate acquired by Developer and developed in conjunction with Quail Creek, upon filing an amendment with the Greene County Recorder of Deeds that states the legal description of the additional real estate to be included in the Property.”

 

2. Article VI Covenant for Assessments, Section 3.1 Initial Assessment is hereby deleted in its entirety and the following is inserted:

 

“Section 3.1 Initial Assessment. After May 20, 1991, all Members shall pay an Initial Assessment of $500 for the swimming pool, tennis courts, and other amenities in the Common Area. This assessment shall be paid to the Association when the residence is first occupied by a Member. All members prior to May 20, 1991 shall be deemed to have paid the Initial Assessment. Upon the resale of the Members home, no further Initial Assessment shall be due if the Initial Assessment has been paid. The Initial Assessments paid to the Association shall be retained by the Association after August 30, 2004 and shall not be paid to the Developer any longer.”

IN WITNESS WHEREOF, the undersigned, Quail Creek Property Owners Association, Inc., the Association, has caused this Amendment to Declaration of Restrictions, Covenants and Conditions of Quail Creek, to be executed this 26th day of August, 2004, upon the rendering of this Amendment.

 

QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.

 

BY: Don Volentine

 

Don Volentine, President

 

 

ATTEST: Donna Howerton

                     ,Secretary

 

 

 

STATE OF MISSOURI )

)SS

COUNTY OF GREENE )

 

          On this 26th day of August,  2004, before me personally appeared Don Volentine, personally known, who being by me duly sworn did say that he is the President of Quail Property Owners Association, Inc., Springfield, Missouri, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation, and that said corporation has no corporate seal.

 

IN TESTIMONY WHEREOF, I have hereunto set my hand an affixed my official seal, at my office in Springfield, Missouri, the day and year first above written.

 

                                                                                                            Tom W. Cardin

Notary Public

 

My commission expires:

 

Notary Public – Notary Seal

STATE OF MISSOURI

Greene County

My commission expires: April 3, 2007