Condominium Resale Certificate - Williams & Williams
Condominium Resale Certificate - Williams & Williams
Condominium Resale Certificate - Williams & Williams
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This document may have legal consequences. If not<br />
understood, seek legal advice.<br />
Form #2141 8/99<br />
©ST. LOUIS ASSOCIATION OF REALTORS*<br />
Approved by Counsel for the St. Louis Association of Realtors*<br />
to be used exclusively by Realtors* and<br />
members of the Bar Association of Metropolitan St. Louis<br />
<strong>Condominium</strong> <strong>Resale</strong> <strong>Certificate</strong><br />
Note: ALL INFORMATION REQUESTED ON THIS CERTIFICATE IS REQUIRED BY THE UNIFORM CONDOMINIUM<br />
ACT OF MISSOURI.<br />
The sale of individual units may be delayed or cancelled if a resale certificate is not available on a timely basis to unit owners to<br />
present to Buyers. This resale certificate shall be completed by the governing body of the <strong>Condominium</strong> Association of<br />
______________________________________ Fern Ridge <strong>Condominium</strong> Association condominium, Unit number ______________________________________<br />
12812 Portulaca Unit D<br />
Building number __________ in the city/county of St. ______________________________________ Louis<br />
in the state of Missouri.<br />
Description of condominium complex:<br />
Total Units _______ 92 Owner Occupied Units _______ 52 Rental Units _______ 40<br />
1. Does the Board or Association have the right of first refusal yes ✔ no<br />
If yes, Board does does not waive this right<br />
Is there any other limitation on the right of the unit owner to sell or lease this unit yes ✔ no If yes, describe:<br />
_____________________________________________________________________________<br />
2. Please fill in the following amounts:<br />
Monthly Assessment _________________ $156.00/$169.00 Date Due _________________<br />
First of each month<br />
Special Assessment _________________ Date Due _________________<br />
Other fees _________________ Date Due _________________<br />
The monthly assessment on this unit is paid through ___________________(date)<br />
If payments are late, the following penalties and fees apply: ________________________________________________<br />
$10.00 after the 10th of each month<br />
3. Is any additional special assessment anticipated by the Association or already approved for some future date within the next 2 fiscal<br />
years yes ✔ no<br />
If yes, for what purpose: ________________________________________________________________________________<br />
4. Is any additional capital expenditure anticipated by the Association within the next two years yes ✔ no<br />
If yes, in what amount and for what purpose _______________________________________________________________<br />
5. Reserves available for capital expenditures $ _____________________<br />
130,808.54 -<br />
6. Reserves designated for specific purposes $ _____________________<br />
0.00<br />
7. Copies of the following documents are attached as required by law. They are current and up to date.<br />
Balance Sheet<br />
Income and Expense Statement<br />
Operating Budget<br />
<strong>Condominium</strong> Declaration<br />
Bylaws<br />
Rules and Regulations<br />
8. Are there any unsatisfied judgments against the Association yes ✔ no<br />
If yes, for what is the status: ______________________________________________________________________________<br />
9. Are there any pending law suits against the Association yes ✔ no<br />
If yes, for what is the status: ______________________________________________________________________________<br />
10. Does the Board or Association have knowledge of any alteration or improvement to this unit which may violate any provision of the<br />
declaration yes ✔ no<br />
If yes, for what is it: ______________________________________________________________________________<br />
11. Does the Association provide insurance coverage for the benefit of unit owner ✔ yes no<br />
If yes, by whom: **Contact Insurance Agent**<br />
Insurance Company: Auto Owners & U.S. Liability<br />
Broker: O'Connor Insurance Agency<br />
Agent: Karen Corrigan<br />
Address: 4110 Crescent Drive, St. Louis, MO 63129<br />
Telephone: (314) 434-0038<br />
12. Is the condominium project on leased land yes ✔ no<br />
If yes, remaining term is ______ years.<br />
13. Is a portion of the common elements leased to others yes ✔ no<br />
If yes, the remaining term is _____ years.<br />
This form was prepared by the undersigned who represents that he/she has the authority of the _________________________________<br />
Fern Ridge <strong>Condominium</strong> Association<br />
<strong>Condominium</strong> Association to make the statements contained in this form.
2. The Trustees have established the 2010 assessments as follows:<br />
$156.00 - 1 bathroom units<br />
$169.00 - 2 bathroom units<br />
COMMENTS ADDENDUM<br />
Please contact the insurance company directly with any questions regarding the policy or to request the declaration page.<br />
(r_ccrdfm153)<br />
Page 3 of 3
EXHIBIT D<br />
DECLARATION<br />
BYLAWS<br />
OF<br />
FERN RIDGE<br />
5NDOMINIUM ASSOCIATION,<br />
an Unincorporated Association<br />
under the Laws of the<br />
State of Missouri<br />
ARTICLE I.<br />
IDENTITY<br />
These are the Bylaws of Fern Ridge <strong>Condominium</strong><br />
Association, a Missouri unincorporated association (the "Association").<br />
For the purpose of these Bylawsi the terms specifically<br />
defined in the Declaration of <strong>Condominium</strong> of<br />
Fern Ridge<br />
<strong>Condominium</strong> (the "Declaration") or in Section 448 of the Missouri<br />
Revised Statutes (the "Act") and any laws amendatory thereof and<br />
supplemental thereto shall have the same herein.<br />
ARTICLE II.<br />
QU<br />
ALIFICATIONS<br />
RESCNSIZLITE5 OF MEERS<br />
The qualifications and responsibilities of members and the<br />
manner of their admission into the Association shall be as<br />
follows:<br />
2.1 Members: Each Unit Owner, by virtue of such ownership,<br />
shall be a member of this Association, and shall remain a<br />
member until such time as such ownership ceases for any reason.<br />
2.2 More Than One Unit Owner: When more than one person<br />
owns a Unit, all such Unit Owners shall be members of the Association.<br />
2.3 Registration: It shall be the duty of each Unit Owner<br />
AND<br />
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to register his name and the<br />
the Association. If a Unit Owner does<br />
Association shall have no duty or<br />
membership.<br />
2.4 Prohib<br />
Unit number with the Secretary of<br />
not so register, the<br />
obligation to recognize his<br />
ition of Assinrnent, etC. of Member Share in<br />
Funds of Association: The share of a member in the funds and<br />
assets of the Association cannot be assigned, pledged, encumbered,<br />
alienated or transferred in any manner<br />
to his Unit.<br />
ARTICLE III.<br />
MEMBERS' MEETING AND VOTING<br />
except as an appurtenance<br />
3.1 Place of Meeting: Meetings of the Association shall<br />
be held at the registered office<br />
suitable places within St. Louis<br />
the members, as may be<br />
Board.<br />
a year.<br />
of the Association, or such<br />
County,Missouri. convenient to<br />
designated from time to time by the<br />
3.2 Annual Meetinqs: The members shall meet at least once<br />
The annual meeting of the members<br />
second Wednesday in July in each year,<br />
such day shall be a legal holiday,<br />
shall be held on the<br />
commencing in 1985, and if<br />
then on the next secular day<br />
following, at such time and place as is specified by the President<br />
or Secretary in the notice of such meeting; provided, that the<br />
Board, from time to time, at any regular or special meeting, may<br />
designate a different day for the annual meeting.<br />
Except as<br />
otherwise provided in Article IV hereof, at each annual meeting<br />
the members shall elect a<br />
meeting and may transact any other<br />
Board to serve until the next annual<br />
-2-<br />
business authorized to be
07:A3 MIG/jlf 2/4/84<br />
transacted by the members.<br />
3.3 Soecial Meetings: special meetings of the members<br />
may be called at any time by the President or by the Executive<br />
Board, and must be called by the President upon receipt of a<br />
written request for a special meeting signed by at least twentyfive<br />
(25) members of the Association.<br />
No business shall be<br />
transacted at a special meeting except as stated in the notice<br />
thereof. such notice shall be in writing, shall be sent by United<br />
States mail to the addresses of their respective Units or to such<br />
other addresses as any member may have designated to the President<br />
or Secretary. and shall be mailed not less than twenty-one (21)<br />
days in advance of the annual or regularly scheduled meeting and<br />
at least seven (7) days in advance of any other meeting;<br />
provided,<br />
however, that such notice may be delivered personally to any<br />
member if not prohibited by the statutes of the State of Missouri.<br />
Proof of such mailing or delivery shall be given by the affidavit<br />
of the person mailing or delivering the notice.<br />
Notice of the<br />
meeting may be waived in writing by any member before or after<br />
such meeting.<br />
3.5 Attendance of Mortgagee at Meetings: Any mortgagee<br />
of a Unit may attend and participate in any general or special<br />
meeting. but shall have no vote unless granted by proxy.<br />
3.6 Quorum: A quorum at meetings of the members shall consist<br />
of members present, in person or by proxy, representing at<br />
least fifty percent (50%) of the total votes in the Association.<br />
3.7 Votina Power; Association Not to Vote: The voting<br />
3
07;A4 MIG/jif 2/4/84<br />
power of members shall be based upon the Units owned and the vote<br />
allocated to such Units by the Declaration. When more than one<br />
person is the owner of a Unit, the votes for that Unit shall be<br />
cast as the Unit Owners shall determine, but in no event shall<br />
more than the vote allocated by the Declaration to the Unit be<br />
voted. The votes allocated to a Unit shall not be split but<br />
shall be voted as a single whole. Notwithstanding anything<br />
herein to the contrary, the Association shall not be entitled to<br />
cast the votes allocated to any Unit owned by it during the<br />
period of its ownership.<br />
3.8 Manner of Casting Votes: A vote may be cast in person<br />
or by proxy. A proxy must be in writing, be signed by all<br />
owners of the Unit, the vote of which are subject to the proxy,<br />
be only to another member or a Security Holder in that Unit, and<br />
be filed with the Secretary before the meeting. A proxy shall be<br />
valid until revoked in writing by all owners of such Unit.<br />
3.9 Action by Members Without Meetinq:<br />
Any action required<br />
by law to be taken at a meeting of the members, or any<br />
action that may be taken at a meeting of the members, may be<br />
taken without a meeting if authorization in writing, setting<br />
forth the action taken is signed by two-thirds (2/3) of the<br />
members or as may otherwise be required by Missouri Statutes.<br />
3.10 Adiournment when Quorum Lacking: If a meeting cannot<br />
be organized because a quorum has not attended, the meeting shall<br />
be adjourned from time to time until a quorum is present.<br />
3.11 Manner of Acting: When a quorum is present at a<br />
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07:A5 MIG/jif 2/4/84<br />
meeting, any question brought before<br />
by a majority of the voting power<br />
unless express provisions of<br />
these Bylaws require a greater vote.<br />
3.149rder of<br />
the meeting shall be decided<br />
present in person or by proxy,<br />
applicable law, the Declaration, or<br />
3.12 Statement of Members and Votes: At the beginning of<br />
each meetingi the Secretary, or other person designated by the<br />
presiding officer, shall certify a statement<br />
listing all members<br />
present in person or by proxy at such meeting, the votes of each,<br />
and the total percentage of votes<br />
represented at the meeting.<br />
3.13 prohibition of Cumulative Voting: There shall be no<br />
cumulative voting.<br />
Busin<br />
order of business at the annual<br />
es at Annual and Other Zleetjnas<br />
The<br />
meetings of the members, and, so<br />
far as is applicable and practical at all other meetings of the<br />
members shall be:<br />
Certification of members and votes present.<br />
Calling of the roll.<br />
Cc) Proof of notice of meeting or waiver of notice.<br />
Cd)<br />
Approval of minutes from previous meetings.<br />
Ce)<br />
Cf)<br />
Reports of officers.<br />
Reports of committees.<br />
Appointment by presiding officer of judges of<br />
election.<br />
Election of Directors for the second and<br />
subsequent<br />
Boards.<br />
Ci)<br />
Unfinished business.<br />
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07:A6 MIG/jlf 2/4/84<br />
Ci) New business.<br />
(k)<br />
Adjournment<br />
The presiding officer may vary such order as the presiding<br />
officer deems necessary.<br />
ARTICLE IV.<br />
DIRECTORS<br />
4.1 First Board: The first Executive Board shall consist of<br />
the three (3) persons appointed by the Declarant, and successors<br />
to any thereof appointed by Declarant. Said first Executive Board<br />
and officers elected thereby shall serve until their successors<br />
have been duly elected and have qualified.<br />
4.2 Number of Qualifications of Directors: The Executive<br />
Board shall consist of three (3), five (5), or seven (7) natural<br />
persons, as determined from time to time by the members. Each<br />
Executive Board member ("DirectorTM): except those whom the Declarant<br />
is entitled to elect or appoint during the Declarant Control<br />
Period, shall be a Unit Owner. The first Director or successor<br />
elected by the Unit Owners shall serve until the expiration of<br />
Declarant Control. Upon termination of Declarant Control three (3)<br />
Directors shall be elected to serve, one for one year, one for two<br />
years and one for three years, thereafter all terms shall be for<br />
three years with not less than one Director nor more than one-third<br />
(1/3) of the Directors to be elected at each annual meeting.<br />
4.3 Election of Directors:<br />
(a) During Declarant Control Period: At the first<br />
annual meeting of the members, and at each subsequent annual<br />
meeting during the Declarant Control Period, the Directors shall<br />
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07:A7 MIG/jlf 2/4/84<br />
be elected by Declarant, or persons designated by Declarant;<br />
provided1 however, that no later than sixty (60) days after<br />
conveyance of twenty-five percent (25%) of the Units to Unit<br />
Owners other than Declarant, a regular or special meeting<br />
shall be held at which One Director who is a Unit Owner will<br />
be elected. Upon conveyance of fifty percent (50%) of the<br />
Units not less than one-third (1/3) of the Board will be<br />
elected by the Unit Owners, or, if the number of Directors<br />
is not evenly divisible by three (3), the next highest<br />
number thereof, shall be elected by the members other<br />
than<br />
Declarant, and the other Directors shall be elected by<br />
Declarant.<br />
After Declarant Control Period.<br />
Not later than the<br />
termination of the Declarant Control Period the Directors<br />
shall be elected by the members. In order to assure that<br />
Directors will be so elected, a regular or special meeting<br />
of the members shall be held prior to such termination,<br />
to<br />
elect, effective upon such termination, who shall become<br />
Directors upon such termination.<br />
Votes Required. Directors shall be elected by a<br />
majority vote. At each meeting at which there is to be an<br />
election of Directors, the members shall first adopt a resolution<br />
establishing the number of Directors to be elected<br />
at<br />
such meeting. In order to provide continuity on the Executive<br />
Board not more than one-third (1/3) of the Executive Board<br />
shall be replaced at any annual election except for cause.<br />
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07:AS MIG/jlf 2/4/84<br />
4.4 Term: The term of each Director<br />
election by the members shall be<br />
Directors' successor has been duly<br />
4.1 Ora on Mee:irc of Newly El.<br />
after the first annual<br />
for three years. and until that<br />
elected and has qualified.<br />
4.5 Removal: Any member of the Executive Board may be<br />
removed, with or without cause, by a<br />
to cast at least sixty-seven<br />
Association, at a special meeting<br />
successor may then and there<br />
for the balance of the<br />
has been duly elected and has<br />
any Director on the<br />
any subsequent Executive<br />
elected may be removed and<br />
time, only by act of Declarant,<br />
vote of the members entitled<br />
percent (67%) of the votes in the<br />
called for such purpose, and a<br />
be elected by the members to serve<br />
predecessor's term, and until his successor<br />
qualified; provided1 however, that<br />
first Executive Board, and any Director on<br />
Board, whom Declarant appointed or<br />
replaced at any time, and from time to<br />
and with or without cause.<br />
4.6 Vacancies: Any vacancy in the Executive Board arising<br />
out of the removal, death or<br />
resignation of a Director appointed<br />
or elected by Declarant shall be filled only by appointment made<br />
by Declarant. Any other vacancy in the Executive Board shall be<br />
filled by act of the remaining<br />
constitute a quorum, and a Director so<br />
Directors, whether or not they<br />
elected shall serve for<br />
the unexpired term of this predecessor in office, and until his<br />
successor has been duly elected and has qualified.<br />
anizati ected Board: The<br />
organization meeting of a newly elected<br />
held within ten (10) days of its<br />
as shall be fixed by<br />
Executive Board shall be<br />
election, at such time and place<br />
5uch Directors at the meeting at which they<br />
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07:A9 MIG/jlt 2/4/84<br />
were elected, and no further notice of<br />
such organization meeting<br />
shall be necessary, providing a quorum shall be present.<br />
4. Regular Meetings: Regular meetings of the Executive<br />
Board may be held at such time and place as shall be determined,<br />
from time to time, by a majority of the Directors.<br />
Notice of<br />
regular meetings shall be given to each Director, personally or<br />
by mail, telephone, or telegraph5 at least three (3) days prior<br />
to the day designated for such meeting, unless such notice is<br />
waived. All Board meetings shall be open to the members.<br />
4.9 Special Meetings: Special meetings of the Executive<br />
Board may be called by the President and must be called by the<br />
Secretary at the written request of two (2) Directors.<br />
Not less<br />
than three (3) days' notice of such special meeting shall be<br />
given personally or by mail, telephones or telegraph: provided1<br />
however, in case the President or any Director determines that an<br />
emergency exists, then a special meeting may be called by giving<br />
such notice as is possible under the circumstances. All notices<br />
of a special meeting shall state the time, place and purpose of<br />
such meeting. No business shall be transacted at a special<br />
meeting except as stated in the notice thereof.<br />
4.10 Waiver of Notice: Any director may waive, in writing,<br />
notice of a meeting, either regular or special, before or after<br />
such meeting, and such waiver shall be deemed equivalent to the<br />
giving of notice.<br />
4.11 Quorum: A majority of the Executive Board shall<br />
constitute a quorum for the transaction of business at any<br />
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meeting of the Executive Board.<br />
4.12 Adjournment When Quorum Lacking: If at any meeting<br />
of the Executive Board there shall be less than a quorum present1<br />
the majority of those present may adjourn the meeting from time<br />
to time until a quorum is present. At any such adjourned meeting<br />
any business that might have been transacted at the meeting as<br />
originally called may be transacted without further notice. It a<br />
Director signs the minutes of a meeting, such signing shall<br />
constitute the presence of such Director at that meeting for the<br />
purpose of determining a quorum.<br />
4.13 Manner of Acting: Each Director shall be entitled<br />
to one (1) vote, and the act of a majority of the Directors<br />
present at a meeting at which a quorum is present shall constitute<br />
the act of the Executive Board unless the act of a greater number<br />
is required by these Bylaws, the Declaration, or express provisions<br />
of applicable law.<br />
4.14 Executive Board Action Without Meeting: Any action<br />
required by law to be taken at a meeting of the Executive Board or<br />
any action that may be taken at a meeting of the Executive Board,<br />
may be taken without a meeting if a consent in writing, setting<br />
forth the action so taken, is signed by all Directors.<br />
4.15 PresidinQOfficer: The presiding officer at meetings<br />
of the Executive Board shall be the President. In his absence<br />
the Directors present shall designatE one of their number to<br />
preside.<br />
4.16 Coipensation cf Dlrector3 Restricted:<br />
Directors shall<br />
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07:All MIG/jlf 2/4j64<br />
receive no compensation for their<br />
out-of-pocket expenses incurred in the<br />
duties as Directors.<br />
services, but may be paid for<br />
performances of their<br />
4.17 Powers and Duties of Executive Board: All of the<br />
powers and duties of the Association shall be exercised by the<br />
Board, including those existing under the common law, applicable<br />
statutes, the Act, the Declaration,<br />
thereof may from time to time be amended.<br />
and these Bylaws, as any<br />
Such powers and duties<br />
shall be exercised in accordance with the provisions of applicable<br />
law, the Declaration, and Bylaws, and shall include, but not be<br />
limited to, the following:<br />
To elect the officers of the Association.<br />
To prepare and provide to members annually a report<br />
containing at least the following:<br />
A statement of any capital expenditUres in<br />
excess of two percent (2%) of the current<br />
budget or<br />
Five Thousand Dollars ($5,000.00), whichever is greater,<br />
anticipated by the Association during the current year<br />
or succeeding two (2) fiscal years.<br />
A statement of the status and amount of any reserve<br />
or replacement fund and any portion of the fund designated<br />
for any specified project by the Executive Board.<br />
A statement of the financial condition of<br />
the Association for the last fiscal year.<br />
A statement of the status of any pending suits<br />
or judgments to which the Association is a party.
07:Al2 MIG/jlf 2/4/84<br />
Cv)<br />
A statement of the insurance coverage provided<br />
by the Association.<br />
(vi)<br />
A statement of any unpaid assessments due and<br />
payable to the Association, identifying the Unit and the<br />
amount of the unpaid assessment.<br />
Cc)<br />
To adopt and amend budgets and to determine,<br />
establish, and collect assessments against members to pay<br />
the Common Expenses of the <strong>Condominium</strong>.<br />
Cd)<br />
To use the proceeds of assessments in the exercise<br />
of its powers and duties.<br />
Ce)<br />
Common Elements.<br />
To maintain, repairs replace, and operate the<br />
Ct)<br />
To restore, replace and repair improvements as<br />
provided in the Declaration.<br />
(g)<br />
To establish and amend rules and regulations and<br />
reasonable penalties for infraction thereof.<br />
Ch)<br />
To enforce the provisions of the Declaration, these<br />
Bylawss the Act, and the rules and regulations established<br />
by the Board or Associations including recovery of monetary<br />
penalties and injunctions and including purchase of Units,<br />
in the name of Association, at foreclosure or other judicial<br />
sale.<br />
Ci)<br />
To obtain and maintain insurance as provided in the<br />
Declaration. -<br />
Ci) To contract for management of the <strong>Condominium</strong> and<br />
to delegate to such manager such powers and duties as the<br />
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07:A13 MIG/jif 2/4/84<br />
Executive Board shall determine, except such as are<br />
specifically<br />
required by the Declaration, these Bylaws, or the Act,<br />
to be done by the Board or the members, provided that no such<br />
contract shall be entered into for a period exceeding one<br />
Cl) year and shall provide, at a minimum, that it shall be<br />
terminable by the Association, for cause, upon thirty (30)<br />
days written notice.<br />
(Ic)<br />
To employ personnel for reasonable compensation to<br />
perform the services required for proper administration of<br />
the Association and for proper care and maintenance of the<br />
Common Elements.<br />
(1) To pay all Common Expenses.<br />
(in)<br />
To contract for such services for the <strong>Condominium</strong><br />
as the Executive Board deems necessary or desirable.<br />
(n)<br />
To bring, prosecutes defend, settle and intervene<br />
in actions and lawsuits for and on behalf of itself, or on<br />
behalf of two (2) or more members, with respect to any cause<br />
of action relating to the <strong>Condominium</strong> the Common Elements or<br />
to more than one Unit. All costs and expenses incurred in<br />
connection with any such action or lawsuit, including<br />
settlement thereof, not paid by the opposing party or<br />
parties or the members benefited thereby, shall be a Common<br />
Expense.<br />
Co) To establish and dissolve and liquidate, from time<br />
to time, reserve accounts for any purpose.<br />
(p)<br />
To perform such other acts as may be delegated to<br />
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the Association or Executive<br />
the Declaration, these Bylaws, or<br />
Board by applicable statutes,<br />
the Act, and to perform<br />
such other acts as may be incident to or necessary<br />
performance of the foregoing.<br />
To borrow money for the repair, replacement.<br />
in the<br />
maintenance and reconstruction of Common Elements,<br />
and to<br />
pledge and pay assessments, and any and all other revenue<br />
and income for such purpose.<br />
To buy Units, in foreclosure of an assessment lien<br />
or at any other time or for any other reason and to sell,<br />
lease, mortgage, and otherwise deal in Units from time to<br />
time owned by the Association.<br />
To impose from time to time, and collect, reasonable<br />
rates, fees and charges for the use, rental or operation of<br />
recreational facilities, if any, and other amenities forming<br />
a part of the Common Elements, and the other Common Elements<br />
other than Limited Common Elements.<br />
Ct) To grant leases, licenses and concessions not to<br />
exceed one (1) year and utility easements through and over<br />
the Common Elements; provided however, that after conveyance<br />
to Unit Owners other than Declarant or an affiliate of<br />
Declarant of Units to which more than fifty percent (50%) of<br />
the voting power is allocated, the Association may by resolution<br />
of the members at a meeting duly called for such purpose<br />
grant leases, licenses and concessions in excess of one (1)<br />
year and easements through and over the Common Elements.<br />
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07:A15 MIG/jif 2/4/84<br />
(u)<br />
To impose and collect reasonable charges, including<br />
attorneys' fees, for the evaluation, preparation and recordation<br />
of amendments to the Declaration, preparation of resale<br />
certificates required by Section 448.4-109 of the Act, or<br />
statements of unpaid assessments.<br />
Cv)<br />
To provide for indemnification of the Association's<br />
officers and directors and maintain officers' and directors'<br />
liability insurance. (448.3-102 (13)).<br />
To assess against any Unit owner who fails or<br />
refuses to make any payment of the Common Expenses when due,<br />
the amount thereof, together with a late charge of Ten<br />
Dollars ($10.00) per month after the 10th day of the month<br />
in which the payment becomes due.<br />
To assess, after notice and an opportunity to<br />
heard, levy reasonable fines for violations of the Act,<br />
be<br />
the<br />
Declaration, these Bylaws, or the rules and regulations of<br />
the Association.<br />
To keep financial records sufficiently detailed to<br />
enable the Association to comply with Section 448.3-118 of<br />
the Act.<br />
ARTICLE V.<br />
OFFICERS<br />
5.1 Designation of Officers: The officers of this Association<br />
shall be a President, a Vice-President, a Secretary, an<br />
Assistant Secretary. and a Treasurer. Each officer, except the<br />
Assistant Secretary and except those who hold office pursuant<br />
to Section 5.3 beyond their term as Director, shall be a member<br />
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07:A16 MIG/jlf 2/4/84<br />
of the Executive Board. A person may hold one or more of such<br />
offfces at one time, except that the President shall not at the<br />
same time hold another office in the Association.<br />
5.2 Election of Officers: Each officer of the Association<br />
shall be elected at the organization meeting of the Executive<br />
Board as provided in Article IV hereof, except that the first<br />
Board of Directors shall elect its officers as soon as practicable<br />
after filing of the Declaration.<br />
5.3 Term: Each officer shall serve until the next meeting<br />
at which Directors are elected after the organization meeting at<br />
which he is elected, and until his successor has been duly<br />
elected and has qualified, except that the officers elected by<br />
the first Executive Board shall serve until their respective<br />
successors have been elected and qualified.<br />
5.4 Removal: Any officer may be removed, with or without<br />
cause, and without notice, by a majority vote of the Directors at<br />
any meeting of the Executive Board.<br />
5.5 Vacancy: Any vacancy in any office shall be filled<br />
by the Executive Board, and an officer elected to fill a vacancy<br />
shall serve for the unexpired term of his predecessor in office,<br />
and until his successor has been duly elected and has qualified.<br />
5.6 Powers and Duties of Officers:<br />
(a) President. The President shall be the chief<br />
executive officer of the Association. He shall have all of<br />
the powers and duties that are usually vested in the office<br />
of the President of a corporationi including, but not<br />
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07:A].7 MIG/jlf 2/4/84<br />
limited to, the duty to preside at all meetings of the Executive<br />
Board and of the members at which he is present, and<br />
the general supervision over other officers in the management<br />
of the business and affairs of the Association- He shall<br />
see that all actions and resolutions of the Executive Board<br />
are carried into effect.<br />
(b) VicePresident. The VicePresident shall perform<br />
such duties of the President as shall be assigned to him by<br />
the President, and in the absence of the President shall<br />
perform the duties and functions of the President.<br />
Cc) Secretary. The Secretary shall keep the minutes of<br />
all proceedings of the Directors and the members. He shall<br />
attend to the giving and serving of all notices required by<br />
law. He shall keep the records of the Association except<br />
those of the Treasurer, and shall perform all other duties<br />
incident to the office of a secretary of a corporations<br />
and as may be required by the Directors or the President.<br />
Cd) Assistant SecretarY. The Assistant Secretary shall<br />
perform such duties of the Secretary as shall be assigned to<br />
him by the Secretary or President, and in the absence of the<br />
Secretary shall perform the duties and functions of the<br />
Secretary.<br />
Ce) Treasurer. The Treasurer shall have custody of all<br />
intangible property of the Association, including funds,<br />
securities and evidences of indebtedness. Me shall keep the<br />
books of the Association in accordance with good accounting<br />
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practices and principles, and shall submit them, together<br />
with all his vouchers, receipts. records, and other papers<br />
to the Directors for their examination and approval, as<br />
often as they may require. He shall deposit all moneys and<br />
other valuable effects in the name of or to the credit of<br />
the Association in such depositories as may be designated<br />
from time to time by the Executive Board, shall disburse the<br />
funds of the Association as ordered by the Executive Board,<br />
and shall perform all other duties incident to the office of<br />
a treasurer of a corporation. If a managing agent or<br />
manager be employed, the Executive Board may designate<br />
some or all of the foregoing functions to be entrusted to<br />
him or it, subject to overseeing control by the Treasurer.<br />
5.7 Execution of Agreements. etc.: All agreements. contracts,<br />
deeds, mortgages. or other instruments shall be executed<br />
by any two (2) officers, or by such other person or persons as<br />
may be designated from time to time by the Executive Board.<br />
5.8 Compensation of Officers Restricted: No officer of<br />
the corporation shall receive compensation for his services in<br />
such capacity, but may be reimbursed for outofpocket expenses<br />
incurred in performing his duties.<br />
5.9 Additional Officers: The Executive Board may from time<br />
to time elect such other officers and designate their powers and<br />
duties as it, in its discretion, shall find to be required or<br />
desirable to manage the affairs of the Association. Such additional<br />
officers need not be Directors, but must be members of the
O7Al9 MIG/jIf 2/4/84<br />
Association.<br />
AR TICLE VI. DIRE CTORS ' AND OFFICERS' INDEMNITY<br />
The Association shall indemnify<br />
expenses and liabilities, in<br />
such manner, under such circumstances,<br />
and to such extent, as<br />
such persons, for such<br />
permitted by Section 448.3-102<br />
(13) of the Act, as now enacted or hereafter amended.<br />
ARTICLE VII.<br />
FISCAL MANAGEMENT<br />
7.1 Depository: The depository of the moneys of the<br />
Association shall be such bank or banks as<br />
from time to time<br />
shall be designated by the Executive Board. Withdrawal of<br />
moneys from such depository<br />
any two (2) officers of<br />
shall be only by checks signed by<br />
the Association, or any other persons<br />
as may from time to time be authorized by the Executive<br />
Board.<br />
7.2 Records of Association: The books, accounts, and<br />
records of the Association shall be open to<br />
inspection and<br />
examination by any member of the Association and any Security<br />
Holder at all, reasonable times.<br />
7.3 Fidelity Bonds: Fidelity bonds shall be required by<br />
the Executive Board in accordance with the<br />
Declaration.<br />
Expense.<br />
provisions of the<br />
The premiums on such bonds shall be a Common<br />
7.4 Payment Vouchers: Payment Vouchers shall be approved<br />
by the Executive Board unless such authority to approve the<br />
same has been delegated to any<br />
Executive Board.<br />
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officer or manager by the<br />
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07:A20 MIG/jlf 2/4/84<br />
7.5 Fiscal Year: The fiscal year of the Association<br />
shall be the calendar year: provided that the Directors, from<br />
time to time, by resolution, may change the fiscal year to<br />
some other designated period.<br />
ARTICLE VIII. ASSESSMENTS<br />
B.). Obliqation f Member3 to Pay Ase ssments Amount of<br />
Levy: Until the Association levies a Common Expense assessment,<br />
Declarant shall pay all accrued expenses of the <strong>Condominium</strong>.<br />
Thereafter, each Unit Owner shall be severally liable for the<br />
Common Expense that are levied against his Unit while a Unit<br />
Owner.<br />
Each Unit shall be assessed in accordance with that<br />
Unit's Allocated Interest.<br />
8.2 Allocation o Common Surplus: Any common surplus<br />
shall be allocated to each Unit in accordance with its Allocated<br />
Interest, and shall be owned by the Unit Owner of that Unit<br />
and credited against that Unit's proportionate share of Common<br />
Expenses subsequently assessed.<br />
8.3 PreDaratiori Sudcet arid Lvyinc of Aase5Tent:<br />
least once each fiscal year, beginning with the fiscal year<br />
beginning January 1, 1985, the Executive Board shall prepare<br />
and adopt a budget for that fiscal year, including therein<br />
estimates of the amount necessary to pay the Common Expenses<br />
together with amounts considered necessary by the Executive<br />
Board for reserves. After preparation and adoption of each<br />
such budget, the Executive Board shall provide each member<br />
with a copy and shall give each member notice of the assessment<br />
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At
07:A2l MIG/jlf 2/4/84<br />
made against that member's Unit based upon<br />
the interest to be charged on delinquent<br />
The assessment shall be deemed levied upon<br />
such budget and of<br />
payments thereof.<br />
the giving of such<br />
notice; provided, however, that the first budget after creation<br />
of the <strong>Condominium</strong> shall be prepared and adopted by the first<br />
Executive Board only for the balance of the then fiscal year<br />
of the Association, shall be prepared and adopted as soon as<br />
practicable after such creation, and notice of the amount of<br />
the assessment against each Unit for<br />
such balance of the<br />
fiscal year shall be given by the Executive Board or<br />
to each member as soon as<br />
Declarant<br />
practicable after adoption of such<br />
assessment and shall be deemed levied upon notice thereof<br />
given by the Executive Board or Declarant, and shall<br />
provided in Section 8.5 hereof.<br />
No capital improvement over Two Thousand<br />
be due as<br />
Five Rundred<br />
Dollars ($2,500.00) or increase in the annual assessment by<br />
the Executive Board in any one year of over<br />
10% above the<br />
previous years assessment plus the amount of any increased<br />
Real Estate Tax assessment may be made without the consent of<br />
at least sixty-seven (67) percent of the Units.<br />
8.4 Assessment A Lien: Every assessment shall constitute<br />
a lien upon each Unit assessed from the date the assessment is<br />
levied prior to all other liens except only Ci) tax liens,<br />
including special assessments, in favor of any taxing or<br />
assessing authority, (ii) all sums unpaid on any First Mortgage<br />
against the Unit, and (iii) liens and encumbrances recorded<br />
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07:A22 MIG/jif 2/4/84<br />
recorded before the recordation of the Declaration.<br />
8.5 Payment of Assessments: Assessments shall be<br />
payable when notice thereof is given.<br />
quent if paid at the times<br />
Executive Board in each such notice.<br />
are specified. 1/12th of<br />
Reserve Fend for Replacements.<br />
but shall not be delin-<<br />
and in the amounts specified by the<br />
If no times and amounts<br />
the assessment shall be paid on or<br />
before the first day of each month of the fiscal year of the<br />
Association.<br />
Payment shall be made to the Association, or as<br />
the Executive Board may from time to<br />
time otherwise direct.<br />
8.6 Lien After Foreclosure: When ownership of a unit is<br />
transferred by foreclosure, under<br />
the remedies provided in any<br />
Deed of Trust the lien of any unpaid assessments as to the<br />
Unit shall be discharged and paid by the mortgagee. The Unit<br />
and Unit Owner acquiring title<br />
a Deed of Trust shall be<br />
under the remedies provided in<br />
subject only to the lien of assessments<br />
which become due after such transfer of title. Nothing in<br />
this paragraph shall be construed as a<br />
waiver or release of<br />
the obligation of the former owner to pay the delinquent<br />
assessments.<br />
8.7 Maintenance Fund and Reserves: All sums collected<br />
by the Association from assessments shall be accounted for as<br />
follows:<br />
(a)<br />
To this fund<br />
shall be credited all sums collected or set aside for the<br />
purpose of effecting replacements of structural elements,<br />
and other Common Elements of the <strong>Condominium</strong>.<br />
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07:A23 MIG/jif 2/4/84<br />
(b)<br />
General ODeratinc Reserve Fund.<br />
To this fund<br />
shall be credited all sums collected to provide a reserve<br />
for purpose of providing a measure of financial stability<br />
during periods of special stress, and may be used to meet<br />
deficiencies from time to time as a result of<br />
delinquent<br />
payments of assessments and other contingencies.<br />
- (c) Maintenance Fund. To this fund shall be<br />
credited collections of assessments for all Common<br />
Expenses for the current year as well as common profits<br />
and surplus from the previous year, and not to be credited<br />
to either of the above reserve funds;<br />
provided that if<br />
this <strong>Condominium</strong> shall be located in the unincorporated<br />
area of St. Louis County, Missouri, a sum equal to two<br />
percent (2%) of the amount allocated to the maintenance<br />
fund shall be reserved for the repair, operation and<br />
maintenance of storm water control easements, including<br />
all underground and aboveground facility pipes used in<br />
connection therewith and access easements to such<br />
storm water control easements.<br />
The reserve fund for replacements shall be established by the<br />
Executive Board and shall be funded by regular installments<br />
rather than by extraordinary special assessments.<br />
The reserve<br />
funds described above shall be maintained only in such amounts<br />
as deemed necessary or desirable by the Executive Board,<br />
subject, however, to the preceding sentence.<br />
To the extent<br />
maintained, funds therein shall be held in such accounts and<br />
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'B:03 MIG/jtf 2/4/84<br />
with such depositories as the Executive Board, in its discretion,<br />
selects.<br />
8.8 Special Assessments: In addition to the assessments<br />
levied as provided in Section 8.3, the Executive Board, in its<br />
discretion, may levy special assessments at such other and<br />
additional times as in its judgment are required for:<br />
Pair and Mai<br />
ce of Common E1eien<br />
Re ntenan s and<br />
<strong>Condominium</strong>s.<br />
Maintenance, repair and restoration of the<br />
Common Elements, and operation of the <strong>Condominium</strong>.<br />
ALterationS, Improvements and Additions to<br />
Common Elements.<br />
Alterations, improvements, and additions<br />
to the Common Elements; provided, however, that any such<br />
special assessment involving the expenditure of Five<br />
Thousand Dollars ($5,000.00) or more shall be first<br />
approved by the voting members of the Association representing<br />
at least sixtyseven (67%) percent of the total<br />
votes in the Association, at a special meeting called for<br />
such purpose.<br />
Curinq of Member's Default.<br />
Costs and expenses<br />
incurred in curing defaults of a member pursuant to<br />
Section 12 hereof.<br />
Special assessments made pursuant to this Section shall<br />
be deemed levied upon notice thereof being given to the<br />
members subject to<br />
such special assessment, and shall be<br />
payable as determined by the Executive Board and as set out in<br />
such notice.<br />
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07:A24 MIG/jlf 2/4/84<br />
iated<br />
8.9 Common Expenses Assoc W<br />
ith Limited Common Elements<br />
or Benefiting Less Than All Units: Any Common Expense associated<br />
with the maintenance, repair or replacement of a Limited<br />
Common Element shall be assessed against the Unit, or in equal<br />
shares to the Units, to which such Limited Common Element was<br />
allocated at the time the expense was incurred; provided that<br />
maintenance of parking spaces assigned as a Limited Common<br />
Element shall be considered a Common Expense Liability for the<br />
entire Codominium. In addition, the Association may assess any<br />
Common Expense benefiting less than all of the Units against<br />
the Units benefited in proportion to their Allocated Interest.<br />
8.10 Failure to Prepare B<br />
udoet arid Levy Annual Assessments<br />
Deficiencies in Procedure: The failure of the Executive Board to<br />
prepare or delay of the Executive Board in preparing any budget,<br />
and to levy or in levying assessments, shall not constitute a<br />
waiver or release of the members' obligation to pay assessments<br />
whenever the same shall be determined and levied by the Executive<br />
Board.<br />
Until a new assessment is levied by the Executive<br />
Board<br />
pursuant to Section 8.3 each member shall continue to pay the<br />
assessment previously levied pursuant to Section 8.3 in the same<br />
amount and at the same periodic times as levied, or as the<br />
Executive Board may otherwise advise in writing. Also , any<br />
deficiencies or inadequacies in the procedure followed by the<br />
Executive Board in levying an assessment shall not in any way<br />
affect its validity or the obligation of members to pay such<br />
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07:A25 MIG/jlf 2/4/84<br />
assessment.<br />
8.11 Assessment Roll: Statement:<br />
set forth upon a roll of the<br />
the office of the Association<br />
8.12 Default and nforceent:<br />
All assessments shall be<br />
Units, which shall be available in<br />
for inspection at all reasonable<br />
times by members and Security Holders, and their duly authorized<br />
representatives. Such roll shall include, for each Unit, the<br />
name and address of the<br />
member or members, all assessments<br />
levied, and the amount of all assessments unpaid. The Association,<br />
upon written request, shall furnish to a Unit Owner, or his<br />
authorized agent, a recordable<br />
amount of unpaid assessments<br />
The statement shall be furnished<br />
after receipt of the request and<br />
Association and all Unit Owners.<br />
fee may be charged by the<br />
statement setting forth the<br />
currently levied against his Unit.<br />
within ten (10) business days<br />
shall be binding upon the<br />
Executive Board.<br />
installment thereof, remains delinquent<br />
For such statement a reasonable<br />
If any assessment, or<br />
for ten (10) days, then<br />
that assessment, and all other assessments then a lien against<br />
that Unit, may be declared by the Executive Board to be immediately<br />
due and payable in full, with<br />
and may be foreclosed by the<br />
Section 448.3-116 of the Act.<br />
interest, without further notice,<br />
Association in the manner provided by<br />
8.13 Interest on Delinquent Assessments: Assessments, or<br />
installments thereof, paid before<br />
they become delinquent shall<br />
not bear interest. All delinquent assessments in addition to the<br />
late charges provided in<br />
Article 4.17(w) shall bear interest at<br />
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07:A26 MIG/jif 2/4/84<br />
the rate set forth in the notice levying the assessment, not<br />
exceeding the rate of interest allowed by<br />
ARTICLE IX. SUBDIVISXON , CONVERSION1 RELOCATION<br />
ANC ALTERATION OF UNITS<br />
ARTICLE X. COMPLIANCE, ENFORCEMENT,<br />
FINES AND PENALTIES<br />
the Act, (18%) from<br />
the date delinquent until paid. (Section 448.3-115.2) All<br />
payments upon account shall be applied<br />
first to interest and<br />
then to the assessment, or installment thereof, longest delinquent.<br />
8.14 Rates, Fees and Charges: All rates, fees, charges,<br />
fines and penalties imposed by the Executive<br />
from, any member or Unit may be<br />
assessment.<br />
Board against, or due<br />
collected and enforced as an<br />
9.1 Prohibition: No Unit Owner may subdivide or convert,<br />
relocate the boundaries of, or alter, his Unit.<br />
10.1 Compliance: Each Unit Owner, Occupant and Security<br />
Bolder, shall be governed by and shall comply with the terms,<br />
conditions, obligations, and provisions of the Act, the Declaration,<br />
the Articles, these Bylaws, and the<br />
rules and regulationst as the<br />
same may be amended from time to time.<br />
10.2 Default and Remedies. A default in or failure to comply<br />
with any of the terms, conditions,<br />
of the Act, the Declaration, these Bylaws, or the<br />
obligations, and provisions<br />
rules and<br />
regulations, as the same may be amended from time to time, by any<br />
Unit Owner or Occupant, shall be grounds for relief that may<br />
include, without intending to limit the same or to<br />
constitute an<br />
election of remedies, an action to recover fines and penalties for<br />
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07:A27 MIG/jlf 2/4/84<br />
such default or failure as<br />
due for damages, an injunction, or<br />
which relief may be sought by the<br />
by any one or more aggrieved<br />
determined by the Executive Board, sums<br />
any combination thereof, and<br />
10.3 Notice of Default and Failure to Cur.<br />
I emedy f in Addition to Other Remedies;<br />
Association or, if appropriate,<br />
members, or both.<br />
Also, if any member<br />
fails to perform any obligation under the Act, the Declaration.<br />
these Bylaws. or such rules and regulations then the Association<br />
may, but is not obligated to, perform the same for<br />
the member's<br />
account, and for such purpose may enter upon his Unit, may make<br />
necessary repairs, advance expenses or other sums necessary to<br />
cure the default, and<br />
for such expenses and costs may levy a special<br />
assessment against the Unit owned by such defaulting member.<br />
of any such default or failure, the<br />
serve upon or mail to the<br />
that member's Unit, a written<br />
default, the cure thereof, and the<br />
shall be effected.<br />
notice, the defaulting member may cure<br />
0.4 R Abatement<br />
In the event a member fails to effect<br />
In the event<br />
Executive Board shall promptly<br />
defaulting member, and each Mortgagee of<br />
notice specifying the nature of the<br />
time within which the cure<br />
Within the time limit specified in the<br />
Executive Board in the notice of default,<br />
in such notice, where the default<br />
the default specified.<br />
the cure specified by the<br />
within the time specified<br />
is a structure, thing, or<br />
condition existing in or on the premises of the member's Unit. the<br />
Board, or its duly authorized<br />
upon obtaining an order from a<br />
enter upon the premises of the<br />
- 28 -<br />
representative, shall have the right<br />
court of competent jurisdiction to<br />
member's Unit in which, on which,
07:A28 MIG/jlf a/4/84<br />
or as to which, such default exists, and to abate and remove at<br />
the defaulting member's expense<br />
the structure, things or condition<br />
the Executive Board, the Association,<br />
10.5 Secover of Attorneyst Fees 8nd Cos<br />
(and levy an assessment therefor),<br />
constituting the default, and<br />
and their agents, employees,<br />
and representatives shall not thereby be deemed guilty of any<br />
manner of trespass.<br />
ts:<br />
In any proceeding<br />
arising because of an alleged default by a member, the prevailing<br />
party shall be entitled to recover the costs of such proceeding<br />
and such reasonable attorneys' fees as may be allowed by the<br />
courts with interest thereon at eight percent (8%) per annum from<br />
the dates such costs are incurred until paid.<br />
10.6 Nonwaiver of Covenants: The failure of the Association<br />
or of any member thereof to enforce any term, provision, right,<br />
covenant, or condition that may be<br />
these Bylaws, the rules and regulations<br />
may from time to time be amended,<br />
granted by the Declaration,<br />
of the Act, as the same<br />
shall not constitute a waiver<br />
or abrogation of the right of the Association or a member to<br />
enforce such term, provisions rights covenant, or<br />
futures irrespectivce of the number of<br />
thereof that may have occurred.<br />
condition in the<br />
violations or breaches<br />
10.7 Assessment Lien: Assessment liens shall be enforced<br />
pursuant to Article VIII hereof and not pursuant to this Article X.<br />
ARTICLE XI.<br />
AMENDMENT<br />
An amendment to these Bylaws shall be made and approved in<br />
the manner set forth in Section 448.2-117 of the Act by the Units,<br />
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07:A29 MIG/jlf 2/4/84<br />
and once made, shall become effective<br />
manner and place as an amendment<br />
ARTICLE XII.<br />
GENERAL PROVISIONS<br />
when recorded in the same<br />
to the Declaration.<br />
12.1 Rules and Regulations: The Executive Board may promulgate<br />
from time to time such rules<br />
reasonable and necessary governing the<br />
and regulations as it deems<br />
operationi and use of the Common Elements so as to<br />
administration, management,<br />
promote the<br />
common use and enjoyment thereof by Unit Owners and Occupants and<br />
for the protection and preservation thereof.<br />
In addition the Executive Board may<br />
regulations as it deems reasonable and necessary<br />
adopt such rules and<br />
with respect to<br />
Units to provide for the common good and enjoyment of all Unit<br />
Owners and Occupants, including:<br />
without limitation, the right to<br />
adopt such rules and regulations with reference to children,<br />
animals and leases.<br />
time establish penalties for infraction<br />
of such rules and regulations.<br />
Also, the Executive Board may from time to<br />
Copies of all such rules and regulations and any amendments<br />
thereto shall be furnished to all members, and a copy shall be<br />
posted or otherwise made available to members at<br />
the office of the<br />
Association. However, failure to furnish or post such rules or<br />
regulations shall not affect in any way their validity or enforceability.<br />
Any such rule or regulation adopted by the Executive<br />
Board may be amended, modified, or<br />
rules and regulations may be adopted,<br />
or special meeting of the members.<br />
shall control over any contrary<br />
- 30 -<br />
revoked, and new and additional<br />
by the members at an annual<br />
Any such act of the members<br />
rule or regulation then or thereafter
07:A30 MIG/jlf 2/4/84<br />
adopted by the Board. All rules and regulations shall be equally<br />
and uniformly applicable to all Unit Owners, Occupants and Units,<br />
but need not be equally uniformly applicable if it is determined<br />
that such unequal or nonuniform application is in the best interest<br />
of the Association or if equal and inifor application is not<br />
pra cticable.<br />
12.2 Parliamentary Authority: Robert's Rules of Order,<br />
Newly Revised, shall goven the conduct of Association proceedings<br />
when not in conflict with the Declaration, these Bylaws, the Act<br />
or any statutes of the State of Missouri applicable thereto. The<br />
chairman of the meeting shall have the authority to appoint a<br />
parliamentarian if he deems it necessary.<br />
12.3 Compliance with the Act: Conflict: Severability:<br />
These Bylaws are established in compliance with the Act. Should<br />
any of the terms, conditions, provisions paragraphs, or clauses<br />
of these Bylaws conflict with any of the provisions of said Act,<br />
the provisions of said Act shall control. In the case of any<br />
conflict between the provisions of these Bylaws and the Declaration,<br />
the Declaration shall control.<br />
If any such term, provisions limitation, paragraph or clause<br />
of these Bylaws or the application thereof to any person or<br />
circumstance, is judicially held to be invalid, such determination<br />
shall not affect the enforceabilitys validity, or effect of the<br />
remainder of these Bylaws<br />
or the application thereof to any<br />
other person or circumstance.<br />
12.4 Interpretation of Bylaws: Whenever appropriate the<br />
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07:301 M1G/jlf 2/4/84<br />
singular number may be read as the plural: and the plural may be<br />
read as the singular. The masculine gender may be read as the<br />
feminine gender or as the neuter gender. Compound words beginning<br />
with the prefix here" shall be read as referring to this entire<br />
set of Bylaws and not merely to the part of it in which they<br />
appear.<br />
The undersigned, the duly elected and acting Secretary<br />
of the Association, hereby certifies that the foregoing Bylaws<br />
have been duly adopted by the Association, and are in full force<br />
and effect as of the date hereof.<br />
FERN RIDGE<br />
CONDOMINIUM ASSOCIATION<br />
By<br />
Benton Taylor<br />
Secretary<br />
Dated:<br />
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07:302 MIG/jlf 2/4/84<br />
EXHIBIT £<br />
ST. LOUIS COUNTY, MISSOURI, ADDENDUM<br />
The Association and its Executive Board and Unit<br />
Owners shall comply with all lawful ordinances, rules and<br />
regulations of St. Louis County, Missouri, or any municipality<br />
of which the Property may subsequently become a part, including,<br />
but not limited to, those affecting maintenance of private<br />
roadways, islands, sidewalks, street lights, open areas and<br />
recreational facilities and drainage facilities.<br />
No above-ground structure other than required street<br />
lights may be erected within a cul-de-sac, divided street,<br />
entry way, island or median strip without written approval of<br />
St. Louis County Department of Highways & Traffic.<br />
Where the provisions of this Declaration and Bylaws<br />
cannot be fulfilled by reason of unfilled vacancies among the<br />
Executive Board, the County Council may, upon the petition of<br />
any concerned Unit Owner of the <strong>Condominium</strong>, appoint one or<br />
more Directors to fill vacancies until such time as Directors<br />
are selected in accordance with this Declaration and Bylaws.<br />
Any person so appointed who is not a Unit Owner shall be<br />
allowed a reasonable fee for his services by the order of<br />
appointments which fee shall be realized as a Common Liability<br />
Expense of the <strong>Condominium</strong> and which shall not be subject to<br />
any limitations on special assessments contained in this<br />
Declaration and Bylaws or elsewhere.
Recorded 3-19-84, St. Louis County<br />
Book 7596, Page 1539<br />
Plat Book 226, Page 19<br />
EXHIBIT 1<br />
DECLARATION OF CONDOMINIUM AND BYLAWS<br />
FERN RIDGE<br />
OF<br />
CONDOMINIUM<br />
THIS DECLARATION, is hereby made and executed by TAYLOR-<br />
MORLEY-SIMON, INC., a Missouri corporations<br />
to as "Declarant").<br />
WITNESSETH:<br />
WHEREAS, Declarant is the owner in fee simple<br />
(hereinafter referred<br />
of property<br />
(the "Property") situated in St. Louis County, Missouri, described<br />
as follows:<br />
'A complete legal description of the Property<br />
and incorporated herein by reference and<br />
"A".A Plat of the <strong>Condominium</strong> is attached and<br />
by reference and marked as Exhibit<br />
"B."<br />
is attached<br />
marked as Exhibit<br />
incorporated<br />
WHEREAS, Declarant intends that the Property5 together with<br />
all buildings, improvements and appurtenances<br />
hereafter located thereon, including<br />
condominiums, and all other facilities<br />
provisions of the Uniform <strong>Condominium</strong><br />
of Missouri, as contained in Chapter<br />
Revised Statutes.<br />
NOW THEREFORE, the Declarant<br />
ARTICLE I.<br />
of whatsoever kind<br />
buildings divided into<br />
shall be submitted to the<br />
Property Act of the State<br />
448 thereof, Missouri<br />
declares as follows:<br />
DEFINITIONS<br />
The following terms, as used herein or<br />
condominium documents relating to<br />
Fern Ridge<br />
CONDOMINIUM unless otherwise provided, are<br />
elsewhere in any<br />
defined<br />
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''A2 MIG/jlf 3/14/84<br />
1.1 Act: The Uniform <strong>Condominium</strong> Act, Chapter 448 of the<br />
laws of the State of Missouri, 1983.<br />
1.2 Allocated Interest: The interest of each Unit Owner<br />
in the aggregate in interest of the undivided ownership of the<br />
Common Elements and Common Expense Liability, the percentage<br />
interest attributed to each being set forth in Exhibit "C"<br />
annexed hereto and incorporated herein by this reference, determined<br />
on the basis of the ratio of the size of each unit to the<br />
total square footage of all units of the <strong>Condominium</strong>. The<br />
percentage so assigned may be changed as a result of increase or<br />
decrease in the number of units or by adding additional property<br />
to the <strong>Condominium</strong>.<br />
1.3 Association: The Unit Owners Association shall be an<br />
unincorporated association or such other entity as subsequently<br />
authorized by the Unit Owners as provided in Section 448.3-101 of<br />
the Act.<br />
1.4 Bylaws: The Bylaws of the Association annexed hereto as<br />
Exhibit "D" and incorporated herein by this reference.<br />
1.5 Common Elements: All portions of the <strong>Condominium</strong> other<br />
than the units as defined in the Declaration.<br />
1.6 Common Expenses: Expenditures made by or financial<br />
liabilities of the Association, together with any allocations to<br />
reserves<br />
1.7 Common Expense Liability: That portion of the cost of<br />
maintaining, repairing and managing the Property including Limited<br />
Common Elements which is to be paid by each Unit Owner, the<br />
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'A3 MIG/jlf 2/4/84<br />
percentage of such cost to be paid by each being the Allocated<br />
Interest attributed to each Unit.<br />
The percentage so<br />
assigned may be changed as a result of an increase or<br />
decrease in the number of units contained in the <strong>Condominium</strong>.<br />
1.8 <strong>Condominium</strong>: Real estate, portions of which are designated<br />
for separate ownership and the remainder of which is<br />
designated for common ownership solely by the owners of those<br />
portions.<br />
1.9 Declarant: Taylor-Morley-Simon. Inc. or its successors<br />
or assigns.<br />
1.10 Declaration: This instrument by which the Property<br />
is submitted to the provisions of Chapter 448, Missouri Statutes,<br />
as hereinafter provided1 and by such Declaration as from time to<br />
time amended.<br />
l.]4_Declarant Control Period: Subject to provisions set<br />
forth in Section 11.1, the period commencing on the date hereof<br />
and continuing until the earlier of (i) the date two (2) years<br />
after the date of the first conveyance of a unit to a Unit<br />
Owner other than a Declarant, or (ii) the date upon which Declarant<br />
surrenders control of the <strong>Condominium</strong>, or Ciii) the date sixty<br />
(60) days after the Declarant has conveyed seventy-five percent<br />
(75%) of the units to Unit Owners other than a Declarant. Within<br />
sixty (60) days after the conveyance of twenty five percent (25%)<br />
of the units, not less than one member of<br />
the Executive Board<br />
shall be elected by the Unit Owners other than the Declarant.<br />
Upon conveyance of fifty percent<br />
-3-<br />
(50%) of the Units, not less
'A4 MIG/jlf 2/4/84<br />
than one-third (1/3) of the Executive Board shall be elected by<br />
the Unit Owners other than the Declarant.<br />
1.12 Development Rights: The right, or combination of<br />
rights reserved by the Declarant to add real estate to the<br />
<strong>Condominium</strong>; to create units, common elements, or limited common<br />
elements within a <strong>Condominium</strong>; to subdivide units or convert<br />
units into common elements; or to withdraw the Property or any<br />
part thereof from the <strong>Condominium</strong>.<br />
1.13 Executive Board: The Board of Directors of the<br />
Association authorized to act on behalf of the Association.<br />
1.14 Limited Common Elements: Any shutters, awnings, window<br />
boxes, doorsteps, stoops, porches, balconies,<br />
patios and all<br />
exterior doors and windows or other fixtures designed to serve a<br />
single Unit, storage areas located in Buildings Nos. 1, 2, 6 and 8,<br />
parking spaces, if any, assigned under Section 15.14 of this<br />
Declaration, but located outside the Unit's boundaries, are<br />
Limited Common Elements allocated exclusively to that Unit.<br />
1.15 Majority of the Unit Owners: Means the owners of<br />
more than fifty percent (50%)<br />
in the aggregate of interest of all<br />
the Allocated Interests.<br />
1.16 Parcel: Means the Property and any additional property<br />
added by subsequent amendment to the Declaration, submitted to<br />
the provisions of the Act.<br />
1.17 Person: Means a natural individual, corporation,<br />
partnerships trustee or other legal entity capable of holding<br />
title to real property.<br />
1.18 Plat: Means each and every plat of survey of the Pro-<br />
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'A5 MIG/jif 2/4/84<br />
perty and all Units in the Property submitted to the provisions<br />
of chapter 448, Missouri Statutes, which may<br />
consist of a threedimensional<br />
horizontal and vertical delineation of all such<br />
Units, and shall include any additional portions of the Property<br />
added by subsequent amendment.<br />
1.19 Property: Means all the land, property and space,<br />
all improvements and structures erected,<br />
constructed or contained<br />
therein or thereon, including the buildings and all easements,<br />
rights and appurtenances belonging thereto, and all fixtures and<br />
equipment intended for the mutual use, benefit or enjoyment of<br />
the Unit Owners, submitted to the provisions<br />
of the Act and<br />
described in Exhibit "A" attached hereto.<br />
The Property includes<br />
Units, Common Elements and Limited common Elements, if any.<br />
1.20 Record: Means to record in the office of the Recorder<br />
of Deeds of St. Louis County , Missouri, wherein the<br />
Property is located.<br />
1.21 Unit: A portion of the condominium consisting of one<br />
Unit. Each Unit is designated and delineated on the Plat, and<br />
is designated by this Declaration for separate ownership. The<br />
boundaries of each Unit, both as to vertical and horizontal<br />
planes, are shown on the flat, are the undecorated surfaces<br />
of the perimeter walls facing the interior of the Unit, the<br />
undecorated surfaces of the ceiling facing the interior of the<br />
Unit, and the top most surfaces of the subflooring, and includes<br />
the decoration on the surfaces of such perimeter walls, ceilings<br />
and subflooring, including1 without limitation, all paneling,<br />
tiles, wallpaper. paint, finished flooring and any other materials<br />
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0
'A6 MIG/jlf 2/4/84<br />
constituting any part of the decorated<br />
includes all spaces, interior<br />
improvements within such boundaries.<br />
ARTICLE<br />
surfaces thereof, and also<br />
partitions and other fixtures and<br />
1.22 Unit Owner: The person or persons. individually or<br />
collectively, who have taken fee simple ownership of a Unit. A<br />
person is defined as a natural person1<br />
or other legal entity<br />
partnerships corporations<br />
capable of holding title to real property.<br />
1.23 Votes: Each Unit shall have one (1) vote to be<br />
exercised as provided in the Declaration and Bylaws.<br />
1.24 Special Deciarant Rights: Means rights reserved for<br />
the benefit of the Declarant to complete improvements indicated<br />
on Plat and plans filed with<br />
Development Rights: to maintain sales<br />
signs advertising the <strong>Condominium</strong>, and<br />
through the Common Elements for the purpose<br />
of making improvements<br />
within the <strong>Condominium</strong> or<br />
added to the <strong>Condominium</strong>: to make the<br />
master association; or to appoint or remove<br />
Association or any master association, or any<br />
member during the Declarant Control<br />
II.<br />
this Declaration; to exercise any<br />
offices, management offices,<br />
models: to use easements<br />
within the Property which may be<br />
<strong>Condominium</strong> subject to a<br />
Period.<br />
SUBMISSION OF THE PROPERTY TO<br />
any officer of the<br />
Executive Board<br />
THE ACT<br />
2.1 Submission: peclarant hereby submits the Property to<br />
the Act and this Declaration.<br />
2.2 Name: The Property shall hereafter be known as:<br />
FERN RIDGE<br />
CONDOMINIUM
'A7 MIG/jif 2/4/84<br />
ropery Into SeEa<br />
y Owned<br />
2.3 Division of P ratel Units:<br />
Declarant, pursuant to the Act and to establish a plan of condominium<br />
ownership for the Units does hereby divide the Property<br />
into Units and does hereby designate such Units for separate<br />
ownership. The Units are contained in eight (8) buildings and<br />
are shown on Exhibit B.<br />
2.4 Identification of Units: Units (including storage<br />
rooms, if any, allocated to such<br />
Units) in the buildings located<br />
on the Property have been<br />
legally described on the Plat for<br />
Buildings Nos. 1 and 5. The Units for Buildings Nos. 2, 4, 6, 7<br />
and 8 shall be described on such additional Plats to be recorded<br />
by Declarant. Every deed, lease, mortgage or other instrument<br />
may legally describe a Unit by its identifying number or symbol<br />
as shown on the Plat and as set forth in the Declaration, and<br />
every such description shall be deemed good and sufficient for<br />
the purposes and shall be deemed to convey, transfer, encumber<br />
or otherwise affect the owner's corresponding Allocated Interest,<br />
even though the same is not expressly mentioned or described<br />
therein. The description of each Unit shall include all rights<br />
and privileges of said Unit, along with storage units, if any.<br />
Each Unit Owner shall be entitled to the Allocated Interest<br />
appertaining to his Unit as computed and set forth in this<br />
Declaration pursuant to Section 448.2-107 of the Act.<br />
2.5: No Unit Owner shall own any pipes. wires, conduits,<br />
public utility lines, sanitary sewer lines or structural components<br />
running through his Unit and serving more than his Unit except to<br />
the extent of his Allocated Interest.<br />
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''A8 MIG/jlf 2/4/84<br />
2.6 Limited Common Elements:<br />
The Limited Common Elements, if any, serving or<br />
designed to serve each respective Unit are hereby allocated<br />
solely and exclusively to each Unit.<br />
In addition to the Limited Common Elements as<br />
defined in Section 448.2-102 of the Act,<br />
Limited Common<br />
Elements shall also include the items set forth in Section<br />
1.14 of this Declaration.<br />
2.7 Covenants Against Partition: As provided in Section<br />
448.2-107.5 of the Act, the Common Elements are not subject to<br />
partition. and any purported conveyance, encumbrance, judicial<br />
sale, or other voluntary or involuntary transfer of an undivided<br />
interest in the Common Elements made without the Unit to which<br />
that interest is allocated, is void. Nothing contained herein<br />
shall prevent partition of a condominium between co-owhers, if a<br />
co-owner has legal right thereto, except that any such partition<br />
shall not be in kind.<br />
2.8 <strong>Condominium</strong> Ordinances: The <strong>Condominium</strong> is not subject<br />
to any ordinance of the<br />
County of St. Louis<br />
Missouri,<br />
which is not also imposed upon physically similar developments<br />
under different forms of ownership. This statement is made<br />
pursuant to Section 448.1-106 of the Act for the purpose of<br />
providing marketable title to the Units of the <strong>Condominium</strong>.<br />
2.9 Location: The <strong>Condominium</strong> is located in St. Louis<br />
County<br />
Missouri.<br />
2.10 Unit Allocations: The Allocated Interest in the Common<br />
Elements and in the Common Expenses of the Association as set<br />
-8-
'A9 MIG/jif 2/4/84<br />
forth in Exhibit "C" attached hereto and hereby<br />
made a part hereof.<br />
2.11: The Declarant reserves the right to create a maximum<br />
92 Units within the Property.<br />
ARTICLE III.<br />
COMMON ELEMENTS<br />
3.1: Included in the Common Elements are:<br />
The Property, excepting the Units, and including<br />
parking facilities, driveways, parking areas not designated<br />
as Limited Common Elements, gardens,<br />
lawns and sidewalks.<br />
All electrical wiring throughout the Property,<br />
except that within Units: all pipes, wires, cables and<br />
conduits throughout the Property, except that within Units:<br />
all utility installations, sanitary sewer facilities,<br />
laundry facilities and connections for gas, sanitary sewer,<br />
electricity, light, water and plumbing except those within<br />
Units. Any such installation exclusively serving only one<br />
Unit, whether such installation is located wholly or partially<br />
within or outside said Unit, shall be considered as being<br />
"within" and being a part of said Unit which is exclusively<br />
served by such installation.<br />
The foundations, exterior walls and interior walls<br />
separating Units (excluding all wall coverings and glass<br />
surfaces), roofs, gutters, downspouts, common hallways to<br />
basements with access from common hallways and all other<br />
common portions of the Property not included within Units.<br />
Any auxiliary buildings, the swimming pool, recreational<br />
facilities, if any, and any other structures and<br />
facilities which may at any time be situated on the Property.<br />
-9-
'AlO tIIG/jlf 2/4/84<br />
Ce)<br />
The formula for determining the<br />
of each Unit Owner in the Common<br />
the basis of the ratio of the<br />
Allocated Interest<br />
Elements is determined on<br />
size of each Unit to the total<br />
square footage of all Units of the <strong>Condominium</strong>.<br />
ARTICLE IV.<br />
EASEMENTS<br />
4.1 Encroachment: Through construction, settlement or<br />
shifting of any building, should any part of the Common Elements<br />
encroach upon any part of a Unit, or should any part of a Unit<br />
encroach upon any part of the Common<br />
Elements or upon any other<br />
Unit, easements for the maintenance of any such encroachment and<br />
for the use of the space required thereby are hereby established<br />
and shall exist for the benefit of the Unit Owner or the Common<br />
Elements, as the case may be, for as<br />
PROVIDED HOWEVER, that no easement shall<br />
the encroachment is due to the<br />
Owners.<br />
long as encroachment exists,<br />
be created in the event<br />
willful conduct of the Unit<br />
4.2 Easements to Unit Owners: Perpetual easements are<br />
hereby established for all Unit Owners<br />
families, tenants, guests<br />
enjoyment of all Common Elements.<br />
Owner is hereby granted an<br />
and occupy any portion of any balcony,<br />
or terrace which adjoins<br />
in the Property, their<br />
invitees and servants, for use and<br />
In addition thereto, each Unit<br />
exclusive perpetual easement to use<br />
porch. exterior doorways<br />
his Unit and to which he has sole access,<br />
PROVIDED HOWEVER, that no Unit Owner shall enlarge, modify, improve,<br />
decorate or landscape any such balcony, porch or terrace<br />
without the prior written consent of the Executive Board.<br />
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!AI1 MIG/jU /4/bi<br />
4.3 Easements in Gross: Each Unit Owner shall have<br />
an easement in common with the owners of the other Units to<br />
use all pipes, wires, ducts,<br />
lines, structural components and other<br />
cables, conduits, public utility<br />
Common Elements located<br />
in any of the other Units and serving his Unit. Each Unit<br />
shall be subject to an easement in favor of the owners of other<br />
Units to use the pipes, wires, ducts,<br />
cables, conduits, public<br />
utility lines, structural components and other Common Elements<br />
located in such Unit and serving other Units. The Executive<br />
Board, its appointees, employees or agentsi<br />
right of access to each Unit to inspect same<br />
and remove violations<br />
therefrom and to inspect, maintain,<br />
shall have the<br />
repair or replace the<br />
Common Elements contained wholly or partially therein.<br />
Property shall be subject to a perpetual easement<br />
Association, its appointees, employees or agents,<br />
and egress to perform its obligations<br />
this Declaration and Bylaws.<br />
to the<br />
The<br />
for ingress<br />
and duties required by<br />
Should it be necessary to enter a<br />
Unit to inspect and remove a violation or to inspect, maintain,<br />
repair or replace any Common Element, the appointees employees<br />
or agents of the Executive<br />
by exhibiting to the Unit<br />
Board.<br />
Board shall be entitled to entrance<br />
Owner or occupant an order from the<br />
Each Unit Owner and/or occupant of a Unit shall not<br />
unreasonably interfere with such necessary entry.<br />
Forced<br />
entry, deemed necessary by the Executive Board, shall not<br />
subject the Executive Board, its appointees, employees or<br />
agents to trespass, but any damage to the Unit as a
''AJ.2<br />
MIG/jlf<br />
2/4/84<br />
result of forced entry or as a result of any repair of a Common<br />
Element from within the Unit shall be<br />
Board as part of the Common Expense.<br />
or occupant shall fail to provide access<br />
repaired by the Executive<br />
In the event any Unit Owner<br />
to the Unit as herein<br />
provided1 the Executive Board shall (in addition to exercising<br />
other lawful remedies) obtain an order of court for such access,<br />
and the costs and reasonable attorney<br />
the Unit Owner or occupant.<br />
fees shall be taxed against<br />
4.4 Utility Easements: Easements, as shown on the Flat<br />
or as may be subsequently<br />
granted by Declarant or the Executive<br />
Board are established and dedicated for sanitary and storm<br />
sewers, electricity, gas, water,<br />
public utility purposes<br />
and telephones and for all other<br />
including the right to install, lay,<br />
maintain, repair and replace water mains and pipes, sewer lines,<br />
drainage, gas mains, telephone wires and equipment and electrical<br />
conduits and wires over, under, along and on the portions of the<br />
Common Elements.<br />
4.5 Effect of Easements: All easements and rights herein<br />
established shall run with the land and inure to the benefit of<br />
and be binding upon the Declarant, its successors or assigns<br />
any Unit Owner, purchasers mortgagee<br />
or other person having an<br />
interest in any portion of the Property herein described, whether<br />
or not such easements are<br />
conveyance.<br />
ARTICLE V.<br />
mentioned or described in any deed of<br />
UNIT OWNERS' RIGHTS AND RESTRICTIONS<br />
The use of the Units and Common Elements is<br />
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restricted as<br />
and
'A13<br />
PuG<br />
/jif 2/4/84<br />
follows:<br />
5.1 Residential Use: Each Unit is hereby restricted to<br />
residential use as a single family residence to be occupied by<br />
one (1) family, all members of which are related by blood or<br />
marriage.<br />
5.2 ownership by Entity: In the event that other than a<br />
natural person is a Unit Owner, said entity shall, prior to the<br />
purchase of such Unit, designate the person who is to be the<br />
permanent occupant of such Unit.<br />
Such entity shall not thereafter<br />
have the right to designate other persons as the occupants of<br />
such unit, whether in substitution of or in addition to the<br />
persons initially designated, except with the prior written<br />
approval of the Execute Board.<br />
All provisions of this instrument<br />
shall apply to such designated occupants as though they had title<br />
to such Unit and the entity owning such Unit shall be<br />
bound<br />
thereby.<br />
The provisions hereof shall not be applicable to any<br />
corporation formed or controlled by Declarant.<br />
ith<br />
and Rule<br />
5.3 Compliance w Declaration, Bylaws s and Requlations:<br />
Each Unit Owner and occupant shall comply with all applicable<br />
provisions of the Act, this Declaration, the Bylaws, and<br />
such rules and regulations as from time to time are promulgated<br />
by the Executive Board or the Association, as amended from<br />
time<br />
to time, and failure to comply with any such provisions and rules<br />
and regulations shall be grounds for an action by the Association,<br />
an aggrieved Unit Owner, or any person or class of persons adversely<br />
affected, for appropriate relief, including recovery of<br />
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'Al4 MIG/jlf 2/4/84<br />
damages, injunctive relief, or both.<br />
5.4 Obstructions: There shall be no obstructions on any<br />
portions of the Common Elements nor any storage in the Common<br />
Elements without prior written consent of the Executive Board.<br />
No clothes, laundry or other articles shall be hung or<br />
exposed in<br />
any portion of the Common Elements or on or about<br />
the exteriors<br />
of the buildings.<br />
5.5 Maintenance of <strong>Condominium</strong>s: Each Unjt Owner shall<br />
maintain and keep his condominium in good order and repair and<br />
shall do nothing which will increase the rate of insurance on the<br />
building in which his condominium is situated or which would be<br />
in violation of law.<br />
5.6 Signs, Windows, etc.: No signs shall be hung or displayed<br />
on any Common Element or the inside or outside of windows,<br />
patio doors or placed on walls of any building or on any fences,<br />
and no awnings, canopy, shutter, or radio or television antenna<br />
shall be affixed to or placed upon an exterior wall or roof<br />
without prior written consent of the Executive Board.<br />
5.7 Animals: No animals, reptiles, birds, rabbits, livestock,<br />
fowl or poultry of any kind shall be kept, raised or bred<br />
in any portion of the property, except that one cat, one dog or<br />
two caged birds may be kept as a pet in a Unit, subject to the<br />
rules and regulations of the Executive Board and applicable law<br />
of the jurisdiction wherein said <strong>Condominium</strong> is located.<br />
Fish<br />
maintained in a household aquarium shall not be deemed to be<br />
"animals" as defined herein.<br />
Any pet creating a nuisance or<br />
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'A15<br />
MIG<br />
unreasonable disturbance or noise (in<br />
Executive Board) shall be permanently<br />
5.10 Hazardou5 U5e and Waste:<br />
the sole judgment of the<br />
removed from the property<br />
upon written notice from the Executive Board. Any pet owner<br />
shall be responsible for complying<br />
to pets established by the<br />
Executive Board.<br />
5.8 Nuisances: No noxious or offensive<br />
activity as determined<br />
by regulations issued by the<br />
carried on in any Unit or in the Common<br />
with all regulations relating<br />
Executive Board shall be<br />
Elements, nor shall<br />
anything be done which will become an annoyance or a nuisance to<br />
other owners or occupants.<br />
5.9 Business Use: No business, trade, occupation or profession<br />
of any kind shall be conducted,<br />
maintained or permitted<br />
on any part of the Property nor without written authorization<br />
from the Executive Board, shall<br />
displayed by any owner or by any person.<br />
had been the holder of a deed of trust<br />
and who has acquired ownership<br />
the agent of any of them.<br />
kept in any Unit or the Common<br />
rate of insurance maintained<br />
"for sale" or "for rent" signs be<br />
firm or corporation who<br />
against any condominium<br />
thereof through foreclosure, or<br />
Nothing shall be done to or<br />
Elements that will increase any<br />
with respect to the <strong>Condominium</strong><br />
without the prior written consent of the Executive Board.<br />
Unit Owner or occupant shall permit<br />
No<br />
anything to be done or to be<br />
kept in his Unit or the Common Elements that will result in the<br />
cancellation of insurance maintained with respect to the <strong>Condominium</strong>,<br />
or that would be in violation of any law, or that will<br />
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'1A16 MIG/jif 2/4/84<br />
result in the commitment of waste (damage,<br />
abuse or destruction)<br />
to or in his Unit or the Common Elements.<br />
5.11 Rules and Regulations: In addition to the foregoing<br />
restrictions, conditions and covenants concerning the use of the<br />
<strong>Condominium</strong>, reasonable rules and regulations not in conflict<br />
therewith and supplementary thereto may be promulgated and<br />
amended from time to time by the Executive Board or the Association,<br />
as more fully provided in the Bylaws.<br />
ARTICLE VI.<br />
ASSESSMENTS<br />
6.1 Assessment Liens: The Executive Board shall levy assessments<br />
against the Units for Common Expense Liability as established<br />
in the annual budget for operation of the <strong>Condominium</strong>, such<br />
assessments shall be a lien on the Units against which they<br />
are assessed, and if any payment thereof becomes delinquenti the<br />
lien may be foreclosed and the Unit sold, or a money judgment<br />
obtained against the persons liable therefor, all as set forth in<br />
the Bylaws.<br />
y for<br />
6.2 prohibition of Exempti or from Liabilit Contribution<br />
Towards Common Expenses: No Unit Owner may exempt himself from<br />
liability for his share of the Common Expense Liability assessed<br />
by the Association by waiver of the use of enjoyment of any of<br />
the Common Elements or by abandonment of his Unit.<br />
ARTICLE VII. MANAGEMENT, MAINTENANCE, REPAIRS<br />
ALTERATICN5 AND IMPR OVEMENTS<br />
7.1 Common Elements by the Association: The managementi<br />
maintenance, repair, alteration and improvement of the Common<br />
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'A17 ZIIG/jlf 2/4/84<br />
Elements shall be the responsibility<br />
cost thereof shall be a Common Expense.<br />
caused to a Unit by any work on or to the<br />
or for the Association shall be repaired by the<br />
the cost thereof shall be a Common<br />
of the Association, and the<br />
Expense.<br />
All incidental damage<br />
Common Elements dgne by<br />
Association, and<br />
7.2 Waiver of Claims: Anything herein to the contrary notwithstanding,<br />
the Association agrees that<br />
against a Unit Owner or occupant, and<br />
each Unit Owner and occupant<br />
agrees that he shall make no<br />
the member of the Executive Board,<br />
or employees or agents of any<br />
retained by the Executive Board or his or<br />
employees or agents, or other Unit Owners or<br />
loss or damage to any of the Property, or<br />
it shall make no claim<br />
claim against the Association,<br />
officers of the Association,<br />
thereof, or against any manager<br />
its officers, directors,<br />
occupants1 for any<br />
to a Unit or personal<br />
property therein, even if caused by the act or neglect of any one<br />
or more of such persons<br />
casualty insurance purchased by the<br />
due to a peril insured against by<br />
Association or by any Unit<br />
Owner or occupant to the extent of the insurance proceeds<br />
recovered under all such policies of<br />
claims, to the extent of such recovery, are<br />
released, provided, however, that this<br />
insurance, and all such<br />
hereby waived and<br />
waiver shall not apply to<br />
vandalism or malicious mischief and shall apply only during such<br />
time as the applicable policy or<br />
or endorsement to the effect<br />
shall not adversely affect or impair<br />
policies shall contain a clause<br />
that any such waiver and release<br />
said recover thereunder.<br />
The Association and each Unit Owner and occupant agree<br />
- 17 -<br />
that their
'AlS<br />
MIG jif<br />
1 2/4/84<br />
respective insurance policies shall contain<br />
endorsement, and each Unit Owner and<br />
such a clause or<br />
occupant shall furnish evidence<br />
reasonably acceptable to the Association of the existence<br />
of such a clause or endorsement.<br />
ARTICLE VIII.<br />
INSURANCE<br />
8.1 Insurance: Not later than the time of the first<br />
conveyance of a Unit to a person other than the Declarant, the<br />
Executive Board in its own name for the use and benefit of the<br />
Unit Owners shall be required to purchase and maintain fire and<br />
extended coverage insurance policies and if available an Nail<br />
risks endorsement" in amounts equal to the replacement value of<br />
all improvements and all personal property owned by the <strong>Condominium</strong><br />
(with standard Mortgage Clause in favor of rnortgagees, if any);<br />
said insurance shall insure the Common Elements1 Limited Common<br />
Elements, common fixtures, equipment and personalty, the Units<br />
and common property of the <strong>Condominium</strong>: the policy of insurance<br />
shall insure members of the Executive Board, their agents and<br />
employees and the owners of all Units, against any liability,<br />
including medical payments to the public or to the owners, their<br />
invitees, tenants and any other persons who may be on the Property<br />
for any reason whatsoever, in the use of any Common Elements, the<br />
liability under which insurance shall be not less than One<br />
Million Dollars ($1,000,000 ) for any one person injured. One<br />
Million Dollars ($1,000,000) for any one accident, and Two<br />
Hundred and Fifty Thousand Dollars ($250,000) for property<br />
damage. the Executive Board is further authorized to purchase
''A19 MIG/jif 2/4/84<br />
any other insurance coverage in such reasonable amount as the<br />
Executive Board shall deem desirable.<br />
policies shall be a Common Expense<br />
common fund.<br />
Premiums for such insurance<br />
Liability to be paid from the<br />
Fire and extended coverage policies shall be<br />
written in the name of the Executive Board as<br />
of the Unit Owners in the Allocated Interests<br />
Declaration.<br />
cover Units with horizontal<br />
Trustees for each<br />
established in this<br />
Insurance maintained under this subsection shall<br />
betterments installed by Unit Owners.<br />
boundaries but not improvements and<br />
8.2 Insurance <strong>Certificate</strong>: The Executive Board upon<br />
written request shall issue a certificate of insurance to any<br />
Unit Owner, mortgagee or beneficiary under a deed of trust of<br />
said Unit Owner requesting same.<br />
the standard mortgagee clause naming the<br />
additional insured and shall contain a<br />
cancellation notice which shall be given to<br />
each Unit Owner and each mortgagee or<br />
trust to whom a certificate of<br />
to any cancellation of said insurance.<br />
the "special condominium endorsement,"<br />
of any insurance trust agreements<br />
to subrogation against Unit<br />
Said certificate shall contain<br />
mortgage holder as an<br />
minimum ten (10) day<br />
the Executive Board,<br />
beneficiary under a deed of<br />
insurance has been issued, prior<br />
Said policy shall contain<br />
shall provide recognition<br />
shall contain waiver of rights<br />
Owners, shall provide that said<br />
insurance coverage is not to be prejudiced by any act or neglect<br />
of an individual Unit Owner or Unit Owners which is not within<br />
the control of the Unit Owners<br />
that said policy is primary in the event<br />
- 19 -<br />
collectively and shall provide<br />
that any Unit Owner has
'A20 MIG/jlf 2/4/84<br />
coverage for the same loss.<br />
INSURE THE CONTENTS OF ANY UNIT OR ANY<br />
ADDED TO A UNIT.<br />
THE POLICIES, HOWEVER, SHALL NOT<br />
IMPROVEMENTS OR FIXTURES<br />
8.3 Appointment of Trustee: Declarant, itt consideration of<br />
the funds loaned to it and in<br />
consideration of loans which may<br />
hereafter be made by various lenders to Declarant and to Unit<br />
Owners, does herewith, on behalf of itself, and the future Unit<br />
Owners of this <strong>Condominium</strong>, irrevocably<br />
the Executive Board, the true and<br />
constitute and appoint<br />
lawful insurance trustee to<br />
receive the proceeds of all fire and extended coverage<br />
losses and does herewith require<br />
insurance<br />
of the Executive Board that the<br />
said Board, on purchasing any fire and extended coverage policy<br />
or policies, shall notify the insurance<br />
make all loss proceeds payable to the said trustee.<br />
carriers in writing to<br />
The said<br />
trustee shall have full power and authority to adjust and collect<br />
all losses and to reimburse itself for<br />
such adjustment or collection.<br />
required to, consult with the Unit Owners.<br />
have full power and authority to execute<br />
on its own behalf and on<br />
reasonable expenses for<br />
The trustee may, but shall not be<br />
The trustee shall<br />
all documents necessary<br />
behalf of the named insureds and to<br />
endorse all checks and drafts on its own behalf<br />
the named insureds.<br />
and on behalf of<br />
The trustee shall hold the insurance proceeds<br />
in trust for Unit Owners and lienholders as<br />
their interests may<br />
appear. Subject to the provisions of Article IX hereof, the<br />
proceeds shall be disbursed first for the<br />
repair or restoration<br />
of the damaged property. and Unit Owners and lienholders are not<br />
- 20 -
entitled to receive payment of<br />
the proceeds unless there is<br />
a surplus of proceeds after the Property has been completely<br />
repaired or restored, or the <strong>Condominium</strong> is terminated. The<br />
trustee may disburse the funds pursuant to Section 9.2 (in the<br />
event the proceeds are sufficient for reconstruction), but<br />
notwithstanding the provisions thereof, the trustee shall have<br />
the right (but not the obligation) to require the funds to be<br />
disbursed only against surety bonds, completion guarantees,<br />
escrows or such other assurances as may satisfy the trustee.<br />
In<br />
the event the trustee is of the reasonable opinion that the fire<br />
and extended coverage insurance is insufficient to cover the<br />
replacement value of the insurable improvements, it may (but<br />
shall not be required to) increase the coverage and send the bill<br />
for the premium therefor to the Unit Owners as provided in this<br />
Article VIII and remit the amount of the premium to the party<br />
entitled thereto. Nothing herein contained shall impose any<br />
liability on the trustee for failing to increase the coverage or<br />
failing to increase the coverage sufficiently or for selecting<br />
any particular insurance company. The trustee shall have<br />
the right to resign or appoint a trustee as successor trustee<br />
with full power of substitution<br />
as a successor trustee with like<br />
powers. In the event that the trustee fails to appoint a successor<br />
trustee, then the Executive Board shall appoint said successor.<br />
All handling of insurance proceeds shall be at no expense to the<br />
trustee, except that the cost of security bonds, completion<br />
guarantees, title escrow distribution charges, if any, shall be
1'A22 MIG/j1 2/4/84<br />
at the expense of the Executive Board. Under no circumstances<br />
shall the trustee be liable for any act or omission except for<br />
fraud, gross negligence or lack of reasonable and ordinary care.<br />
All insurance shall be placed with companies licensed in the<br />
State of Missouri.<br />
ARTICLE IX. DAMAGE, DESTRUCTION, REPAIR AND TERMINATION<br />
9.1 General: Any portion of the <strong>Condominium</strong> for which<br />
insurance is required under Section 8.1 which is damaged or<br />
destroyed shall be repaired or replaced promptly by the Association<br />
unless Ci) the <strong>Condominium</strong> is terminated, (ii) repair or<br />
replacement would be illegal under any state or local health or<br />
safety statute or ordinance, or (iii) eighty percent (80%) of the<br />
Unit Owners, including every owner of a Unit or assigned Limited<br />
Common Element which will not be rebuilt, vote not to rebuild<br />
pursuant to Section 9.2 hereof. The cost of repair or replacement<br />
in excess of insurance proceeds and reserves shall be a Common<br />
Expense Liability. If the entire <strong>Condominium</strong> is not repaired or<br />
replaced, (i) the insurance proceeds attributable to the damaged<br />
Common Elements shall be used to restore the damaged area to a<br />
condition compatible with the remainder of the <strong>Condominium</strong>, (ii)<br />
the insurance proceeds attributable to Units and Limited Common<br />
Elements which are not rebuilt shall be distributed to the Owners<br />
of those Units and the Owners of the Units to which those Limited<br />
Common Elements were allocated, and (iii) the remainder of the<br />
proceeds shall be distributed to all the Unit Owners or lienholders,<br />
as their interests may appear, in proportion to the Allocated<br />
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MIG/jlf 2/4/84<br />
Interest of all Units. If the Unit Owners vote not to rebuild<br />
any Unit, that Unit's Allocated Interest are automatically<br />
reallocated upon the vote as if the Unit had been condemned under<br />
Article X hereof and the Association shall promptly prepare,<br />
execute and record an amendment to the Declaration reflecting<br />
the reallocations.<br />
Notwithstanding the provisions of this<br />
Section, Section 9.2 hereof governs the distribution of insurance<br />
proceeds if the <strong>Condominium</strong> is terminated.<br />
9.2 Termination:<br />
The <strong>Condominium</strong> may be terminated only by agreement<br />
of Unit Owners of Units to which at least eighty percent<br />
(80%) of the votes in the Association are allocated.<br />
An agreement to terminate shall be evidenced by the<br />
execution of a termination agreement or ratifications<br />
thereof, in the same manner as a deed, by the requisite<br />
number of Unit Owners.<br />
The termination agreement shall<br />
specify a date after which the agreement will be void unless<br />
it is recorded before that date.<br />
A termination agreement<br />
and ratifications thereof shall be recorded in the office of<br />
the Recorder of Deeds of St. Louis County ,<br />
Missouri, and is effective only upon recordation.<br />
Cc) The termination agreement may provide that all of<br />
the Common Elements and Units of the <strong>Condominium</strong> shall be<br />
sold following termination.<br />
If, pursuant to the agreement,<br />
any real estate in the <strong>Condominium</strong> is to be sold<br />
following<br />
termination, the termination agreement shall set forth the<br />
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''A24 P1113 jif 2/4 84<br />
minimum terms of the sale.<br />
The Association, on behalf of the Unit Owners, may<br />
contract for the sale of real estate in the <strong>Condominium</strong>, but<br />
the contract is not binding on the Unit Owners until approved<br />
pursuant to subsections (a) and (b) of this section.<br />
If any<br />
real estate in the <strong>Condominium</strong> is to be sold following<br />
termination, title to that real estate, upon termination,<br />
vests in the Association as trustee for the<br />
holders of all<br />
interests in the Units.<br />
Thereafter, the Association has all<br />
powers necessary and appropriate to effect the sale. Until<br />
the sale has been concluded and the proceeds thereof<br />
distributed,<br />
the Association continues in existence with all<br />
powers it had before termination.<br />
Proceeds of the sale<br />
shall be distributed to Unit Owners and lienholders as their<br />
interests may appear, in proportion to the respective<br />
interests of the Unit Owners.<br />
Unless otherwise specified in<br />
the termination agreement, as long as the Association<br />
holds<br />
title to the Property, each Unit Owner and his successors in<br />
interest have an exclusive right to occupancy of the portion<br />
of the Property which formerly constituted his Unit. During<br />
the period of that occupancy each Unit Owner and his<br />
successors in interest remain liable for all assessments and<br />
other obligations imposed on Unit Owners by the Act,<br />
this Declaration and the Bylaws.<br />
If the Property constituting this <strong>Condominium</strong> is<br />
not to be sold following termination, title to the Common<br />
- 24 -<br />
6.
''A25 MIC/jif 2/4/84<br />
Elements and, if this <strong>Condominium</strong> contains only Units having<br />
horizontal boundaries described in the Declaration, title to<br />
all the Property in the <strong>Condominium</strong> vests upon termination<br />
in the Unit Owners as tenants in common in proportion to<br />
their Allocated Interest as provided in subsection (g) of<br />
this section, and liens on the Units shift accordingly.<br />
While the tenancy in common exists, each Unit Owner and his<br />
successors in interest have an exclusive right or to occupancy<br />
of the portion of the Property which formerly constituted<br />
his Unit.<br />
(1) Following termination of this <strong>Condominium</strong> the<br />
proceeds of any sale of real estate, together with the<br />
assets of the Association, are held by the Association as<br />
trustee for Unit Owners and holders of liens on the Units as<br />
their interests may appear.<br />
Following termination, creditors<br />
of the Association holding liens on the Units, which were<br />
recorded prior to termination, may enforce such liens in the<br />
same manner as any lienholder.<br />
Any other creditors of the<br />
Association shall be treated as if they had perfected liens<br />
on the Unit immediately prior to termination.<br />
(g)<br />
The respective interests of Unit Owners referred to<br />
in subsections (c) and Cd) of this section are as follows:<br />
Ci) Except as provided in subdivision (ii) of this<br />
subsection, the respective interests of Unit Owners are<br />
the fair market values of their Units, Limited Common<br />
Elements and Common Element interests immediately before<br />
- 25 -
the termination, as determined by one or more<br />
independent appraisers selected by the Association.<br />
The decision of the independent appraisers shall be<br />
distributed to the Unit Owners and becomes final<br />
unless disapproved within thirty (30) days after<br />
distribution by Unit Owners of Units to which<br />
twenty-five percent (25%) of the votes in the<br />
Association are allocated.<br />
The proportion of any<br />
Unit Owner's interest to that of all Unit Owners<br />
is<br />
determined by dividing the fair market value of that<br />
Unit Owner's Unit and Allocated Interest by the<br />
total fair market values of all the Units and<br />
Allocated Interests;<br />
(ii) If any Unit or any Limited Common Element<br />
is destroyed to the extent that an appraisal of the<br />
fair market value thereof prior to destruction<br />
cannot be made, the interests of all<br />
Unit Owners are<br />
their respective Allocated Interests immediately<br />
before the termination.<br />
9.3 Personal Property InsuranCe Each Unit Owner shall<br />
be responsible, if he so desires, for maintaining his own<br />
insurance on the contents of his Unit including<br />
floors,<br />
walls, ceiling covers, cabinets and fixtures, and on any<br />
additions and improvements to the Unit, and shall be responsible<br />
for insurance on any personal property belonging to<br />
him, but stored elsewhere on the Property.<br />
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''A27 MIG/jlf 2/4/84<br />
9.4 Waiver of Subrogation: Each Unit Owner hereby<br />
waives and releases any and all claims which he may have<br />
against any other Unit Owner, the officers and members of the<br />
Executive Board, and the Declarant, and their respective<br />
employees and agents, for damage to the Common Elements, the<br />
Units, or to any personal property located in the Units or<br />
Common Elements, caused by fire or other<br />
casualty, to the<br />
extent that such damage is covered by fire or other<br />
form of<br />
casualty insurance.<br />
9.5 Damaae Caused by Unit Owner, Not Covered b<br />
y Ifl5urflCe<br />
If, due to the act or neglect of a Unit Owner, or of a member<br />
of his family or household pet or of a guest or other authorized<br />
occupant or visitor of such Unit Owner, damage shall be<br />
caused to the Common Elements or to a Unit or Units owned by<br />
others, or maintenance, repairs or replacements shall be<br />
required which would otherwise be at the Common Expenses<br />
then<br />
such Unit Owner shall pay for such damage and such maintenance,<br />
repairs and replacements, as may be determined by the Executive<br />
Board, to the extent not covered by insurance.<br />
ARTICtE X.<br />
10.1 Condemnation:<br />
CONDEMNATION<br />
(a)<br />
In the event it shall become necessary for any<br />
public agency to acquire all or any part of any of the<br />
Units or the Common Elements of the <strong>Condominium</strong> for any<br />
public purpose, the Executive Board is hereby appointed<br />
as attorney-in-fact and is hereby<br />
authorized to negotiate<br />
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''A28 MIG/jif 2/4/84<br />
with such public agency for such<br />
acquisition and to<br />
execute such instruments as may be necessary for conveyance<br />
to any such public agency.<br />
eminent domain become necessary<br />
Should acquisitions by<br />
only the Executive<br />
Board need be made party, and monies, damage payments or<br />
condemnation award shall be held by the Executive Board<br />
for the benefit of the owners of the Units subject<br />
hereto.<br />
(b) If a Unit is acquired by eminent domain, or if<br />
part of a Unit is acquired by eminent domain leaving the<br />
Unit Owner with a remnant which may not practically or<br />
lawfully be used for any purpose permitted by this<br />
Declaration, the award shall compensate the Unit Owner<br />
for his Unit and Allocated Interest, whether or not any<br />
Common Elements are acquired.<br />
Upon acquisitions unless<br />
the decree otherwise provides that Unit's Allocated<br />
Interests are automatically reallocated to the remaining<br />
Units in proportion to the respective Allocated Interests<br />
of those Units before the taking, and the Executive<br />
Board shall promptly prepares execute and record an<br />
amendment to the Declaration reflecting the reallocations.<br />
Any remnant of a Unit remaining after part of a Unit is<br />
taken under this subsection is thereafter a Common<br />
Element.<br />
Cc) Except as provided in subsection Cb) of this<br />
section, if part of a Unit is acquired by eminent<br />
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5I
'A29 bIIG/jlf 3/8/84<br />
domain, the award shall compensate the Unit Owner for<br />
the reduction in value of the Unit and its Allocated<br />
Interest, whether or not any Common Elements are acquired.<br />
Upon acquisition, unless the decree otherwise provides,<br />
Ci) that Unit's Allocated Interests are reduced in<br />
proportion to the reduction in the size of the Unit, or<br />
on any other basis specified in the Declaration,<br />
and (ii) the portion of the Allocated Interests divested<br />
from the partially acquired Unit are automatically<br />
reallocated to that Unit and the remaining Units in<br />
proportion to the respective Allocated Interests of<br />
those Units before the taking, with the partially<br />
acquired Unit participating in the reallocation on the<br />
basis of its reduced Allocated Interests.<br />
ARTICLE XI.<br />
DEVELOPMENT RIGHTS<br />
11.1 Additions to flat and Modification of DeclaratIon:<br />
Each person acquiring a Unit hereunder shall be conclusively<br />
deemed to have appointed the Declarant as the Unit Owner's<br />
attorney-in-fact for a period of four (4) years expiring<br />
from the date of recording of this Declaration.<br />
During this<br />
period1 the Declarant reserves the right, but not the obligation,<br />
and shall have full power and authority to amend the Declaration<br />
and Plat in compliance with the Act by including any parcel<br />
or parcels contiguous or non-contiguous to the Property, or<br />
to delete any parcel or portion thereof and to change the<br />
number of Units and amend the Allocated Interests to each<br />
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''A30 MIG/jlf 3/8/84<br />
to each Unit as specified in Exhibit "C" hereof.<br />
Declarant<br />
reserves the right, but not the obligation1 to create Units,<br />
Common Elements, Limited Common Elements and to subdivide<br />
with respect to a parcel added pursuant to the development<br />
rights established by this section.<br />
Said development rights<br />
may be exercised with respect to different parcels added<br />
pursuant to this section at different times.<br />
Declarant<br />
reserves the right but not the obligation to enter into,<br />
create, reserve, or grant easements for utilities including<br />
but not limited to gas, electric, water, sewer, cable television,<br />
and access to such easements for the benefit of the<br />
Property.<br />
Declarant makes no assurances with respect to the<br />
development of said additional parcels, including, but not<br />
limited to whether the Declarant will exercise the right to<br />
develop all or any portion of the parcels subject to these<br />
development rights or the order in which the development will<br />
occur.<br />
In addition thereto, the Declarant may file amendments<br />
to the Declaration, Plats and exhibits hereto to reflect any<br />
changes in the locations, elevations, measurements or dimensions<br />
and to correct any error in any recorded Plat or<br />
Declaration; provided that, if required such Amendment is<br />
approved by the Planning Director of St. Louis County,<br />
Missouri.<br />
During the tour (4) year period hereof, the<br />
Declarant, in executing any amendment consistent with the<br />
foregoing, shall be conclusively deemed to have been acting<br />
within the scope of the Declarant's authority as herein<br />
- 30 -
'' Bi<br />
MIG/jif 2/4/84<br />
specified, and all Unit Owners shall be estopped from questioning<br />
the right of the Declarant herein granted and reserved.<br />
11.2 Deletion From The flat: Pursuant to subdivision<br />
4 of Section 448.2-109 of the Act, Declarant hereby reserves<br />
the right to withdraw the Property or any portion<br />
thereof.<br />
11.3 Right of Declarant to Vote: Declarant shall have<br />
the right to exercise the votes allocated to Units which<br />
Declarant owns and have not been transferred to third<br />
parties.<br />
11.4 Partial Development: For purposes of allocating<br />
Common Expense Liability and none other, the Declarant shall<br />
not be deemed a Unit Owner as to unconstructed,<br />
partially<br />
completed or completed but unsold or unoccupied Units.<br />
The<br />
Declarant shall as to said Units bear only that portion of<br />
the Common Expense Liability, if any, in fact incurred<br />
by or<br />
for the benefit of said Units, including, but not limited to<br />
insurance and real estate taxes.<br />
ARTICLE XII. SPECIAL. DECLARANT RIcHTS<br />
12.1 Advertisinq by the Declarant: Notwithstanding any<br />
provision hereof to the contrary, at all times and from time<br />
to time, during the Declarant Control Period, Declarant (and<br />
its successors, assigns and mortgagees) shall have the right<br />
and privilege (i) to erect and maintain advertising signs<br />
(illuminated or non-illuminated), sales flags, other sales<br />
devices and banners for the purpose of aiding the sale of<br />
Units in this <strong>Condominium</strong>, (ii) to maintain Units as sales,<br />
model, management, business and construction offices, and<br />
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''22 MIG/jif 2/4/84<br />
(iii) to maintain and locate construction trailers and<br />
construction tools and equipment within the Property.<br />
Said<br />
model Units or Units used for business, construction, or<br />
management purposes shall be no greater than 849<br />
square feet and shall consist of not more than<br />
Unite each designated by the Declarant in Building 1 through 8<br />
of this <strong>Condominium</strong>. The construction of the buildings and<br />
improvements by Declarant shall not be considered a nuisance<br />
and Declarant hereby reserves the right and privilege<br />
for itself (and its successors, assigns and mortgagees) to<br />
conduct the activities enumerated in this section until all<br />
present and future Units of this <strong>Condominium</strong> have been<br />
2<br />
completed and conveyed to third parties.<br />
All rights afforded<br />
Declarant under this Article shall inure to the benefit of<br />
any mortgage holder acquiring title to any Unit hereunder.<br />
ARTICLE XIII.<br />
AMENDMENTS<br />
13.1: Upon the expiration of the Declarant Control<br />
Period or upon the earlier written relinquishment of the<br />
Declarant's authority duly recorded, the Unit Owners may<br />
modify and amend this Declaration and Bylaws by satisfying<br />
section 448.2-117 of the Act.<br />
The president, treasurer,<br />
secretary or assistant secretary may prepare, execute, certify<br />
and record amendments to this Declaration on behalf of<br />
the Association.<br />
Each such modification and amendment must<br />
be duly recorded in the Office of the Recorder of Deeds in<br />
St. Louis County , Missouri, provided, however, that<br />
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I 'E3 MIG/jlf 2/4/84<br />
this Declaration and Bylaws shall at all times<br />
contain the<br />
minimum requirements imposed by Chapter 448, Missouri Statutes,<br />
and, in particular, by Section 448.3-106 of the Act, with insurance<br />
maintained as required by Section 448.3-113 of the Act.<br />
In the<br />
event the Statutes of Missouri subsequently provide a different<br />
method of amendment, then such Statute shall supersede this<br />
Article provided the consent of the holders of first<br />
deeds of<br />
trust is first had and obtained.<br />
In the event this <strong>Condominium</strong> is<br />
located in the unincorporated area of St. Louis County, Missouri,<br />
no such amendment, modification or change<br />
shall reduce or modify<br />
the obligation or right granted to or imposed upon the<br />
Board or to eliminate the requirement that there be an<br />
Executive<br />
Executive<br />
Board unless some person or entity is substituted for the Executive<br />
Board with their responsibilities and duties in a manner approved<br />
by the Director of Planning of St. Louis County, Missouri.<br />
ARTICLE XIV.<br />
RECREATION FACILITIES<br />
14.1 Rules and Regulations: The Executive Board may make<br />
such reasonable rules and regulations as the Executive<br />
Board may<br />
determine pertaining to the use of recreation facilities, if any,<br />
including the right to admit non-residents as guests on a<br />
fee<br />
basis and including the matters of safety, deportment, dress,<br />
hours, children, pets and disciplining measures against<br />
unruly<br />
members and children.<br />
The Executive Board may bring such legal<br />
actions as it may deem appropriate against persons violating<br />
its<br />
rules and regulations and, upon the Executive Board prevailing,<br />
the costs and attorney's fees shall be taxed against such party.<br />
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''.84 MIG/jlf 2/4/84<br />
ARTICLE XV.<br />
GENERAL PROVISIONS<br />
15.1 Captions: The captions of the various Articles<br />
and Sections are for purposes of reference<br />
deemed to have any substantive effect.<br />
only and are not<br />
15.2 Mortgagee's Riqhts: Unless provided to the contrary<br />
in a Unit Owner's mortgage, the holder of first mortgage of<br />
the Units (including a holder, insurer or guarantor of a first<br />
mortgage on a Unit in the <strong>Condominium</strong> which has requested<br />
notice in accordance with the provisions of Section 15.3 of<br />
this Declaration) shall be entitled to the following<br />
rights:<br />
Any restoration or repair of the <strong>Condominium</strong><br />
after a partial condemnation or damage due to an<br />
insurable<br />
hazard shall be substantially in accordance with the<br />
provisions hereof and the original plans and specifications<br />
unless the approval of the eligible holders of first<br />
mortgages on Units to which at least fifty-one percent<br />
(51%) of the votes of Units subject to mortgages held by<br />
such eligible holders are allocated, is obtained.<br />
Any election to terminate the <strong>Condominium</strong> after<br />
substantial destruction or a substantial taking in<br />
condemnation of the <strong>Condominium</strong> property must also<br />
require the approval of the eligible holders of first<br />
mortgages on Units to which at least fifty-one percent<br />
(51%) of the votes of Units subject to mortgages held by<br />
such eligible holders are allocated.<br />
No reallocation of interests in the Common Elements<br />
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p 'B5 MIG/jlf 2/4/84<br />
resulting from a partial condemnation or partial destruction<br />
of the <strong>Condominium</strong> project may be effected without the<br />
approval of the eligible holders of first mortgages on Units<br />
to which at least fifty-one percent (51%<br />
) of the votes of<br />
Units subject to mortgages held by such eligible holders are<br />
allocated.<br />
15.3 Notice to Mortgaqees: Upon written request to the<br />
Executive Board, the holder of any duly recorded mortgage or deed<br />
of trust against any Unit shall thereafter be given copies of any<br />
and all notices permitted or required by this Declaration to be<br />
given to the Unit Owner or owners whose Unit Ownership is subject<br />
to such mortgage or deed of trust (such written request to state<br />
the name and address of such holder, insuror or guarantor and the<br />
Unit number).<br />
Notices shall be given to mortgagees under the<br />
following conditions:<br />
Any proposed amendment of the Declaration effecting<br />
a change in (i) the boundaries of any Unit or the exclusive<br />
easement rights appertaining thereto, (ii) the interests in<br />
the general or Limited Common Elements appertaining to any<br />
Unit or the liability for Common Expenses appertaining<br />
thereto, (iii) the number of votes of Unit Owners appertain<br />
ing to any Unit or (iv) the purposes to which any Unit or<br />
the Common Elements are restricted; except as to those<br />
permitted in Article X hereof:<br />
Any proposed termination of the <strong>Condominium</strong>;<br />
Any condemnation loss or any casualty loss which<br />
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''36 MIG/jif 2/4/84<br />
affects a material portion of the <strong>Condominium</strong> or which<br />
affects any Unit on which there is a<br />
first mortgage held,<br />
insured or guaranteed by such eligible<br />
holder:<br />
Any delinquency in the payment of assessments or<br />
charges owed by an Owner of a Unit subject to the mortgage<br />
of such eligible holder, insurer or guarantori where such<br />
delinquency has continued for a period of 60 days;<br />
Any lapse, cancellation or material modification of<br />
any insurance policy maintained by the Executive Board.<br />
15.4 Manner of Givinq Notice: Notices required to be<br />
given to the Executive Board may be delivered to any<br />
member of<br />
the Board either personally or by certified mail addressed to<br />
such member or officer at his Unit, return receipt<br />
requested.<br />
Notice required to be given to the Declarant or to the Declarant<br />
while acting as the Executive Board shall be given by certified<br />
mail, return receipt requested at:<br />
12400 Olive Boulevard<br />
St. Louis, Missouri 63141<br />
15.5 Notice in Event of Death: Notices required to be<br />
given any devisee or personal representative<br />
of a deceased Unit<br />
Owner may be delivered either personally or by certified mail,<br />
return receipt requested to such party at<br />
his or its address<br />
appearing in the records of the court wherein the estate of such<br />
deceased Unit Owner is being administered.<br />
15.6 Acceptance by Grantee: Each grantee of Declarant by<br />
the acceptance of a deed of conveyance or each subsequent pur-<br />
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I '87 MIG/jlf 2/4/84<br />
chaser, accepts the same subject to all restrictions, conditons,<br />
covenants, reservations, optionsi liens and charges1 and the<br />
jurisdictiont rights and powers created or reserved by<br />
this<br />
Declaration or to which this Declaration is subject, and all<br />
rights, benefits and privileges of every character<br />
hereby granted,<br />
created, reserved or declared, and all impositions and<br />
obligations<br />
hereby imposed shall be deemed and taken to be covenants<br />
running<br />
with the land and shall bind any person having at any time any<br />
interest or estate in said property and shall inure to<br />
benefit of such Unit Owner in like manner as though the<br />
the<br />
provisions<br />
of this Declaration were recited and stipulated at<br />
length in each<br />
and every deed of conveyance.<br />
15.7 No Waiver: No covenants, restrictions, conditions,<br />
obligations or provisions contained in this Declaration<br />
deemed to have been abrogated or waived by reason of any<br />
shall be<br />
failure<br />
to enforce the same, irrespective of the number of violations or<br />
breaches which may occur.<br />
15.8 Saving Clause: The invalidity of any covenant,<br />
restriction, condition, limitation or any other provision of this<br />
Declaration or any part of the same shall not impair or affect<br />
in<br />
any manner the validity,<br />
enforceability or effect of the rest of<br />
this Declaration.<br />
15.9 Interpretation: The provisions of this Declaration<br />
shall be liberally construed to effectuate its purposes of<br />
creating a uniform plan for the development and operation of a<br />
first-class <strong>Condominium</strong> apartment development.<br />
The use of<br />
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'' B8 MIG/jlf 2/4/84<br />
personal pronouns shall be construed to apply to masculine,<br />
feminine or neuter gender as the context may require. Should any<br />
provision of this instrument be deemed to violate the Rule<br />
against Perpetuities and is not subject to Section 448.2-103(2)<br />
of the Act, then such provision shall not be stricken but shall<br />
be deemed to continue in force and effect for the longest time<br />
permitted under Missouri law or for the life or lives in being<br />
plus twenty-one (21) years and ten (10) months thereafter. If<br />
any provision is deemed to be invalid, then the elimination of<br />
such provision shall not affect the remaining provisions.<br />
15.10 Bonds: Before any Unit Owner shall become a member<br />
of and serve on the Executive Board, he shall be able to be<br />
bonded. The Executive Board shall procure a blanket fidelity<br />
bond on themselves individually and collectively for the benefit<br />
of all Unit Owners in an amount not less than the estimated<br />
maximum of funds, including reserve funds in the custody of the<br />
Executive Board at any given time during the term of each bond.<br />
The bond shall be written only by a bonding company approved to<br />
write fidelity bonds for Executors and Administrators by the St.<br />
Louis County Probate Court. The cost of premiums for such blanket<br />
bond shall be paid out of the common funds of this <strong>Condominium</strong> as<br />
a general charge and shall not be borne by the individual members<br />
of the Executive Board. The bond shall contain waiver of all<br />
defenses based upon the exclusion of persons serving without<br />
compensation from the definintion "employee" or similar terms<br />
or expressions.<br />
The bond shall provide that it may not be<br />
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'E9 MIG/jlf 2/4/84<br />
cancelled or substantially modified (including cancellation<br />
for<br />
non-payment of premium) without 10 days prior written notice to<br />
Executive Board.<br />
15.11 Operative Effect: This Declaration shall be of full<br />
force and effect upon the recordation in the St. Louis County<br />
Recorder of Deeds Records.<br />
15.12 Lease of Unit: Each Unit Owner shall have the right<br />
to lease the Unit so owned for single family occupancy subject to<br />
the following requirements:<br />
Every lease shall be in writing and shall be<br />
subject to all provisions of this Declaration and Bylaws.<br />
Further, said lease shall incorporate the rules and regulations<br />
of the <strong>Condominium</strong> by reference thereto and shall<br />
include the provision that any violation of said rules and<br />
regulations or covenants and provisions of the lease, other<br />
than non-payment of rent, shall be additional basis for<br />
termination of the lease by the Executive Board.<br />
Every lease shall be submitted to the Executive<br />
Board for review so as to assure compliance with this<br />
Declaration.<br />
Cc)<br />
Every lease shall appoint the Executive Board (or<br />
the Declarant as the case may be) to act as agent and<br />
attorney-in-fact for the Unit Owner for the purposes of<br />
enforcing the terms covenants and conditions of said lease,<br />
other than the non-payment of rent. If any such violation<br />
is not cured within 30 days or such shorter time as may be<br />
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'Bi MIG/jif 2/4/84<br />
provided for in the leases the Executive Board as attorney-infact<br />
shall have the right of action to evict or otherwise<br />
terminate the lease or the tenants possession of the Unit.<br />
The Executive Board shall have no liability to the Unit<br />
Owner or tenant on account of any action taken pursuant to<br />
this Declaration and Bylaws. The provisions of this<br />
section 15.12 shall not be applicable to the Declarant<br />
during the Declarant control period.<br />
(d)<br />
Every lease shall have minimum initial and renewal<br />
terms of six (6) months each and no such lease shall be on a<br />
month-to-month or hold-over basis.<br />
15.13 St. Louis County Addendum: The provisions set forth<br />
in Exhibit £ annexed hereto entitled "St. Louis County Addendum"<br />
are hereby incorporated as a part of this <strong>Condominium</strong> Declaration<br />
and shall be applicable to the <strong>Condominium</strong> in the event said<br />
<strong>Condominium</strong> shall be located in the unincorporated area of St.<br />
Louis County, Missouri.<br />
15.14 Parkinq: The Declarant and/or the Executive Board<br />
shall have the right but not the obligation to assign parking<br />
spaces for the sole exclusive use of Unit Owners, which assignment<br />
may in the discretion of the Declarant or Executive Board be designated<br />
as a Limited Common Element. Further, the Declarant and/or<br />
the Executive Board shall have the right but not the obligation to<br />
make such rules and regulations governing the use of parking spaces<br />
by guests and invitees of Unit Owners and further, in<br />
their discretion,<br />
may adopt such rules and regulations governing the storage<br />
of vehicles, repair of vehicles, prohibiting trucks, boats, trailers,<br />
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I '210 MIG/jlf 3/8/84<br />
campers. motor bikes or other vehicles which the Declarant and/or<br />
Executive Board may in their discretion determine objectionable.<br />
IN WITNESS WHEREOF, the Declarant has executed this Declaration<br />
this day of<br />
, 1984.<br />
TAYLOR-MORLEY-SIMON, INC.<br />
By:<br />
Name:<br />
Title:<br />
ATTEST:<br />
Secretary<br />
STATE OF MISSOURI<br />
SS.<br />
COUNTY OF ST. LOUIS<br />
On this day of , 1984, before me<br />
appeared<br />
, to me personally known,<br />
who, being by me duly sworn, did say that he is the<br />
of Taylor-Morley-Simon, Inc., a corporation of the State of<br />
Missouri, and that the seal affixed to the foregoing instrument<br />
is the corporate seal of said corporation1 and that said instrument<br />
was signed and sealed in behalf of said corporation, by authority<br />
of its Board of Directors; and said<br />
acknowledged said instrument to be the free act and deed of said<br />
corporation.<br />
IN TESTIMONY WHEREOF, I have hereunto set my hand and<br />
affixed my official seal in the County and State aforesaid: the<br />
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MIG/j].f 2/4/84<br />
day and year first above written.<br />
Noary Public<br />
- 42 -
December 12, 1988<br />
TO:<br />
FERN RIDGE CONDOMINIUM OWNERS<br />
Please find enclosed, for your information and convenience,<br />
a set of Fern Ridge Rules & Regulations which have been<br />
adopted by your Board of Trustees.<br />
A copy of the Declaration of <strong>Condominium</strong> & By-Laws of Fern<br />
Ridge <strong>Condominium</strong>s was provided to owners when accepting a<br />
deed of conveyance to their respective unit. Many of the<br />
rules and regulations enacted by your Board of Trustees are<br />
provided in the Declaration; therefore, it is recommended<br />
that the owners familiarize themselves with the documents.<br />
Your compliance with these rules and regulations, and your<br />
continued support and cooperation are requested so that<br />
Fern Ridge <strong>Condominium</strong> can remain a safe and attractive<br />
community.<br />
Board of Trustees,<br />
Fern Ridge <strong>Condominium</strong><br />
Enclosure
FERN RIDGE CONDOMINIUM RULES AND REGULATIONS<br />
All Purchasers and Lessees of units should receive a copy of the Declaration of <strong>Condominium</strong><br />
and By-Laws of Fern Ridge <strong>Condominium</strong> and the Rules and Regulations from the seller or<br />
lessor. An established service fee shall be charged by the <strong>Condominium</strong> Management<br />
Company for each additional copy requested.<br />
OWNER'5 RESPONSIBIlITY<br />
Each purchaser on accepting a deed of conveyance, accepts the deed subject to all provisions<br />
of the Declaration of <strong>Condominium</strong> and By-Laws of Fern Ridge <strong>Condominium</strong>.<br />
It is the responsibility of the owner to provide copies to unit lessee (and insure compliance<br />
with) all notices , rules, regulations, Declaration and By-Laws of Fern Ridge <strong>Condominium</strong>.<br />
It is the responsibility of the owner to make sure any unit owned or leased to another is<br />
covered with appropriate insurance (homeowners, liability, etc.). Each unit owner is<br />
responsible for maintaining insurance on the contents of their unit and any additions or<br />
improvements, and personal property stored on the property. In owner-leased units, the unit<br />
owner is responsible for informing lessee of any insurance needs.<br />
It is the owners responsibility to notify the <strong>Condominium</strong> Management Company in writing<br />
of any change of address. The owner must notify the <strong>Condominium</strong> Management Company in<br />
writing prior to selling a unit, tncluding purchaser's name, address, telephone number and<br />
mortgage company. Prior to leasing a unit, the owner must notify the <strong>Condominium</strong><br />
Management Company in writing of the Tenant's name, address, and telephone number.<br />
No person or persons, natural or artificial1 shall at any time hold title to more than 3 units,<br />
unless the purchase of such additional unit or units has been approved by the Board of<br />
Trustees.<br />
Owners who have vacant units during cold weather shall set the heat to at least 60 degrees<br />
to prevent freezing of pipes.<br />
RESTRICTIONS<br />
Nothing shall be done in any unit or in, on or to the common areas and facilities, which<br />
would impair the structural integrity or would structurally change any of the buildings.<br />
No person shall use the common elements in any manner which does not conform with the<br />
rules and regulations of Fern Ridge <strong>Condominium</strong>.<br />
Unit owners and lessees may not decorate, landscape, screen or enclose their balcony,<br />
terrace1 patio1 or patio deck, except with the prior written approval of the Board of<br />
Trustees. Any enclosed area must be maintained by the owner.
Certain Items, including but not limited to, mobile homes, campers, trailers, or boats may<br />
not be parked at Fern Ridge. (The intent is to insure adequate parking spaces for vehicles<br />
used in ordinary transportation.<br />
Commercial trucks, including moving vans, are allowed to be parked only during time<br />
required to perform service to unit owner and shall not block or impede means of access<br />
and/or egress of other residents. Owners utilizing such services should be mindful of their<br />
neighbors' needs.<br />
No clothes or laundry shall be hung or exposed in any portion of the common element and<br />
facilities not within the bounds of a unit. The parts of the common areas and facilities not<br />
within the bounds of a unit shall be kept free and clear of rubbish, debris, and other<br />
unsightly materials,<br />
MAI NTENANCE<br />
All requests for maintenance in the common areas should be referred to the <strong>Condominium</strong><br />
Management Company.<br />
All terrace and balcony areas (including patio and patio decks) must be kept in good order,<br />
After notifying the owner of the necessity f or maintenance to this area or any other area,<br />
the Board of Trustees will assess the unit owner for any maintenance which they have done.<br />
Any damage done to the common area by an owner, lessee or their guest must be paid by the<br />
owner upon receipt of a bill for repairs or replacement and/or removal.<br />
Except in the case of an emergency, the Board of Trustees must be notified prior to any<br />
action that affects the common elements.<br />
Each owner shall maintain and keep his unit in good order and repair and shall do nothing<br />
which will prejudice the structural integrity or which will increase the insurance rate on<br />
the building in which said unit is situated, or which would be in violation of the law.<br />
Owners are responsible for turning of f inside water valves on exterior faucets and draining<br />
lines on November 1st and turning on valves on April 1st. Any damage from burst pipes will<br />
not be covered by the Association when this procedure is not followed.<br />
ADDITIONS. ALTERATIONS OP DECORATIONS<br />
Requests from owners for any additions, constructions or alterations to common areas must<br />
be presented in advance, and in writing, to the Board of Trustees. The request will be<br />
reviewed at the next Board meeting, and the owner will be notified in writing of Board<br />
approval or disapproval. A plan should be submitted with the request.<br />
Owners are not allowed to paint or otherwise decorate or change the appearance of any<br />
common elements on any portion of the buildings (not within the bounds of the owners unit),<br />
unless the prior written approval of the Board of Trustees is obtained.
Nothing shall be altered, constructed in, removed from, or added to the common areas and<br />
facilities, without prior written approval of the Board of Trustees. Nor shall anything be<br />
done which would or might jeopardize or impair the safety or soundness of the common<br />
areas and facilities.<br />
SAl F5 AND LEASES<br />
Contact should be maintained with the <strong>Condominium</strong> Management Company regarding the sale<br />
or lease of units. Closing papers must be forwarded to the <strong>Condominium</strong> Management<br />
Company prior to the closing of the unit. Leases must be submitted, with references, for<br />
Board approval.<br />
All leases shall provide that lessee agrees to abide by all the rules, regulations, Declaration<br />
and Dy-Laws of Fern Ridge <strong>Condominium</strong>, which are to be observed and treated as part of the<br />
lease. Said leases shall also provide that they are not assignable, nor shall any unit, or any<br />
part thereof, be sublet or underlet, without prior approval of Board of Trustees. Every lease<br />
shall have minimum initial and renewal terms of six (6) months each and no such lease shall<br />
be on a month-to-month or hold-over basis. A copy of the current signed lease must be on<br />
file at the <strong>Condominium</strong> Management Company's office.<br />
All condo fees must be paid before a transferee may take title to a unit.<br />
SIGNS AND COMMERCIAl ACTIVITIES<br />
Signs of any kind are not permitted to be displayed outside of any unit (including signs may<br />
not be displayed inside any window) and in or on the common elements, without prior<br />
written approval of the Board of Trustees. This applies to owners, lessees or any others,<br />
including realtors.<br />
Unit owners shall not cause or permit anything to be hung or displayed on the outside of any<br />
unit, or placed on the outside walls of any of the buildings and no signs, awnings, canopy,<br />
shutter, radio or television antenna shall be affixed to or placed upon the exterior walls or<br />
roof of any of the buildings, without prior written approval of the Board of Trustees.<br />
Offensive or commercial activities, including any activity which constitutes a nuisance,<br />
shall not be permitted.<br />
SECURITY<br />
When not in use, storage doors and unit doors are to be kept closed.<br />
Fern Ridge <strong>Condominium</strong> Trustees and/or agents have the irrevocable right to have access to<br />
each unit during reasonable hours as may be necessary for the maintenance, repairs or<br />
replacement of any of the common elements therein, or accessible therefrom, or for making<br />
emergency repairs necessary to prevent damage to the common elements or to another unit.<br />
3
PETS<br />
No animals, reptiles, birds, rabbits, livestock, fowl or poultry of any kind shall be kept,<br />
raised or bred in any portion of the Property, except that 1 dog or 1 cat, or 2 birds or other<br />
household animal may be kept, as a pet, in a unit. There shall be no structure for such<br />
animal outside of the unit at any time. Fish maintained in a household aquarium shall not be<br />
deemed to be animals as defined herein. Any pet creating a nuisance or unreasonable<br />
disturbance or noise (in the sole judgement of the Board of Trustees) shall be permanently<br />
removed from the Property upon written notice from the Board of Trustees.<br />
Pets, when outside of the unit, must be leashed and accompanied by the owner at all times.<br />
Walking of pets in the common areas away from the buildings, walks and drives is<br />
encouraged. Pet owners are required to clean up any defecation in the areas around<br />
buildings, walks and drives. Pet owners are responsible to Insure that their pets (Inside or<br />
outside of units) do not constitute a nuisance to other residents.<br />
Owners are encouraged to call Rabies Control when unattended animals are seen on Fern<br />
Ridge premises.<br />
TRASH<br />
Large cartons and unwanted Items must be removed by resident, or arrangements made with<br />
the trash company for removal and payment.<br />
All trash must be placed inside the dumpster, not left on the ground.<br />
PARKING AND SPEED LIMIT<br />
Parking is permitted in areas marked for parking. Parking is not permitted on the drives, in<br />
front of dumpsters or in areas not marked for parking.<br />
A speed limit of 10 miles per hour has been established for the safety of all residents.<br />
Only properly licensed and operating vehicles are allowed on Fern Ridge property. -<br />
No preventative maintenance may be performed on vehicles on Fern Ridge property; i.e.<br />
changing fluids. This is to protect the parking surface.<br />
Only residents and guests may park in the Fern Ridge parking areas.<br />
SWIMMING POOL<br />
The swimming pool is for the use of the residents of Fern Ridge and their guests. No other<br />
persons are permitted in the swimming area.<br />
Pool rules must be followed at all times by those using the pool.
VIOLATIONS<br />
When a restriction, condition, rule or regulation adopted by the Board of Trustees is<br />
violated, the Board has the power to enter upon the land or unit where such violation exists<br />
and remove the structure, thing or conditions, at the expense of the owner. The Board of<br />
Trustees also has the power to seek damages with appropriate legal proceedings.<br />
When any violation is brought to the attention of the Board of Trustees, the Board, through<br />
its representatives, will give written notice to the owner advising of the violation and<br />
giving fifteen (15) days after receipt of the notice to eliminate the violation to the<br />
satisfaction of the Board. However, the Board of Trustees reserves the right, in event of<br />
flagrant or serious violation, to require owner compliance within a shorter period of time,<br />
as determined by the Board.<br />
Notice may be given by personal delivery or by registered or certified U.S. Mail. if Violation<br />
is not eliminated within the given period, the owner will be fined $250.00 plus $25.00 for<br />
each day that the violation continues. If not paid, the amount will become a lien against the<br />
unit.<br />
RULES AND REGULATIONS<br />
These rules and regulations may be amended, added to or deleted from as the Board of<br />
Trustees so determines. Proper notification of any such amendments, additions or deletions<br />
to the rules will be given.<br />
The above rules do not supersede the Association By-Laws, Declaration, or any legal<br />
statutes. For further details and clarification please refer to the Declaration and By-Laws<br />
of Fern Ridge <strong>Condominium</strong>.
FERN RIDGE CONDOMINIUM ASSOCIATION<br />
BOARD POLICY<br />
Effective September. 1988<br />
Policy was set for interior repairs caused by water leaks from<br />
above units. The Association will initiate the inspection and<br />
determine the cause. If found to be a common fault, the<br />
Association will pay the full cost of repairs. If not, the owner<br />
who caused the leak will be responsible for the inspection and to<br />
the owner below.<br />
Effective May 1. 1989<br />
Please remember to store your bikes, barbecue grills and other<br />
personal belongs in your storage bin. Do not leave them under the<br />
steps or in the walkways. This is common ground and may not be<br />
used for storage of any kind. Effective May 1, 1989, any item left<br />
on common ground will be removed.<br />
Effective May 20, 1991<br />
Policy was set regarding "Open House" signs.<br />
on the property only on Sunday.<br />
Signs may be placed<br />
Filed:<br />
In Regular File and<br />
Declaration File<br />
F: \WP51\DATA\FR\FRPOLIICY.BRD
BOARD POLICY<br />
Effective $eDtemer. 1988<br />
2<br />
Policy was set for interior re;<br />
above units. The Association V<br />
determine the cause. If fou]<br />
Association will pay the full co<br />
who caused the leak will be resp<<br />
the owner below.<br />
airs caused by water leaks from<br />
ill initiate the inspection and<br />
.d to be a common faults<br />
;t of repairs.<br />
the<br />
If not, the owner<br />
,risible for the inspection and to<br />
Effective May 1. 1989<br />
Please remember to store your b<br />
nersonal belongings in your stora<br />
the steps or in the walkways. Thi<br />
used for storage of any kind.<br />
ikes, barbecue grills and other<br />
ge bin. Do not leave them under<br />
.s is common ground and may not be<br />
Effective May 1, 1989, any item left<br />
on common ground will be removed.<br />
Effective May 2O 1991<br />
Policy was set regarding "Open House" signs.<br />
on the property only on Sunday.<br />
Signs may be placed<br />
TRASH<br />
All trash (securely bagged and ground trash) should be<br />
the trash dumpster.<br />
placed in<br />
Please remember to close the dumpster lid and<br />
latch the gate of the enclosure to prevent them from swinging<br />
breaking.<br />
and<br />
If anyone notices that the dumpsters are overflowing with trash,<br />
please advise CMA (878-0025) so that an additional pickup<br />
arranged.<br />
may be<br />
SWIMMING POOL<br />
Pool information will be issued to you soon. Please note that a<br />
pool pass will only be issued to zero balance accounts. Also<br />
will be sending<br />
we<br />
you revised pool rules which changes<br />
restriction.<br />
the age<br />
The rule now reads that a child 12 or younger must be<br />
accompanied by an adult. The new ruling states that children 14 or<br />
younger must be accompanied by an adult. Violation of any pool<br />
rule will result in loss of pool privileges.
PETS<br />
-3-<br />
Pets, when outside of the unit, must be leashed and accompanied by<br />
the owner at all times. Walking of pets in the common areas away<br />
from the buildings, walks and drives is encouraged. Pet owners are<br />
required to clean up any defecation in the areas around building,<br />
walks and drives. We have been notified by the lawn service<br />
company that, due to the pet owners not picking up after their<br />
pets, it is very difficult to mow the lawn.<br />
If anyone notices that a pet is not on a leash or is not being<br />
cleaned up after, please call the St. Louis County Animal Control<br />
726-6655 to issue a complaint. Pet owners are responsible to<br />
insure that their pets (inside or outside of units) do not<br />
constitute a nuisance to other residents.<br />
SAFETY RULE<br />
There shall be no bike riding, skate boarding, skating, game<br />
playing, or recreational activities of any kind on the parking lots<br />
or sidewalks of the Fern Ridge condominium property.<br />
CTROPOLITAN SEWER DISTRICT BILL<br />
Are you aware your Metropolitan Sewer District Bill is now based on<br />
water usage Please take the time to check and repair as necessary<br />
any dripping faucets or running toilets. Careless and excessive<br />
water usage contributes to excessive expenses.<br />
OUTSIDE WATER FAUCETS<br />
Now that warm weather has arrived, it is time to start using the<br />
water from the outside faucets. Anyone on the lower level who has<br />
a valve inside your unit that was turned off in the Fall, please<br />
turn it back on now.<br />
FENCE<br />
The wooden fence between Fern Ridge and the shopping center is not<br />
on Fern Ridge's property and is not the Association's<br />
responsibility to maintain. The Board is trying to work with the<br />
owner of the shopping center to get this area looking nice.
VrR I1T)(J CO!flC)WN1T P(}OL RITIJ' &T fC11i &T1flS<br />
I<br />
Pool keys will be given to all owners who do not have an outstanding balance with Fern Ridge <strong>Condominium</strong> Association,<br />
have completed a Unit Information Form and who have a Lease on file (if applicable) with the Management Company.<br />
Owners may transfer their passes to tenants who have a signed lease on file with Fern Ridge <strong>Condominium</strong> Association.<br />
The pool will be open from 6:00 am - 12:00 am.<br />
Anyone under the age of eighteen (18) must be<br />
accompamed by an adult. (St Louis County requirement)<br />
4.<br />
All guests must be accompanied by a resident while using the pool facilities. No more than five guests per umt will be<br />
allowed. Arrangements for large groups may be made bycontacting the Management Company.<br />
Admission to the pool is refused to anyone with skin abrasions, infections, or anyone whose physical condition could<br />
endanger the health of others. This condition includes alcohol and drug related influences.<br />
No pets are allowed in the pool area.<br />
Only swimming apparel is allowed while swimmirg, no shorts or cut-offs<br />
Air mattresses, swim fins and other accessories are limited to times when the use of this type of equipment will not<br />
interfere with other swimmers' use of the pool.<br />
9. No excessively oily lotions are permitted m the pool or on the furniture.<br />
Barbecue grills, mirrors glass containers or other breakables are not permitted in the pool area.<br />
Damage of property, including the trees and shmbbeiy, is not permitted. Any person who causes such damage shall be<br />
held personally and financially responsible. Damage may also include litter of any kind (i.e. cigarette butts, cans, food<br />
wrappers. etc.).<br />
Personal conduct in the pool area must be such that the safety and enjoyment of all individuals is not jeopardized. This<br />
includes no running, pushing, horseplay, hardball, frisbees, loud radios, excessive noise, etc.<br />
Management is not responsible for loss or damage to anypersonal property of any kind<br />
This pool is for Fern Ridge residents and their guests. We ask all residents to help enforce this by asking trespassers to<br />
leave Trespassers will be prosecuted- In the event trespassers do not leave, contact the St. Louis County Police at 889-<br />
2341 for assistance.<br />
Swim at your own risk. Lifeguards are not provided.<br />
In order to protect the rights of all residents, the Board of Trustees reserves the right to suspend any violator from the use of<br />
the pool and the pool area for any period deemed appropriate.<br />
This is not a public pool, it belongs to you. It is your responsibility to follow and help enforce the rules.<br />
ENJOY THE SUMMER!