Declaration of Restrictions,
Covenants and Conditions
of
Quail Creek
This Declaration of Restrictions, Covenants and
Conditions of Quail Creek made, on the date hereinafter set forth, by Quail
Creek Inc., a Missouri Corporation.
WITNESSETH:
WHEREAS,
on the 12th day of May, 1989, Developer was the owner of record of the
following described real property, consisting of' 68 acres, more or less,
hereinafter called QUAIL CREEK or the “Property”:
See
Attached Description
WHEREAS, the Developer has an option to purchase
additional real property which adjoins the above described real property which
will be added to the “Property” at a future date, and
WHEREAS,
the above-described real property was approved by the City of Springfield as
the preliminary plat of Ward Creek and by the Greene County Planning and Zoning
Commission as the preliminary plat or Ward Creek and the optioned property was
approved as Quail Creek lst Addition; and
WHEREAS,
the subdivision approved as Ward Creek has changed its name to QUAIL CREEK, and
is in the process of being developed; and
WHEREAS,
Developer desires to provide for the development of QUAIL CREEK with open
areas, recreational facilities, detached single-family homes, to provide for
the maintenance, improvement and administration of the Quail Creek community
and the preservation of the values and amenities of QUAIL CREEK, and
WHEREAS,
the final plat of QUAIL CREEK Phase I has been approved by the City of
Springfield and Greene County and will be recorded in the near future; and
WHEREAS,
QUAIL CREEK will be final platted in future phases; and
WHEREAS,
QUAIL CREEK Property Owners Association. Inc. is being duly incorporated under
the laws of the State of
NOW
THEREFORE, Developer does hereby declare
that QUAIL CREEK Subdivision shall be subject to the restrictions, covenants
and conditions, easements and charges, hereinafter set forth, which shall run
with the land and be binding on all present and future owners, and shall inure
to the benefit of each owner of the land included in QUAIL CREEK.
ARTICLE I
DEFINITIONS
Section
1: As used in this Declaration of Restrictions, Covenants and Conditions:
(a) "Association" shall mean and refer to QUAIL
CREEK PROPERTY OWNERS ASSOCIATION, INC., it successors and assigns.
(b)"Common
Area" shall mean all real property owned by the Association or designated
as Community Area, open or drainage area on a QUAIL CREEK final plat and
intended for the common use and enjoyment of the Owners.
(c) "Developer" shall mean QUAIL CREEK, INC.,
its successors and assigns and any entity designated by QUAIL CREEK, INC., as a
Developer or successor.
(d)"Declaration"
shall mean the Quail Creek Restrictions, Covenants and Conditions and all other
provisions set forth in this entire Document, as the same may from time to time
be amended or modified.
(e) “Property” or “Properties” shall mean and refer to the
68 acres set forth above, and referred to as QUAIL CREEK, 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.
(f) “Owner(s)” shall mean the record owner, whether one or
more persons or entities, of a fee or undivided interest in any lot. The
foregoing does not include any persons or entities who hold an interest in any
(g)“Single
Family Residence” shall mean a structure containing one dwelling only and
occupied by not more than one family.
(h)“
(i) “Subdivision Plat” shall mean a recorded plat covering
any or all of the Property referred to in this Declaration.
(j) “Visible From Neighboring Property” shall mean, with
respect to any given object, that such object is or would be visible to a
person six feet tall, standing on any part of such neighboring property at an
elevation no greater than the elevation of the base of the object being viewed.
(k)“Board”
shall mean "the Board of Directors of the Association.
(l) “Corner
(m) “QUAIL CREEK” shall mean the Property as set forth
above.
(n)“Rules”
shall mean and refer to those rules and regulations as passed and promulgated
by the Association, or the Board acting on behalf thereof, under the authority
granted by this Declaration, or the Articles of Incorporation or By-Laws
of the Association.
ARTICLE II
PROPERTY RIGHTS
Section
1: Owner’s Easements 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
(a)
The right of the
Association to charge reasonable admission and other fees for the use of any
recreation facility situated upon the Common Area; the right of the Association
to limit the number of guests of Members; the right of the Association to limit
the Common Areas which may be used by guests of Members; the right of the
Association to impose conditions under which Common Areas may be used by
Members and/or their guests;
(b)
The right of the
Association to suspend any Owner's voting rights and the right to use the
recreational facilities for any period during which any assessment against his
Lot remains unpaid; and for a period not to exceed ninety (90) days for any
infraction of this Declaration, any Supplementary Declarations thereto, By-Laws
of the Association or any Rules which may be imposed by the Association;
(c)
The right of the Association to dedicate or
transfer all or any part of the Common
Area to any governmental agency, authority, or public or private utility
for such purposes.
(d)
The right of the Association
to promulgate and enforce the rules and regulations in connection with the
Properties described herein or any additions thereto.
ARTICLE III
PROPERTY SUBJECT TO THE QUAIL CREEK
RESTRICTIONS
Section 1: General Declaration Creating Quail Creek.
Developer will develop QUAIL CREEK in phases, by subdivision into various Lots.
Developer may supplement or modify this Declaration with such additional
covenants, conditions and restrictions as may be appropriate. Developer's sale
and conveyance of Lots is subject to this Declaration as modified and amended.
Developer hereby declares that all of the real property within QUAIL CREEK is
and shall be held, conveyed, encumbered, leased, occupied, built upon or
otherwise used, improved or transferred in whole or in part subject to this
Declaration, as amended or modified from time to time. This Declaration, as
amended or modified, is in furtherance of a general plan for the subdivision,
improvement and sale of said real property and is established for the purpose
or enhancing the value, desirability, and attractiveness of said real property
and every part thereof. All of this Declaration shall run with all of real
property within QUAIL CREEK for all purposes and shall be binding upon and
inure to the benefit of Developer, the Association, and all Owners and their
successors in interest.
ARTICLE IV
THE QUAIL CREEK
PROPERTY OWNERS ASSOCIATION
Section 1: Organization.
(a) The Association. The Association is a
nonprofit corporation organized and existing under the General Not-For-Profit
Corporation Act of the State of
(b) Board of Directors and Officers. The
affairs of the Association shall be conducted by a Board of Directors and such
officers as the Directors may select or appoint, in accordance with the
Articles and the By-Laws.
Section 2: Powers and Duties of the Association. The Association shall have such rights,
powers and duties as set forth in the Articles and By-Laws.
Section 3: Rules. By a majority vote of the
Board, the Association may, from time to time and subject to the provisions of
the Declaration, adopt, amend, and repeal rules and regulations governing the
use of any Common Area by any Owner, by the family of such Owner, or by any
invitee, licensee or lessee of such Owner; provided, however, that such Rules
may not discriminate among Owners and shall not be inconsistent with this
Declaration, the Articles or By-Laws. A copy of such Rules as they may from
time to time be adopted, amended or repealed shall be made available to each
Owner, at said Owner's request. Upon promulgation, said Rules shall have the
same force and effect as if they were set forth in and were part of the
Declaration.
Section 4: Personal Liability. No Member of the
Board of Directors or any Committee of the Association, or any officers of the
Association shall be personally liable to any Owner, or to any other party,
including the Association, for any damage, loss or prejudice suffered or
claimed on account of any act, omission, error or neg1igence of the
Association, the Board, or any other representative or employee of the
Association, or the Architectural Committee, or any other Committee, or any
officer of the Association, provided that such person has, upon the basis of
such information as may be possessed by him, acted in good faith, without
willful or intentional misconduct.
Section 5: Responsibility for Common Areas. The
Association shall have the responsibility for maintaining the Common Areas and
shall be responsible for the payment of any taxes and insurance on the Common
Areas. The Association will not be disso1ved without the consent of the City of
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
Section 1: Every Owner, either of a fee or undivided
interest, of a
Section 2: Members shall have no rights to manage the
business affairs of the Association. The management of the Association is vested
entirely in the Board of Directors as set forth in the Articles of
Incorporation and By-Laws.
ARTICLE VI
COVENANT FOR ASSESSMENTS
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, such assessments to be
established and collected as hereinafter provided. The annual and special
assessments, together with interest, costs and reasonable 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 above provided.
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 in 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 1evied upon any property owned by the Association, together
with all other costs and expenses related to the management and maintenance of
the Common Areas. 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 initial annual
assessment shall be for 1990 and shall be Two Hundred Forty and No/100
($240.00) Dollars per member. The Developer shall not be considered a member
for purposes of assessment, and shall pay no assessments.
(b) After 1990, the maximum
annual assessment may be increased each year, without a vote of the Members,
not more than ten (10%) percent. above the maximum assessment established for
the previous year except that in the event that the annual assessment is not
sufficient to pay for the maintenance, taxes, and insurance on the common area,
an additional annual assessment wi11 be made solely for the purpose of paying
for the maintenance, taxes and insurance on the Common Area.
Section 4: Special
Assessment for Capital Improvements. In addition to the annual assessments
in Section 3 above, the Association may levy, in any assessment year, a special
assessment the purpose of the special assessment shall be for a capital
improvement in the Common Area, or providing in whole or in part, for the cost
of any reconstruction, repair or replacement of a capital improvement in the
Common Area, including fixtures and personal property related thereto. The
maximum special assessment shall be Five Hundred and No/100 ($500.00) dollars
per year, per member. Any special assessment shall require an affirmative vote
of the majority of the members.
Section 5: .Date of
Commencement of Annual Assessments. The annual assessments for each
Section 6: Effect of
Non-Payment of Assessments: Remedies of the Association. Each member shall
be deemed to covenant and agree to pay to the Association the assessments
provided for herein, and each agrees to the enforcement of the assessments in
the manner herein specified. In the event the Association employs an attorney
or attorneys for collection of any assessment, whether by suit or otherwise, or
to enforce compliance with or specific performance of the terms and conditions
of this Declaration, or for any other purpose in connection with the breach of
this Declaration, each Owner, agrees to pay reasonable attorneys' fees and
costs thereby incurred in additional to any other amounts due or any other
relief or remedy obtained against said Owner. In the event of a default in
payment of any such assessment when due, the assessment shall be deemed
delinquent. and shall bear interest at the rate of eighteen (18%) percent per
annum, and in addition to any other remedies herein or by law provided, the
Association may enforce each such obligation in any manner provided by law or
in equity, or, without any limitation by the foregoing, by either or both of
the following procedures.
(a) Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in
the name of the Association against any Owner to enforce each such assessment
obligation. Any judgment rendered in any such action shall include the amount
of the delinquency, together with interest thereon at the rate of eighteen
(18%} percent per annum from the date of delinquency, court costs, and
reasonable attorneys' fees in such amount as the court may judge against the
delinquent Owner.
(b)Enforcement by Lien: There
is, to the full extent permitted by law, hereby created a claim of lien, with
power of sale, on each and every Lot within QUAIL CREEK to secure payment to
the Association of any and all assessments levied against any and all Owners of
such Lots under these Restrictions, together with interest thereon at the rate
of eighteen (18%) percent per annum from the date of delinquency, and all costs
of collection which may be paid or incurred by the Association in connection
therewith, including reasonable attorneys' fees. At any time within thirty (30)
days after the occurrence of any default in the payment of any such assessment,
the Association or any authorized representative may, but shall not be required
to make a written demand for payment to the defaulting Owner, on behalf of the
Association. Said demand shall state the date and the amount of the
delinquency. Each default sha11 constitute a separate basis for a demand or
claim of 1ien or a 1ien, but any number of defaults may be included within a
single demand or claim or lien. If such delinquency is not paid within ten (10)
days after delivery of such demand, or even without such a written demand being
made. The Association may elect to file such a claim or lien on behalf of the
Association against the
(a) The name of the delinquent Owner;
(b) The legal description or street address of the lot
against which claim of lien is made;
(c) The total amount claimed to be due and owing for
the amount of the delinquency, interest thereon. collection costs, and
reasonable attorneys’ fees;
(d) That the claim of lien is made by the Association
pursuant to the QUAIL CREEK Restrictions; and
(e) That a lien is claimed against said
Upon (1) recordation of a duly executed original or
copy of such a claim or lien, and (2) mailing a copy thereof to said Owner, the
lien claimed thereon shall immediately attach and become effective in favor of
the Association as a lien upon the
Section
7: Subordination of the Lien to Mortgages. The lien of the assessment
provided for herein shall be subordinate to the lien of any first mortgage.
ARTICLE VII
ARCHlTECTURAL
CONTROL
Section
1- Review by Committee. No structure, residence, accessory building,
tennis court, swimming pool, fence, mailbox, wall, lot drainage works, awning,
exterior area lighting or other improvements shall be constructed or maintained
upon any
horizontally
and vertically, the location of driveways and fencing shall have been submitted
to and approved in writing by the Architectural Committee. A copy of such
plans, specifications and plot plans as finally approved shall be kept by the
Architectural Committee. All fees and expenses incurred by the Architectural
Committee shall be paid by the applicant.
Section
2: Duties. The Architectural Committee shall exercise its best judgment
to see that all improvements, construction, landscaping and alterations on the Properties
conform and harmonize with the existing surroundings and structures.
Section
3: Procedures.
(a) The
Architectural Committee shall approve or disapprove all plans and requests
within thirty (30) days after receipt by the Committee of all necessary
information. In the event the Architectural Committee fails to take any action
within thirty (30) days after a request and all necessary information has been
submitted, approval shall be presumed and this Article shall be deemed to have
been fully complied with.
(b) The
Architectural Committee shall maintain written records of all applications
submitted to it and of all actions taken. Plans, specifications, and other
records and minutes of Committee actions shall be kept by the Committee for at
least one (1) year.
(c) A majority vote
of the Architectural Committee shall be necessary for approval of any request.
Section
4: Members of Committee.
(a) The Architectural Committee shall
consist of three (3) Members appointed by the Board of Directors of the Association.
Members of the Committee are not required to be Owners.
Section
5: Liability of' Committee. The Architectural Committee shall not be
liable in damages to any person submitting a request for approval, or to any
Owner by reason of any action, fai1ure to act, approval or disapprova1, or
failure to approve or disapprove any such request.
ARTICLE VIII
USE AND
BUILDING RESTRICTIONS
Section
1: The following restrictions are imposed upon each residential
Section
2: Single-Family Residential Use. All Lots shall be used, improved and
devoted exclusively as a one-family dwelling and no gainful occupation,
profession, trade, or other nonresidential use shall be conducted on any such
Section
3: Anima1s. No animals, fowl, or livestock, other than a reasonable
number of generally recognized house pets shall be maintained on any property
within QUAIL CREEK, and then only if they are kept solely as domestic pets and
not for commercial purposes. No animal shall be allowed to make an unreasonable
amount of noise, or to become a nuisance. No doghouse, structure or pen for the
care, housing or confinement of any animal shall be constructed or maintained.
Upon the written request of the Owner, the Board shall conclusively determine,
in its sole and abso1ute discretion, whether, for the purpose of this
paragraph, a particular animal is a generally recognized house pet, or a
nuisance, or whether the number of animals on any such property is reasonable.
Any decision rendered by the Board shall he enforceable as other restrictions
contained herein. Pets shall not be allowed loose or unsupervised on any part
of the Properties and walking of pets shall be on a leash and allowed only on
such portions of the Properties as the Board may prescribe by its Rules and
Regulations.
Section
4: Antennas. No antenna or other device for the transmission or
reception of electronic signals shall be erected, used or maintained outdoors
on any
Section
5: Improvements and Alterations. No building, fence, wall, residence or
other structure shall be commenced, erected, improved, or structurally altered,
without the prior written approval of the Architectural Committee. The exterior
surface of a single-family structure shall not be painted or changed in any
manner without the prior written approval of the Architectural Committee.
Section
6: Temporary Occupancy. No trailer, incomplete building, tent, shack or
garage and no temporary building or structure of any kind shall be used at any
time for a residence on any property within QUAIL CREEK. Temporary buildings or
structures used during the construction of a dwelling on any such property
shall be subject to the rules of the Board and sha11 be removed immediately
after the completion of construction.
Section
7: Motor Vehicles and Trailers.
(a)
No mobile or motor home, trailer of any kind, truck larger than 1/2 ton,
camper, boat, or permanent tent or similar structure shall be parked, kept,
maintained or repaired upon any property or street (public or private) within
QUAIL CREEK, between the hours of 12 midnight and 5:00 A.M. in such a manner as
will be visible from neighboring property; nor shall any motor vehicle of any
kind be constructed, reconstructed or repaired on public or private property
within QUAIL CREEK, provided, however, that the provisions of this paragraph
shall not apply to emergency vehicle repairs, or temporary construction
shelters or storage facilities approved by the architectural control committee
and used exclusively in connection with the construction of any improvement.
(b)
Any motor vehicle which is, in the sole discretion of the Board, unsightly or
not in keeping with motor vehicles owned by Quail Creek residents, or is a
service vehicle or pickup truck with a camper top or similar top shall be
parked in the garage overnight, and shall not be parked in Quail Creek between
the hours of 12 midnight and 5:00 a.m. in such a manner as will be visible from
neighboring property.
Section
8: Motor Vehicles--Excessive Noise. If the Board determines that any
motor vehicle is creating loud or annoying noises by virtue of its operation
within QUAIL CREEK, such determination shall be conclusive and final that the
operation, upon notice by the Board to the Owner or operator thereof, shall be
prohibited within QUAIL CREEK.
Section
9: Landscaping and Lawns.
(a)
Completion. Each Owner shall complete the landscaping required by the
Architectural Committee prior to occupying the premises, unless the
Architectural Committee shall approve a delay based on weather conditions.
(b)
By Owner. Each Owner of a
(c)
By the Association. The Association, and its agents, shall have the right, at
any time, to plant, replace, maintain, and cultivate shrubs, trees, grass and
plantings on the Common Area, and on any easements of record over an Owner's
Section
10: Nuisances. No rubbish or debris of any kind shall be placed or
permitted to accumulate upon or adjacent to any Lot within QUAIL CREEK, and no
odors shall be permitted to arise there from so as to render any such Lot or
any portion thereof unsanitary, unsightly, offensive or detrimental to any
other Lot in the vicinity thereof or to its occupants. Without limiting the
generality of any of the foregoing provisions, no exterior speakers, horns,
whistles, bells or other sound devices, except security devices used
exclusively for security purposes, sha11 be located, used or placed on any such
property. The Board in its sole
discretion shall have the right to determine the existence of any such nuisance
and for the purposes of this Declaration such determination shall be
conclusive.
Section
11: Repair of Buildings. No building. structure or fence upon any Lot
within QUAIL CREEK shall be permitted to fall into disrepair, and each such
building, structure or fence shall at all times be kept in good condition and
repair and adequately painted or otherwise finished.
Section
12: Trash_Containers and Collection. No garbage or trash shall be placed
or kept on any property within QUAIL CREEK except in covered containers of a
standard type approved by the Association. The Association shall select a
company for week1y trash disposal service for Quai1 Creek. A1l residents of
Quail Creek shall be required to use this company and no other regular trash
disposal service shall be permitted. In no event shall such containers be
maintained so as to be visible from Neighboring Property except to make the
same available for collection and then, only for the shortest time reasonably
necessary to effect such collection. All rubbish, trash, and garbage shall be
removed from the Lots and shall not be allowed to accumulate thereon. No
incinerators shall be kept or maintained on any
Section
13: Clothes Drying Facilities. Outside clothes lines or other outside
facilities for drying or airing clothes shall not be erected, place or
maintained on any
Section
14. Encroachments. No tree, shrub, or p1anting of any kind on any
Section
15. Machinery and Equipment. No
machinery or equipment of any kind shall be place, parked, operated or
maintained upon or adjacent to any lot within QUAIL CREEK except that:
1.
An Owner (or guest, invitee, licensee, tenant, lessee, family member, agent or
employ thereof) may use such machinery or equipment as is usual and customary
in connection with the use and maintenance of that owner’s lot or the
improvements thereon.
2. A
builder or contractor constructing improvements for an owner may use such
machinery or equipment as is usual and customary in connection with the
construction of improvements on an owner’s Jot, provided that such machinery
and equipment is actively being used by the builder or contractor and is stored
or placed in an area approved by the architectural control committee and that no trucks of any kind or
nature shall be kept, parked or placed upon any lot or street (public or
private) within QUAIL CREEK between the hours of 12:00 midnight and 5 A.M.,
unless permission to the contrary is temporarily granted by the Architectural
Control Committee, and
3.
The developers or the association may park, place, operate or maintain such
machinery and equipment as may be required for the operation and maintenance of
the common area.-
Section
16: Restriction on Further Subdivision.
No
Section
17: Signs. No sign of any kind
shall be displayed to the public view of any
(a) One sign of not more than five (5) square
feet, advertising the property for sale or rent;
(b) Signs used by a builder to advertise the
property during the construction and sales period
(c) Signs of such shape, size and location as
the Developer deems necessary for security control and to advertise Quail
Creek;
(d) One Sign, not to exceed one (1) square
foot in size, which may contain the name or names of the Owner or Owners and/or
the dwelling unit number;
(e) Signs of such shape, size and
location as the Architectural Committee may approve.
Section
18: Dwelling Size. The Architectural
Committee shall exercise its best judgment to see that all structures, as to
size, conform to and harmonize with the existing surroundings and structures.
Section 19: Building
Location.
(a)
No building shall
be located nearer to any lot line than the minimum set back line shown on the
recorded plat of QUAIL CREEK.
(b)
The building
location (horizontal and vertical) must be approved by the Architectural
Committee.
Section 20: Fences.
(a) Fences are not encouraged1 but properly
constructed and installed fences may be approved for construction by the
Architectural Committee upon submission of plans and specifications.
(b) Chain link fences are not permitted, except for the
tennis courts in the Common Area.
(c) Privacy fences may not exceed forty-eight (48)
inches in height. However, any lot which adjoins another subdivision, a water
detention area, or the James River Freeway may, with the approval of the
Architectural Committee, have a privacy fence which shall not exceed
seventy-two (72) inches on the lot line between QUAIL CREEK and the other
subdivision, the detention area, or the James River Freeway.
(d)
No fences in QUAIL CREEK
shall extend nearer to the front wall of a house than fifty (50) percent of the
distance of the house on each side. supporting structures on all fences shall
be placed on the side of the fence facing the property of the owner building
the fence. On corner lots, the fence may extend from the house toward the
street a maximum of five (5) feet.
(e)
No fence or hedge shall be permitted between the front wa1l of the structure
and the adjoining street or across the front yard.
(f) On Lots
where the Architectural Control Committee has approved a swimming pool, and the
Springfield City Ordinance, or Green County Ordinance requires a fence that
exceeds 48 inches in height, the height required by the appropriate City or
Section 21: Sales and Construction Office. Notwithstanding
anything herein, Developer and its agents may establish temporary sales and/or
construction offices and model homes, in Quail Creek and may permit builders
and realtors to establish the same. Any such office shall be removed upon the
completion of the subdivision. Developer and its agents shall have the right to
use the Common Area in conjunction with the sales and promotion of lots and
houses in QUAIL CREEK.
Section 22:Easements.Easements are reserved as shown upon the recorded plat
of QUAIL CREEK.
Section 23: Soil Removal. Soil may not be removed from the
subdivision without the consent of the Developer.
Section 24: Garage Doors. The doors of all garages shall
be kept closed at all times except when necessary for ingress and egress. The doors
of all garages shall be installed with electric or battery powered opening and
closing devices.
Section 25: Improvements. Upon the conveyance by the
Developer of any lots in QUAIL CREEK, or additions thereto, purchasers shall
within one (1) year from the date thereof commence construction of improvements
and completion of said improvements shall be within (1) year after commencement
thereof; and for failure of purchaser or purchasers to comply with said
requirements, or any of them, the Developer shall have the option to repurchase
said Lot or Lots for sum equal to the original purchase price at the time of
sale by said Developer.
Section 26: Basketball Goals. No basketball goals shall be
attached to the front of any dwelling or garage nor erected in any front yard
or on the side of any street which abuts any corner
Section 27: Outside Lighting. Spotlights, floodlights, or
similar type high intensity lighting shall be designed, located and constructed
so as to eliminate or significantly reduce glare on adjoining residences, and
the Architectural Committee may direct that they be redesigned or eliminated if
they determine that it is advisable. Other types of low intensity lighting
which do not disturb the Owners or other occupants of the properties may be
allowed.
Section 28: Mailboxes. Each Owner shall construct a mailbox which shall be
completed prior to occupying the residence. The mailbox shall be of the design,
materials, and specifications approved by the Architectural Committee.
Section 29: Roofs. All roofs shall have an exterior
surface which shall be approved by the Architectural Committee, in its sole
discretion.
Section 30: Completion. A structure shall be completed within a reasonable
time after commencement of construction. In the event of fire, windstorm, or
other damage, a structure shall be repaired, remodeled, rebuilt, or completely
removed within a reasonable time.
Section 31:
Common Area. Although Builders are also Owners, the recreation
facilities in the Common Area are not for Builder’s use or their family’s use,
unless they live in QUAIL CREEK.
Section
32: Remedies. In the event that an Owner (or guest, invitee,
licensee, tenant, lessee, family member, builder, contractor, sub-contractor,
agent or employee thereof), shall violate, or permit to be violated, any of the
provisions sot forth in this Article, the Board shall cause to be delivered to
said Owner a written Notice of Violation. Said Notice of Violation shall set
forth the nature of the alleged violation and shall request that the violation
be voluntarily terminated or remedied within a reasonable time from the mailing
date of said Notice.
If
after a reasonable time has elapsed from the date of said Notice, the violation
has not been voluntarily terminated by the Owner, the Association shall have
the authority to pursue and effect any and all procedures which may be
calculated as reasonably necessary to remove and/or terminate the cause of said
violation. This authority shall include, but shall not be limited to, the power
to employ laborers to enter upon, the premises of said Owner for the purpose of
removing and/or terminating the cause of said violation. If, by virtue of the
exercise of the authority granted herein, the Board shall incur expenses in
connection with the process of removing and/or terminating said violation the
Association may enforce collection of same in the same manner as if such costs
were an assessment and shall have all powers and rights to so collect as set
forth in Article VI, Section 6, above.
For
purposes of administering this Section, the determination of whether a
violation has been, or is being, committed and the determination of what time
period constitutes a “reasonable time’ allowable for voluntary termination of
the same, shall be made by the Association after taking into consideration the
facts and circumstances surrounding the particular violative situation,
condition or occurrence.
ARTICLE IX
CARE OF COMMON AREA
Section
1:Maintenance by Association. The Board
of the Association may, at any time, as to any Common Area owned, leased or
otherwise controlled by it, take the following actions without any approval of
the Owners being required
(a) Reconstruct, repair1 replace or refinish any improvement
or portion thereof upon any such area.
(b)
Construct, reconstruct, repair, replace or refinish any road improvement or
surface upon any portion of such area used as a road, street, walk, driveway or
parking area.
(c) Replace injured or diseased trees or other
vegetation in any such area, and plant trees, shrubs, annuals and perennials,
and ground cover to the extent that the Board deems necessary or desirable for
the conservation of water and soil and for aesthetic purposes.
(d) Place and maintain upon any such area such signs
as the Board may deem appropriate for the proper identification, use and
regulation thereof -
(e) Do all such other and further acts which the Board
deems necessary to preserve and protect the property and the beauty thereof, in
accordance with the general purposes specified in this Declaration.
The Board shall be the sole judge as to the appropriate maintenance of
all grounds within the Common Area.
Section
2: Damage or Destruction of Common Area by Owners. In the event any Common Area willfully or
maliciously is damaged or destroyed by an Owner or any of his guests, tenants,
licensees, agents or members of his family, such Owner does hereby authorize
the Association to repair said damaged area, and the Association at its option,
shall so repair said damaged area. The cost for such repairs shall be paid by
said Owner, upon demand, to the Association and the Association may enforce
collection of same in the same manner as if such costs were an assessment and
shall have all powers and rights to so collect as set forth in Article VI,
Section 6, above.
ARTICLE X
GENERAL PROVISIONS
Section 1: Enforcement. The Association, or any Owner, shall
have the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration as modified and
amended. Failure by the Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
Section
2: Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
Section 3:
Amendment.
(a) The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of thirty (30) years from
the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years unless
otherwise amended as herein provided.
(b) This
Declaration may be amended in whole or in part at any time within seven (7)
years from the date of recordation of same by an instrument in writing executed
by Developer, its successors or assigns.
(c) This
Declaration may be amended at the end of the above mentioned seven year period
by an instrument in writing executed by the Association, with the approval of a
majority of the votes of the Board of Directors.
(d) No
amendment shall be effective until it is recorded in the deed records of
(e) No amendment shall be made to dissolve the Association without the
consent of the city of
Section 4:
Violations and Nuisance. Every act or
omission whereby any provision of this Declaration is violated in whole or in
part is hereby declared to be Nuisance and may be enjoined or abated, whether
or not the Relief sought is for negative or affirmative action, by Developer,
the Association, or any Owner or Owners of Lots within QUAIL CREEK. However,
any other provision to the contrary notwithstanding, only Developer, the
Association, the Board of Directors, or the duly authorized agents of any of
them, may enforce by self-help any of the provisions of these Restrictions.
Section
5: Violation of Law. Any
violation of any state, municipal or local Law, ordinance or regulation,
pertaining to the ownership, occupation or use of any property within QUAIL CREEK is hereby declared to be
a violation of these Restrictions and subject to any or all of the enforcement
procedures set forth in these Restrictions.
Section 6: Remedies
Cumulative. Each remedy provided by
these Restrictions is cumulative and not exclusive.
Section
7: Delivery of Notices and Documents.
Any written notice or other documents relating to or required by these
Restrictions may be delivered either personally or by mail. If by mail, it
shall be deemed to have been delivered the day after a copy of same has been
deposited in the
(a) If to the
Association or the Architectural Committee, to the registered agent at his
registered office; currently Ronald K. Stenger, 2003 East Sunshine, Springfield, Missouri 65804.
(b) If to an Owner or Builder, to the address of any
(c) If to Developer, to its registered agent at its registered office;
currently Ronald K. Stenger, 2003 East Sunshine, Springfield, Missouri 65804
Provided, however,
that any such address may be changed at any time by the party concerned by
furnishing a written notice of change of address to the Association. Each Owner
of a
Section
8: The Declaration. By acceptance of
a deed or by acquiring any ownership
interest in any of the real property, included within this Declaration, each
person or entity, for himself or itself, his heirs, personal representatives,
successors, transferees and assigns, binds himself, his heirs, personal
representatives, to the covenants, conditions, rules and regulations now or
hereafter imposed by this Declaration and any amendments thereto. In addition, each such person by
so doing thereby acknowledges that this Declaration sets forth a general scheme
for the improvement and development of the real property covered thereby.
ARTICLE XI
ANNEXATION INTO SPRINGF1ELD
Part of Quail Creek is
in the City of
ARTICLE XII
Section
1: Subdivision Changes. The Developer feels that it is
important for QUAIL CREEK to change to meet the public demand for housing.
The Developer expects that to insure the success of QUAIL CREEK, it
will be necessary and desirable to modify the plat.
All Owners are hereby
notified that changes will be made in the preliminary plat approved by the City
of
The anticipated changes including the following:
(a) Addition of community or recreation areas.
(b) Change in design of QUAIL CREEK.
(c) Addition of attached single family dwellings.
In witness whereof, the
undersigned QUAIL CREEK, INC., have caused this instrument to be executed on
this 12th day of May, 1989.
BY QUAIL CREEK, INC.,
Ronald
S. Stenger
Attest: President
BY: _______
Richard A. Penedleton,
Secretary
STATE OF
)
SS
COUNTY OF GREENE )
On this 12th day of
May, 1989, before me personally appeared Ronald K. Stenger, to me personally
known who being duly sworn did say that he is the President of Quail Creek,
Inc., that the corporation does not have a. seal, and that the said instrument
was signed on behalf of the said corporation by authority of the Board of
Directors and the said Ronald K. Stenger acknowledged said instrument to be his
free act and deed of said corporation.
IN TESTIMONY WHEREOF, I
have hereunto set my band and affixed by official seal, at
By:
_________________________
Notary Public
CONNIE A. COVEY Notary
Public
My Commission Expires Oct. 8. 1989