Condominium Resale Certificate - Williams & Williams

This document may have legal consequences. If not 

understood, seek legal advice. 

Form #2141 8/99 

©ST. LOUIS ASSOCIATION OF REALTORS* 

Approved by Counsel for the St. Louis Association of Realtors* 

to be used exclusively by Realtors* and 

members of the Bar Association of Metropolitan St. Louis 

Condominium Resale Certificate 

Note: ALL INFORMATION REQUESTED ON THIS CERTIFICATE IS REQUIRED BY THE UNIFORM CONDOMINIUM 

ACT OF MISSOURI. 

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 

present to Buyers. This resale certificate shall be completed by the governing body of the Condominium Association of 

______________________________________ Fern Ridge Condominium Association condominium, Unit number ______________________________________ 

12812 Portulaca Unit D 

Building number __________ in the city/county of St. ______________________________________ Louis 

in the state of Missouri. 

Description of condominium complex: 

Total Units _______ 92 Owner Occupied Units _______ 52 Rental Units _______ 40 

1. Does the Board or Association have the right of first refusal yes ✔ no 

If yes, Board does does not waive this right 

Is there any other limitation on the right of the unit owner to sell or lease this unit yes ✔ no If yes, describe: 

_____________________________________________________________________________ 

2. Please fill in the following amounts: 

Monthly Assessment _________________ $156.00/$169.00 Date Due _________________ 

First of each month 

Special Assessment _________________ Date Due _________________ 

Other fees _________________ Date Due _________________ 

The monthly assessment on this unit is paid through ___________________(date) 

If payments are late, the following penalties and fees apply: ________________________________________________ 

$10.00 after the 10th of each month 

3. Is any additional special assessment anticipated by the Association or already approved for some future date within the next 2 fiscal 

years yes ✔ no 

If yes, for what purpose: ________________________________________________________________________________ 

4. Is any additional capital expenditure anticipated by the Association within the next two years yes ✔ no 

If yes, in what amount and for what purpose _______________________________________________________________ 

5. Reserves available for capital expenditures $ _____________________ 

130,808.54 - 

6. Reserves designated for specific purposes $ _____________________ 

0.00 

7. Copies of the following documents are attached as required by law. They are current and up to date. 

Balance Sheet 

Income and Expense Statement 

Operating Budget 

Condominium Declaration 

Bylaws 

Rules and Regulations 

8. Are there any unsatisfied judgments against the Association yes ✔ no 

If yes, for what is the status: ______________________________________________________________________________ 

9. Are there any pending law suits against the Association yes ✔ no 

If yes, for what is the status: ______________________________________________________________________________ 

10. Does the Board or Association have knowledge of any alteration or improvement to this unit which may violate any provision of the 

declaration yes ✔ no 

If yes, for what is it: ______________________________________________________________________________ 

11. Does the Association provide insurance coverage for the benefit of unit owner ✔ yes no 

If yes, by whom: **Contact Insurance Agent** 

Insurance Company: Auto Owners & U.S. Liability 

Broker: O'Connor Insurance Agency 

Agent: Karen Corrigan 

Address: 4110 Crescent Drive, St. Louis, MO 63129 

Telephone: (314) 434-0038 

12. Is the condominium project on leased land yes ✔ no 

If yes, remaining term is ______ years. 

13. Is a portion of the common elements leased to others yes ✔ no 

If yes, the remaining term is _____ years. 

This form was prepared by the undersigned who represents that he/she has the authority of the _________________________________ 

Fern Ridge Condominium Association 

Condominium Association to make the statements contained in this form.

2. The Trustees have established the 2010 assessments as follows: 

$156.00 - 1 bathroom units 

$169.00 - 2 bathroom units 

COMMENTS ADDENDUM 

Please contact the insurance company directly with any questions regarding the policy or to request the declaration page. 

(r_ccrdfm153) 

Page 3 of 3

EXHIBIT D 

DECLARATION 

BYLAWS 

OF 

FERN RIDGE 

5NDOMINIUM ASSOCIATION, 

an Unincorporated Association 

under the Laws of the 

State of Missouri 

ARTICLE I. 

IDENTITY 

These are the Bylaws of Fern Ridge Condominium 

Association, a Missouri unincorporated association (the "Association"). 

For the purpose of these Bylawsi the terms specifically 

defined in the Declaration of Condominium of 

Fern Ridge 

Condominium (the "Declaration") or in Section 448 of the Missouri 

Revised Statutes (the "Act") and any laws amendatory thereof and 

supplemental thereto shall have the same herein. 

ARTICLE II. 

QU 

ALIFICATIONS 

RESCNSIZLITE5 OF MEERS 

The qualifications and responsibilities of members and the 

manner of their admission into the Association shall be as 

follows: 

2.1 Members: Each Unit Owner, by virtue of such ownership, 

shall be a member of this Association, and shall remain a 

member until such time as such ownership ceases for any reason. 

2.2 More Than One Unit Owner: When more than one person 

owns a Unit, all such Unit Owners shall be members of the Association. 

2.3 Registration: It shall be the duty of each Unit Owner 

AND 

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to register his name and the 

the Association. If a Unit Owner does 

Association shall have no duty or 

membership. 

2.4 Prohib 

Unit number with the Secretary of 

not so register, the 

obligation to recognize his 

ition of Assinrnent, etC. of Member Share in 

Funds of Association: The share of a member in the funds and 

assets of the Association cannot be assigned, pledged, encumbered, 

alienated or transferred in any manner 

to his Unit. 

ARTICLE III. 

MEMBERS' MEETING AND VOTING 

except as an appurtenance 

3.1 Place of Meeting: Meetings of the Association shall 

be held at the registered office 

suitable places within St. Louis 

the members, as may be 

Board. 

a year. 

of the Association, or such 

County,Missouri. convenient to 

designated from time to time by the 

3.2 Annual Meetinqs: The members shall meet at least once 

The annual meeting of the members 

second Wednesday in July in each year, 

such day shall be a legal holiday, 

shall be held on the 

commencing in 1985, and if 

then on the next secular day 

following, at such time and place as is specified by the President 

or Secretary in the notice of such meeting; provided, that the 

Board, from time to time, at any regular or special meeting, may 

designate a different day for the annual meeting. 

Except as 

otherwise provided in Article IV hereof, at each annual meeting 

the members shall elect a 

meeting and may transact any other 

Board to serve until the next annual 

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transacted by the members. 

3.3 Soecial Meetings: special meetings of the members 

may be called at any time by the President or by the Executive 

Board, and must be called by the President upon receipt of a 

written request for a special meeting signed by at least twentyfive 

(25) members of the Association. 

No business shall be 

transacted at a special meeting except as stated in the notice 

thereof. such notice shall be in writing, shall be sent by United 

States mail to the addresses of their respective Units or to such 

other addresses as any member may have designated to the President 

or Secretary. and shall be mailed not less than twenty-one (21) 

days in advance of the annual or regularly scheduled meeting and 

at least seven (7) days in advance of any other meeting; 

provided, 

however, that such notice may be delivered personally to any 

member if not prohibited by the statutes of the State of Missouri. 

Proof of such mailing or delivery shall be given by the affidavit 

of the person mailing or delivering the notice. 

Notice of the 

meeting may be waived in writing by any member before or after 

such meeting. 

3.5 Attendance of Mortgagee at Meetings: Any mortgagee 

of a Unit may attend and participate in any general or special 

meeting. but shall have no vote unless granted by proxy. 

3.6 Quorum: A quorum at meetings of the members shall consist 

of members present, in person or by proxy, representing at 

least fifty percent (50%) of the total votes in the Association. 

3.7 Votina Power; Association Not to Vote: The voting 

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power of members shall be based upon the Units owned and the vote 

allocated to such Units by the Declaration. When more than one 

person is the owner of a Unit, the votes for that Unit shall be 

cast as the Unit Owners shall determine, but in no event shall 

more than the vote allocated by the Declaration to the Unit be 

voted. The votes allocated to a Unit shall not be split but 

shall be voted as a single whole. Notwithstanding anything 

herein to the contrary, the Association shall not be entitled to 

cast the votes allocated to any Unit owned by it during the 

period of its ownership. 

3.8 Manner of Casting Votes: A vote may be cast in person 

or by proxy. A proxy must be in writing, be signed by all 

owners of the Unit, the vote of which are subject to the proxy, 

be only to another member or a Security Holder in that Unit, and 

be filed with the Secretary before the meeting. A proxy shall be 

valid until revoked in writing by all owners of such Unit. 

3.9 Action by Members Without Meetinq: 

Any action required 

by law to be taken at a meeting of the members, or any 

action that may be taken at a meeting of the members, may be 

taken without a meeting if authorization in writing, setting 

forth the action taken is signed by two-thirds (2/3) of the 

members or as may otherwise be required by Missouri Statutes. 

3.10 Adiournment when Quorum Lacking: If a meeting cannot 

be organized because a quorum has not attended, the meeting shall 

be adjourned from time to time until a quorum is present. 

3.11 Manner of Acting: When a quorum is present at a 

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meeting, any question brought before 

by a majority of the voting power 

unless express provisions of 

these Bylaws require a greater vote. 

3.149rder of 

the meeting shall be decided 

present in person or by proxy, 

applicable law, the Declaration, or 

3.12 Statement of Members and Votes: At the beginning of 

each meetingi the Secretary, or other person designated by the 

presiding officer, shall certify a statement 

listing all members 

present in person or by proxy at such meeting, the votes of each, 

and the total percentage of votes 

represented at the meeting. 

3.13 prohibition of Cumulative Voting: There shall be no 

cumulative voting. 

Busin 

order of business at the annual 

es at Annual and Other Zleetjnas 

The 

meetings of the members, and, so 

far as is applicable and practical at all other meetings of the 

members shall be: 

Certification of members and votes present. 

Calling of the roll. 

Cc) Proof of notice of meeting or waiver of notice. 

Cd) 

Approval of minutes from previous meetings. 

Ce) 

Cf) 

Reports of officers. 

Reports of committees. 

Appointment by presiding officer of judges of 

election. 

Election of Directors for the second and 

subsequent 

Boards. 

Ci) 

Unfinished business. 

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Ci) New business. 

(k) 

Adjournment 

The presiding officer may vary such order as the presiding 

officer deems necessary. 

ARTICLE IV. 

DIRECTORS 

4.1 First Board: The first Executive Board shall consist of 

the three (3) persons appointed by the Declarant, and successors 

to any thereof appointed by Declarant. Said first Executive Board 

and officers elected thereby shall serve until their successors 

have been duly elected and have qualified. 

4.2 Number of Qualifications of Directors: The Executive 

Board shall consist of three (3), five (5), or seven (7) natural 

persons, as determined from time to time by the members. Each 

Executive Board member ("DirectorTM): except those whom the Declarant 

is entitled to elect or appoint during the Declarant Control 

Period, shall be a Unit Owner. The first Director or successor 

elected by the Unit Owners shall serve until the expiration of 

Declarant Control. Upon termination of Declarant Control three (3) 

Directors shall be elected to serve, one for one year, one for two 

years and one for three years, thereafter all terms shall be for 

three years with not less than one Director nor more than one-third 

(1/3) of the Directors to be elected at each annual meeting. 

4.3 Election of Directors: 

(a) During Declarant Control Period: At the first 

annual meeting of the members, and at each subsequent annual 

meeting during the Declarant Control Period, the Directors shall 

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07:A7 MIG/jlf 2/4/84 

be elected by Declarant, or persons designated by Declarant; 

provided1 however, that no later than sixty (60) days after 

conveyance of twenty-five percent (25%) of the Units to Unit 

Owners other than Declarant, a regular or special meeting 

shall be held at which One Director who is a Unit Owner will 

be elected. Upon conveyance of fifty percent (50%) of the 

Units not less than one-third (1/3) of the Board will be 

elected by the Unit Owners, or, if the number of Directors 

is not evenly divisible by three (3), the next highest 

number thereof, shall be elected by the members other 

than 

Declarant, and the other Directors shall be elected by 

Declarant. 

After Declarant Control Period. 

Not later than the 

termination of the Declarant Control Period the Directors 

shall be elected by the members. In order to assure that 

Directors will be so elected, a regular or special meeting 

of the members shall be held prior to such termination, 

to 

elect, effective upon such termination, who shall become 

Directors upon such termination. 

Votes Required. Directors shall be elected by a 

majority vote. At each meeting at which there is to be an 

election of Directors, the members shall first adopt a resolution 

establishing the number of Directors to be elected 

at 

such meeting. In order to provide continuity on the Executive 

Board not more than one-third (1/3) of the Executive Board 

shall be replaced at any annual election except for cause. 

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07:AS MIG/jlf 2/4/84 

4.4 Term: The term of each Director 

election by the members shall be 

Directors' successor has been duly 

4.1 Ora on Mee:irc of Newly El. 

after the first annual 

for three years. and until that 

elected and has qualified. 

4.5 Removal: Any member of the Executive Board may be 

removed, with or without cause, by a 

to cast at least sixty-seven 

Association, at a special meeting 

successor may then and there 

for the balance of the 

has been duly elected and has 

any Director on the 

any subsequent Executive 

elected may be removed and 

time, only by act of Declarant, 

vote of the members entitled 

percent (67%) of the votes in the 

called for such purpose, and a 

be elected by the members to serve 

predecessor's term, and until his successor 

qualified; provided1 however, that 

first Executive Board, and any Director on 

Board, whom Declarant appointed or 

replaced at any time, and from time to 

and with or without cause. 

4.6 Vacancies: Any vacancy in the Executive Board arising 

out of the removal, death or 

resignation of a Director appointed 

or elected by Declarant shall be filled only by appointment made 

by Declarant. Any other vacancy in the Executive Board shall be 

filled by act of the remaining 

constitute a quorum, and a Director so 

Directors, whether or not they 

elected shall serve for 

the unexpired term of this predecessor in office, and until his 

successor has been duly elected and has qualified. 

anizati ected Board: The 

organization meeting of a newly elected 

held within ten (10) days of its 

as shall be fixed by 

Executive Board shall be 

election, at such time and place 

5uch Directors at the meeting at which they 

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were elected, and no further notice of 

such organization meeting 

shall be necessary, providing a quorum shall be present. 

4. Regular Meetings: Regular meetings of the Executive 

Board may be held at such time and place as shall be determined, 

from time to time, by a majority of the Directors. 

Notice of 

regular meetings shall be given to each Director, personally or 

by mail, telephone, or telegraph5 at least three (3) days prior 

to the day designated for such meeting, unless such notice is 

waived. All Board meetings shall be open to the members. 

4.9 Special Meetings: Special meetings of the Executive 

Board may be called by the President and must be called by the 

Secretary at the written request of two (2) Directors. 

Not less 

than three (3) days' notice of such special meeting shall be 

given personally or by mail, telephones or telegraph: provided1 

however, in case the President or any Director determines that an 

emergency exists, then a special meeting may be called by giving 

such notice as is possible under the circumstances. All notices 

of a special meeting shall state the time, place and purpose of 

such meeting. No business shall be transacted at a special 

meeting except as stated in the notice thereof. 

4.10 Waiver of Notice: Any director may waive, in writing, 

notice of a meeting, either regular or special, before or after 

such meeting, and such waiver shall be deemed equivalent to the 

giving of notice. 

4.11 Quorum: A majority of the Executive Board shall 

constitute a quorum for the transaction of business at any 

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meeting of the Executive Board. 

4.12 Adjournment When Quorum Lacking: If at any meeting 

of the Executive Board there shall be less than a quorum present1 

the majority of those present may adjourn the meeting from time 

to time until a quorum is present. At any such adjourned meeting 

any business that might have been transacted at the meeting as 

originally called may be transacted without further notice. It a 

Director signs the minutes of a meeting, such signing shall 

constitute the presence of such Director at that meeting for the 

purpose of determining a quorum. 

4.13 Manner of Acting: Each Director shall be entitled 

to one (1) vote, and the act of a majority of the Directors 

present at a meeting at which a quorum is present shall constitute 

the act of the Executive Board unless the act of a greater number 

is required by these Bylaws, the Declaration, or express provisions 

of applicable law. 

4.14 Executive Board Action Without Meeting: Any action 

required by law to be taken at a meeting of the Executive Board or 

any action that may be taken at a meeting of the Executive Board, 

may be taken without a meeting if a consent in writing, setting 

forth the action so taken, is signed by all Directors. 

4.15 PresidinQOfficer: The presiding officer at meetings 

of the Executive Board shall be the President. In his absence 

the Directors present shall designatE one of their number to 

preside. 

4.16 Coipensation cf Dlrector3 Restricted: 

Directors shall 

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07:All MIG/jlf 2/4j64 

receive no compensation for their 

out-of-pocket expenses incurred in the 

duties as Directors. 

services, but may be paid for 

performances of their 

4.17 Powers and Duties of Executive Board: All of the 

powers and duties of the Association shall be exercised by the 

Board, including those existing under the common law, applicable 

statutes, the Act, the Declaration, 

thereof may from time to time be amended. 

and these Bylaws, as any 

Such powers and duties 

shall be exercised in accordance with the provisions of applicable 

law, the Declaration, and Bylaws, and shall include, but not be 

limited to, the following: 

To elect the officers of the Association. 

To prepare and provide to members annually a report 

containing at least the following: 

A statement of any capital expenditUres in 

excess of two percent (2%) of the current 

budget or 

Five Thousand Dollars ($5,000.00), whichever is greater, 

anticipated by the Association during the current year 

or succeeding two (2) fiscal years. 

A statement of the status and amount of any reserve 

or replacement fund and any portion of the fund designated 

for any specified project by the Executive Board. 

A statement of the financial condition of 

the Association for the last fiscal year. 

A statement of the status of any pending suits 

or judgments to which the Association is a party.

07:Al2 MIG/jlf 2/4/84 

Cv) 

A statement of the insurance coverage provided 

by the Association. 

(vi) 

A statement of any unpaid assessments due and 

payable to the Association, identifying the Unit and the 

amount of the unpaid assessment. 

Cc) 

To adopt and amend budgets and to determine, 

establish, and collect assessments against members to pay 

the Common Expenses of the Condominium. 

Cd) 

To use the proceeds of assessments in the exercise 

of its powers and duties. 

Ce) 

Common Elements. 

To maintain, repairs replace, and operate the 

Ct) 

To restore, replace and repair improvements as 

provided in the Declaration. 

(g) 

To establish and amend rules and regulations and 

reasonable penalties for infraction thereof. 

Ch) 

To enforce the provisions of the Declaration, these 

Bylawss the Act, and the rules and regulations established 

by the Board or Associations including recovery of monetary 

penalties and injunctions and including purchase of Units, 

in the name of Association, at foreclosure or other judicial 

sale. 

Ci) 

To obtain and maintain insurance as provided in the 

Declaration. - 

Ci) To contract for management of the Condominium and 

to delegate to such manager such powers and duties as the 

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07:A13 MIG/jif 2/4/84 

Executive Board shall determine, except such as are 

specifically 

required by the Declaration, these Bylaws, or the Act, 

to be done by the Board or the members, provided that no such 

contract shall be entered into for a period exceeding one 

Cl) year and shall provide, at a minimum, that it shall be 

terminable by the Association, for cause, upon thirty (30) 

days written notice. 

(Ic) 

To employ personnel for reasonable compensation to 

perform the services required for proper administration of 

the Association and for proper care and maintenance of the 


(1) To pay all Common Expenses. 

(in) 

To contract for such services for the Condominium 

as the Executive Board deems necessary or desirable. 

(n) 

To bring, prosecutes defend, settle and intervene 

in actions and lawsuits for and on behalf of itself, or on 

behalf of two (2) or more members, with respect to any cause 

of action relating to the Condominium the Common Elements or 

to more than one Unit. All costs and expenses incurred in 

connection with any such action or lawsuit, including 

settlement thereof, not paid by the opposing party or 

parties or the members benefited thereby, shall be a Common 

Expense. 

Co) To establish and dissolve and liquidate, from time 

to time, reserve accounts for any purpose. 

(p) 

To perform such other acts as may be delegated to 

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the Association or Executive 

the Declaration, these Bylaws, or 

Board by applicable statutes, 

the Act, and to perform 

such other acts as may be incident to or necessary 

performance of the foregoing. 

To borrow money for the repair, replacement. 

in the 

maintenance and reconstruction of Common Elements, 

and to 

pledge and pay assessments, and any and all other revenue 

and income for such purpose. 

To buy Units, in foreclosure of an assessment lien 

or at any other time or for any other reason and to sell, 

lease, mortgage, and otherwise deal in Units from time to 

time owned by the Association. 

To impose from time to time, and collect, reasonable 

rates, fees and charges for the use, rental or operation of 

recreational facilities, if any, and other amenities forming 

a part of the Common Elements, and the other Common Elements 

other than Limited Common Elements. 

Ct) To grant leases, licenses and concessions not to 

exceed one (1) year and utility easements through and over 

the Common Elements; provided however, that after conveyance 

to Unit Owners other than Declarant or an affiliate of 

Declarant of Units to which more than fifty percent (50%) of 

the voting power is allocated, the Association may by resolution 

of the members at a meeting duly called for such purpose 

grant leases, licenses and concessions in excess of one (1) 

year and easements through and over the Common Elements. 

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07:A15 MIG/jif 2/4/84 

(u) 

To impose and collect reasonable charges, including 

attorneys' fees, for the evaluation, preparation and recordation 

of amendments to the Declaration, preparation of resale 

certificates required by Section 448.4-109 of the Act, or 

statements of unpaid assessments. 

Cv) 

To provide for indemnification of the Association's 

officers and directors and maintain officers' and directors' 

liability insurance. (448.3-102 (13)). 

To assess against any Unit owner who fails or 

refuses to make any payment of the Common Expenses when due, 

the amount thereof, together with a late charge of Ten 

Dollars ($10.00) per month after the 10th day of the month 

in which the payment becomes due. 

To assess, after notice and an opportunity to 

heard, levy reasonable fines for violations of the Act, 

be 

the 

Declaration, these Bylaws, or the rules and regulations of 

the Association. 

To keep financial records sufficiently detailed to 

enable the Association to comply with Section 448.3-118 of 

the Act. 

ARTICLE V. 

OFFICERS 

5.1 Designation of Officers: The officers of this Association 

shall be a President, a Vice-President, a Secretary, an 

Assistant Secretary. and a Treasurer. Each officer, except the 

Assistant Secretary and except those who hold office pursuant 

to Section 5.3 beyond their term as Director, shall be a member 

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07:A16 MIG/jlf 2/4/84 

of the Executive Board. A person may hold one or more of such 

offfces at one time, except that the President shall not at the 

same time hold another office in the Association. 

5.2 Election of Officers: Each officer of the Association 

shall be elected at the organization meeting of the Executive 

Board as provided in Article IV hereof, except that the first 

Board of Directors shall elect its officers as soon as practicable 

after filing of the Declaration. 

5.3 Term: Each officer shall serve until the next meeting 

at which Directors are elected after the organization meeting at 

which he is elected, and until his successor has been duly 

elected and has qualified, except that the officers elected by 

the first Executive Board shall serve until their respective 

successors have been elected and qualified. 

5.4 Removal: Any officer may be removed, with or without 

cause, and without notice, by a majority vote of the Directors at 

any meeting of the Executive Board. 

5.5 Vacancy: Any vacancy in any office shall be filled 

by the Executive Board, and an officer elected to fill a vacancy 

shall serve for the unexpired term of his predecessor in office, 

and until his successor has been duly elected and has qualified. 

5.6 Powers and Duties of Officers: 

(a) President. The President shall be the chief 

executive officer of the Association. He shall have all of 

the powers and duties that are usually vested in the office 

of the President of a corporationi including, but not 

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07:A].7 MIG/jlf 2/4/84 

limited to, the duty to preside at all meetings of the Executive 

Board and of the members at which he is present, and 

the general supervision over other officers in the management 

of the business and affairs of the Association- He shall 

see that all actions and resolutions of the Executive Board 

are carried into effect. 

(b) VicePresident. The VicePresident shall perform 

such duties of the President as shall be assigned to him by 

the President, and in the absence of the President shall 

perform the duties and functions of the President. 

Cc) Secretary. The Secretary shall keep the minutes of 

all proceedings of the Directors and the members. He shall 

attend to the giving and serving of all notices required by 

law. He shall keep the records of the Association except 

those of the Treasurer, and shall perform all other duties 

incident to the office of a secretary of a corporations 

and as may be required by the Directors or the President. 

Cd) Assistant SecretarY. The Assistant Secretary shall 

perform such duties of the Secretary as shall be assigned to 

him by the Secretary or President, and in the absence of the 

Secretary shall perform the duties and functions of the 

Secretary. 

Ce) Treasurer. The Treasurer shall have custody of all 

intangible property of the Association, including funds, 

securities and evidences of indebtedness. Me shall keep the 

books of the Association in accordance with good accounting 

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07:A].8 Plic/jlf 2/4/84 

practices and principles, and shall submit them, together 

with all his vouchers, receipts. records, and other papers 

to the Directors for their examination and approval, as 

often as they may require. He shall deposit all moneys and 

other valuable effects in the name of or to the credit of 

the Association in such depositories as may be designated 

from time to time by the Executive Board, shall disburse the 

funds of the Association as ordered by the Executive Board, 

and shall perform all other duties incident to the office of 

a treasurer of a corporation. If a managing agent or 

manager be employed, the Executive Board may designate 

some or all of the foregoing functions to be entrusted to 

him or it, subject to overseeing control by the Treasurer. 

5.7 Execution of Agreements. etc.: All agreements. contracts, 

deeds, mortgages. or other instruments shall be executed 

by any two (2) officers, or by such other person or persons as 

may be designated from time to time by the Executive Board. 

5.8 Compensation of Officers Restricted: No officer of 

the corporation shall receive compensation for his services in 

such capacity, but may be reimbursed for outofpocket expenses 

incurred in performing his duties. 

5.9 Additional Officers: The Executive Board may from time 

to time elect such other officers and designate their powers and 

duties as it, in its discretion, shall find to be required or 

desirable to manage the affairs of the Association. Such additional 

officers need not be Directors, but must be members of the

O7Al9 MIG/jIf 2/4/84 

Association. 

AR TICLE VI. DIRE CTORS ' AND OFFICERS' INDEMNITY 

The Association shall indemnify 

expenses and liabilities, in 

such manner, under such circumstances, 

and to such extent, as 

such persons, for such 

permitted by Section 448.3-102 

(13) of the Act, as now enacted or hereafter amended. 

ARTICLE VII. 

FISCAL MANAGEMENT 

7.1 Depository: The depository of the moneys of the 

Association shall be such bank or banks as 

from time to time 

shall be designated by the Executive Board. Withdrawal of 

moneys from such depository 

any two (2) officers of 

shall be only by checks signed by 

the Association, or any other persons 

as may from time to time be authorized by the Executive 

Board. 

7.2 Records of Association: The books, accounts, and 

records of the Association shall be open to 

inspection and 

examination by any member of the Association and any Security 

Holder at all, reasonable times. 

7.3 Fidelity Bonds: Fidelity bonds shall be required by 

the Executive Board in accordance with the 

Declaration. 

Expense. 

provisions of the 

The premiums on such bonds shall be a Common 

7.4 Payment Vouchers: Payment Vouchers shall be approved 

by the Executive Board unless such authority to approve the 

same has been delegated to any 

Executive Board. 

- 19 - 

officer or manager by the 

a121

07:A20 MIG/jlf 2/4/84 

7.5 Fiscal Year: The fiscal year of the Association 

shall be the calendar year: provided that the Directors, from 

time to time, by resolution, may change the fiscal year to 

some other designated period. 

ARTICLE VIII. ASSESSMENTS 

B.). Obliqation f Member3 to Pay Ase ssments Amount of 

Levy: Until the Association levies a Common Expense assessment, 

Declarant shall pay all accrued expenses of the Condominium. 

Thereafter, each Unit Owner shall be severally liable for the 

Common Expense that are levied against his Unit while a Unit 

Owner. 

Each Unit shall be assessed in accordance with that 

Unit's Allocated Interest. 

8.2 Allocation o Common Surplus: Any common surplus 

shall be allocated to each Unit in accordance with its Allocated 

Interest, and shall be owned by the Unit Owner of that Unit 

and credited against that Unit's proportionate share of Common 

Expenses subsequently assessed. 

8.3 PreDaratiori Sudcet arid Lvyinc of Aase5Tent: 

least once each fiscal year, beginning with the fiscal year 

beginning January 1, 1985, the Executive Board shall prepare 

and adopt a budget for that fiscal year, including therein 

estimates of the amount necessary to pay the Common Expenses 

together with amounts considered necessary by the Executive 

Board for reserves. After preparation and adoption of each 

such budget, the Executive Board shall provide each member 

with a copy and shall give each member notice of the assessment 

- 20 - 

At

07:A2l MIG/jlf 2/4/84 

made against that member's Unit based upon 

the interest to be charged on delinquent 

The assessment shall be deemed levied upon 

such budget and of 

payments thereof. 

the giving of such 

notice; provided, however, that the first budget after creation 

of the Condominium shall be prepared and adopted by the first 

Executive Board only for the balance of the then fiscal year 

of the Association, shall be prepared and adopted as soon as 

practicable after such creation, and notice of the amount of 

the assessment against each Unit for 

such balance of the 

fiscal year shall be given by the Executive Board or 

to each member as soon as 

Declarant 

practicable after adoption of such 

assessment and shall be deemed levied upon notice thereof 

given by the Executive Board or Declarant, and shall 

provided in Section 8.5 hereof. 

No capital improvement over Two Thousand 

be due as 

Five Rundred 

Dollars ($2,500.00) or increase in the annual assessment by 

the Executive Board in any one year of over 

10% above the 

previous years assessment plus the amount of any increased 

Real Estate Tax assessment may be made without the consent of 

at least sixty-seven (67) percent of the Units. 

8.4 Assessment A Lien: Every assessment shall constitute 

a lien upon each Unit assessed from the date the assessment is 

levied prior to all other liens except only Ci) tax liens, 

including special assessments, in favor of any taxing or 

assessing authority, (ii) all sums unpaid on any First Mortgage 

against the Unit, and (iii) liens and encumbrances recorded 

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07:A22 MIG/jif 2/4/84 

recorded before the recordation of the Declaration. 

8.5 Payment of Assessments: Assessments shall be 

payable when notice thereof is given. 

quent if paid at the times 

Executive Board in each such notice. 

are specified. 1/12th of 

Reserve Fend for Replacements. 

but shall not be delin-< 

and in the amounts specified by the 

If no times and amounts 

the assessment shall be paid on or 

before the first day of each month of the fiscal year of the 

Association. 

Payment shall be made to the Association, or as 

the Executive Board may from time to 

time otherwise direct. 

8.6 Lien After Foreclosure: When ownership of a unit is 

transferred by foreclosure, under 

the remedies provided in any 

Deed of Trust the lien of any unpaid assessments as to the 

Unit shall be discharged and paid by the mortgagee. The Unit 

and Unit Owner acquiring title 

a Deed of Trust shall be 

under the remedies provided in 

subject only to the lien of assessments 

which become due after such transfer of title. Nothing in 

this paragraph shall be construed as a 

waiver or release of 

the obligation of the former owner to pay the delinquent 

assessments. 

8.7 Maintenance Fund and Reserves: All sums collected 

by the Association from assessments shall be accounted for as 

follows: 

(a) 

To this fund 

shall be credited all sums collected or set aside for the 

purpose of effecting replacements of structural elements, 

and other Common Elements of the Condominium. 

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07:A23 MIG/jif 2/4/84 

(b) 

General ODeratinc Reserve Fund. 

To this fund 

shall be credited all sums collected to provide a reserve 

for purpose of providing a measure of financial stability 

during periods of special stress, and may be used to meet 

deficiencies from time to time as a result of 

delinquent 

payments of assessments and other contingencies. 

- (c) Maintenance Fund. To this fund shall be 

credited collections of assessments for all Common 

Expenses for the current year as well as common profits 

and surplus from the previous year, and not to be credited 

to either of the above reserve funds; 

provided that if 

this Condominium shall be located in the unincorporated 

area of St. Louis County, Missouri, a sum equal to two 

percent (2%) of the amount allocated to the maintenance 

fund shall be reserved for the repair, operation and 

maintenance of storm water control easements, including 

all underground and aboveground facility pipes used in 

connection therewith and access easements to such 

storm water control easements. 

The reserve fund for replacements shall be established by the 

Executive Board and shall be funded by regular installments 

rather than by extraordinary special assessments. 

The reserve 

funds described above shall be maintained only in such amounts 

as deemed necessary or desirable by the Executive Board, 

subject, however, to the preceding sentence. 

To the extent 

maintained, funds therein shall be held in such accounts and 

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'B:03 MIG/jtf 2/4/84 

with such depositories as the Executive Board, in its discretion, 

selects. 

8.8 Special Assessments: In addition to the assessments 

levied as provided in Section 8.3, the Executive Board, in its 

discretion, may levy special assessments at such other and 

additional times as in its judgment are required for: 

Pair and Mai 

ce of Common E1eien 

Re ntenan s and 

Condominiums. 

Maintenance, repair and restoration of the 

Common Elements, and operation of the Condominium. 

ALterationS, Improvements and Additions to 


Alterations, improvements, and additions 

to the Common Elements; provided, however, that any such 

special assessment involving the expenditure of Five 

Thousand Dollars ($5,000.00) or more shall be first 

approved by the voting members of the Association representing 

at least sixtyseven (67%) percent of the total 

votes in the Association, at a special meeting called for 

such purpose. 

Curinq of Member's Default. 

Costs and expenses 

incurred in curing defaults of a member pursuant to 

Section 12 hereof. 

Special assessments made pursuant to this Section shall 

be deemed levied upon notice thereof being given to the 

members subject to 

such special assessment, and shall be 

payable as determined by the Executive Board and as set out in 

such notice. 

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07:A24 MIG/jlf 2/4/84 

iated 

8.9 Common Expenses Assoc W 

ith Limited Common Elements 

or Benefiting Less Than All Units: Any Common Expense associated 

with the maintenance, repair or replacement of a Limited 

Common Element shall be assessed against the Unit, or in equal 

shares to the Units, to which such Limited Common Element was 

allocated at the time the expense was incurred; provided that 

maintenance of parking spaces assigned as a Limited Common 

Element shall be considered a Common Expense Liability for the 

entire Codominium. In addition, the Association may assess any 

Common Expense benefiting less than all of the Units against 

the Units benefited in proportion to their Allocated Interest. 

8.10 Failure to Prepare B 

udoet arid Levy Annual Assessments 

Deficiencies in Procedure: The failure of the Executive Board to 

prepare or delay of the Executive Board in preparing any budget, 

and to levy or in levying assessments, shall not constitute a 

waiver or release of the members' obligation to pay assessments 

whenever the same shall be determined and levied by the Executive 

Board. 

Until a new assessment is levied by the Executive 

Board 

pursuant to Section 8.3 each member shall continue to pay the 

assessment previously levied pursuant to Section 8.3 in the same 

amount and at the same periodic times as levied, or as the 

Executive Board may otherwise advise in writing. Also , any 

deficiencies or inadequacies in the procedure followed by the 

Executive Board in levying an assessment shall not in any way 

affect its validity or the obligation of members to pay such 

- 25 - 

9v

07:A25 MIG/jlf 2/4/84 

assessment. 

8.11 Assessment Roll: Statement: 

set forth upon a roll of the 

the office of the Association 

8.12 Default and nforceent: 

All assessments shall be 

Units, which shall be available in 

for inspection at all reasonable 

times by members and Security Holders, and their duly authorized 

representatives. Such roll shall include, for each Unit, the 

name and address of the 

member or members, all assessments 

levied, and the amount of all assessments unpaid. The Association, 

upon written request, shall furnish to a Unit Owner, or his 

authorized agent, a recordable 

amount of unpaid assessments 

The statement shall be furnished 

after receipt of the request and 

Association and all Unit Owners. 

fee may be charged by the 

statement setting forth the 

currently levied against his Unit. 

within ten (10) business days 

shall be binding upon the 


installment thereof, remains delinquent 

For such statement a reasonable 

If any assessment, or 

for ten (10) days, then 

that assessment, and all other assessments then a lien against 

that Unit, may be declared by the Executive Board to be immediately 

due and payable in full, with 

and may be foreclosed by the 

Section 448.3-116 of the Act. 

interest, without further notice, 

Association in the manner provided by 

8.13 Interest on Delinquent Assessments: Assessments, or 

installments thereof, paid before 

they become delinquent shall 

not bear interest. All delinquent assessments in addition to the 

late charges provided in 

Article 4.17(w) shall bear interest at 

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07:A26 MIG/jif 2/4/84 

the rate set forth in the notice levying the assessment, not 

exceeding the rate of interest allowed by 

ARTICLE IX. SUBDIVISXON , CONVERSION1 RELOCATION 

ANC ALTERATION OF UNITS 

ARTICLE X. COMPLIANCE, ENFORCEMENT, 

FINES AND PENALTIES 

the Act, (18%) from 

the date delinquent until paid. (Section 448.3-115.2) All 

payments upon account shall be applied 

first to interest and 

then to the assessment, or installment thereof, longest delinquent. 

8.14 Rates, Fees and Charges: All rates, fees, charges, 

fines and penalties imposed by the Executive 

from, any member or Unit may be 

assessment. 

Board against, or due 

collected and enforced as an 

9.1 Prohibition: No Unit Owner may subdivide or convert, 

relocate the boundaries of, or alter, his Unit. 

10.1 Compliance: Each Unit Owner, Occupant and Security 

Bolder, shall be governed by and shall comply with the terms, 

conditions, obligations, and provisions of the Act, the Declaration, 

the Articles, these Bylaws, and the 

rules and regulationst as the 

same may be amended from time to time. 

10.2 Default and Remedies. A default in or failure to comply 

with any of the terms, conditions, 

of the Act, the Declaration, these Bylaws, or the 

obligations, and provisions 

rules and 

regulations, as the same may be amended from time to time, by any 

Unit Owner or Occupant, shall be grounds for relief that may 

include, without intending to limit the same or to 

constitute an 

election of remedies, an action to recover fines and penalties for 

- 27 -

07:A27 MIG/jlf 2/4/84 

such default or failure as 

due for damages, an injunction, or 

which relief may be sought by the 

by any one or more aggrieved 

determined by the Executive Board, sums 

any combination thereof, and 

10.3 Notice of Default and Failure to Cur. 

I emedy f in Addition to Other Remedies; 

Association or, if appropriate, 

members, or both. 

Also, if any member 

fails to perform any obligation under the Act, the Declaration. 

these Bylaws. or such rules and regulations then the Association 

may, but is not obligated to, perform the same for 

the member's 

account, and for such purpose may enter upon his Unit, may make 

necessary repairs, advance expenses or other sums necessary to 

cure the default, and 

for such expenses and costs may levy a special 

assessment against the Unit owned by such defaulting member. 

of any such default or failure, the 

serve upon or mail to the 

that member's Unit, a written 

default, the cure thereof, and the 

shall be effected. 

notice, the defaulting member may cure 

0.4 R Abatement 

In the event a member fails to effect 

In the event 

Executive Board shall promptly 

defaulting member, and each Mortgagee of 

notice specifying the nature of the 

time within which the cure 

Within the time limit specified in the 

Executive Board in the notice of default, 

in such notice, where the default 

the default specified. 

the cure specified by the 

within the time specified 

is a structure, thing, or 

condition existing in or on the premises of the member's Unit. the 

Board, or its duly authorized 

upon obtaining an order from a 

enter upon the premises of the 

- 28 - 

representative, shall have the right 

court of competent jurisdiction to 

member's Unit in which, on which,

07:A28 MIG/jlf a/4/84 

or as to which, such default exists, and to abate and remove at 

the defaulting member's expense 

the structure, things or condition 

the Executive Board, the Association, 

10.5 Secover of Attorneyst Fees 8nd Cos 

(and levy an assessment therefor), 

constituting the default, and 

and their agents, employees, 

and representatives shall not thereby be deemed guilty of any 

manner of trespass. 

ts: 

In any proceeding 

arising because of an alleged default by a member, the prevailing 

party shall be entitled to recover the costs of such proceeding 

and such reasonable attorneys' fees as may be allowed by the 

courts with interest thereon at eight percent (8%) per annum from 

the dates such costs are incurred until paid. 

10.6 Nonwaiver of Covenants: The failure of the Association 

or of any member thereof to enforce any term, provision, right, 

covenant, or condition that may be 

these Bylaws, the rules and regulations 

may from time to time be amended, 

granted by the Declaration, 

of the Act, as the same 

shall not constitute a waiver 

or abrogation of the right of the Association or a member to 

enforce such term, provisions rights covenant, or 

futures irrespectivce of the number of 

thereof that may have occurred. 

condition in the 

violations or breaches 

10.7 Assessment Lien: Assessment liens shall be enforced 

pursuant to Article VIII hereof and not pursuant to this Article X. 

ARTICLE XI. 

AMENDMENT 

An amendment to these Bylaws shall be made and approved in 

the manner set forth in Section 448.2-117 of the Act by the Units, 

- 29 -

07:A29 MIG/jlf 2/4/84 

and once made, shall become effective 

manner and place as an amendment 

ARTICLE XII. 

GENERAL PROVISIONS 

when recorded in the same 

to the Declaration. 

12.1 Rules and Regulations: The Executive Board may promulgate 

from time to time such rules 

reasonable and necessary governing the 

and regulations as it deems 

operationi and use of the Common Elements so as to 

administration, management, 

promote the 

common use and enjoyment thereof by Unit Owners and Occupants and 

for the protection and preservation thereof. 

In addition the Executive Board may 

regulations as it deems reasonable and necessary 

adopt such rules and 

with respect to 

Units to provide for the common good and enjoyment of all Unit 

Owners and Occupants, including: 

without limitation, the right to 

adopt such rules and regulations with reference to children, 

animals and leases. 

time establish penalties for infraction 

of such rules and regulations. 

Also, the Executive Board may from time to 

Copies of all such rules and regulations and any amendments 

thereto shall be furnished to all members, and a copy shall be 

posted or otherwise made available to members at 

the office of the 

Association. However, failure to furnish or post such rules or 

regulations shall not affect in any way their validity or enforceability. 

Any such rule or regulation adopted by the Executive 

Board may be amended, modified, or 

rules and regulations may be adopted, 

or special meeting of the members. 

shall control over any contrary 

- 30 - 

revoked, and new and additional 

by the members at an annual 

Any such act of the members 

rule or regulation then or thereafter

07:A30 MIG/jlf 2/4/84 

adopted by the Board. All rules and regulations shall be equally 

and uniformly applicable to all Unit Owners, Occupants and Units, 

but need not be equally uniformly applicable if it is determined 

that such unequal or nonuniform application is in the best interest 

of the Association or if equal and inifor application is not 

pra cticable. 

12.2 Parliamentary Authority: Robert's Rules of Order, 

Newly Revised, shall goven the conduct of Association proceedings 

when not in conflict with the Declaration, these Bylaws, the Act 

or any statutes of the State of Missouri applicable thereto. The 

chairman of the meeting shall have the authority to appoint a 

parliamentarian if he deems it necessary. 

12.3 Compliance with the Act: Conflict: Severability: 

These Bylaws are established in compliance with the Act. Should 

any of the terms, conditions, provisions paragraphs, or clauses 

of these Bylaws conflict with any of the provisions of said Act, 

the provisions of said Act shall control. In the case of any 

conflict between the provisions of these Bylaws and the Declaration, 

the Declaration shall control. 

If any such term, provisions limitation, paragraph or clause 

of these Bylaws or the application thereof to any person or 

circumstance, is judicially held to be invalid, such determination 

shall not affect the enforceabilitys validity, or effect of the 

remainder of these Bylaws 

or the application thereof to any 

other person or circumstance. 

12.4 Interpretation of Bylaws: Whenever appropriate the 

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07:301 M1G/jlf 2/4/84 

singular number may be read as the plural: and the plural may be 

read as the singular. The masculine gender may be read as the 

feminine gender or as the neuter gender. Compound words beginning 

with the prefix here" shall be read as referring to this entire 

set of Bylaws and not merely to the part of it in which they 

appear. 

The undersigned, the duly elected and acting Secretary 

of the Association, hereby certifies that the foregoing Bylaws 

have been duly adopted by the Association, and are in full force 

and effect as of the date hereof. 

FERN RIDGE 

CONDOMINIUM ASSOCIATION 

By 

Benton Taylor 

Secretary 

Dated: 

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07:302 MIG/jlf 2/4/84 

EXHIBIT £ 

ST. LOUIS COUNTY, MISSOURI, ADDENDUM 

The Association and its Executive Board and Unit 

Owners shall comply with all lawful ordinances, rules and 

regulations of St. Louis County, Missouri, or any municipality 

of which the Property may subsequently become a part, including, 

but not limited to, those affecting maintenance of private 

roadways, islands, sidewalks, street lights, open areas and 

recreational facilities and drainage facilities. 

No above-ground structure other than required street 

lights may be erected within a cul-de-sac, divided street, 

entry way, island or median strip without written approval of 

St. Louis County Department of Highways & Traffic. 

Where the provisions of this Declaration and Bylaws 

cannot be fulfilled by reason of unfilled vacancies among the 

Executive Board, the County Council may, upon the petition of 

any concerned Unit Owner of the Condominium, appoint one or 

more Directors to fill vacancies until such time as Directors 

are selected in accordance with this Declaration and Bylaws. 

Any person so appointed who is not a Unit Owner shall be 

allowed a reasonable fee for his services by the order of 

appointments which fee shall be realized as a Common Liability 

Expense of the Condominium and which shall not be subject to 

any limitations on special assessments contained in this 

Declaration and Bylaws or elsewhere.

Recorded 3-19-84, St. Louis County 

Book 7596, Page 1539 

Plat Book 226, Page 19 

EXHIBIT 1 

DECLARATION OF CONDOMINIUM AND BYLAWS 

FERN RIDGE 

OF 

CONDOMINIUM 

THIS DECLARATION, is hereby made and executed by TAYLOR- 

MORLEY-SIMON, INC., a Missouri corporations 

to as "Declarant"). 

WITNESSETH: 

WHEREAS, Declarant is the owner in fee simple 

(hereinafter referred 

of property 

(the "Property") situated in St. Louis County, Missouri, described 

as follows: 

'A complete legal description of the Property 

and incorporated herein by reference and 

"A".A Plat of the Condominium is attached and 

by reference and marked as Exhibit 

"B." 

is attached 

marked as Exhibit 

incorporated 

WHEREAS, Declarant intends that the Property5 together with 

all buildings, improvements and appurtenances 

hereafter located thereon, including 

condominiums, and all other facilities 

provisions of the Uniform Condominium 

of Missouri, as contained in Chapter 

Revised Statutes. 

NOW THEREFORE, the Declarant 

ARTICLE I. 

of whatsoever kind 

buildings divided into 

shall be submitted to the 

Property Act of the State 

448 thereof, Missouri 

declares as follows: 

DEFINITIONS 

The following terms, as used herein or 

condominium documents relating to 

Fern Ridge 

CONDOMINIUM unless otherwise provided, are 

elsewhere in any 

defined 

a5:

''A2 MIG/jlf 3/14/84 

1.1 Act: The Uniform Condominium Act, Chapter 448 of the 

laws of the State of Missouri, 1983. 

1.2 Allocated Interest: The interest of each Unit Owner 

in the aggregate in interest of the undivided ownership of the 

Common Elements and Common Expense Liability, the percentage 

interest attributed to each being set forth in Exhibit "C" 

annexed hereto and incorporated herein by this reference, determined 

on the basis of the ratio of the size of each unit to the 

total square footage of all units of the Condominium. The 

percentage so assigned may be changed as a result of increase or 

decrease in the number of units or by adding additional property 

to the Condominium. 

1.3 Association: The Unit Owners Association shall be an 

unincorporated association or such other entity as subsequently 

authorized by the Unit Owners as provided in Section 448.3-101 of 

the Act. 

1.4 Bylaws: The Bylaws of the Association annexed hereto as 

Exhibit "D" and incorporated herein by this reference. 

1.5 Common Elements: All portions of the Condominium other 

than the units as defined in the Declaration. 

1.6 Common Expenses: Expenditures made by or financial 

liabilities of the Association, together with any allocations to 

reserves 

1.7 Common Expense Liability: That portion of the cost of 

maintaining, repairing and managing the Property including Limited 

Common Elements which is to be paid by each Unit Owner, the 

-2-

'A3 MIG/jlf 2/4/84 

percentage of such cost to be paid by each being the Allocated 

Interest attributed to each Unit. 

The percentage so 

assigned may be changed as a result of an increase or 

decrease in the number of units contained in the Condominium. 

1.8 Condominium: Real estate, portions of which are designated 

for separate ownership and the remainder of which is 

designated for common ownership solely by the owners of those 

portions. 

1.9 Declarant: Taylor-Morley-Simon. Inc. or its successors 

or assigns. 

1.10 Declaration: This instrument by which the Property 

is submitted to the provisions of Chapter 448, Missouri Statutes, 

as hereinafter provided1 and by such Declaration as from time to 

time amended. 

l.]4_Declarant Control Period: Subject to provisions set 

forth in Section 11.1, the period commencing on the date hereof 

and continuing until the earlier of (i) the date two (2) years 

after the date of the first conveyance of a unit to a Unit 

Owner other than a Declarant, or (ii) the date upon which Declarant 

surrenders control of the Condominium, or Ciii) the date sixty 

(60) days after the Declarant has conveyed seventy-five percent 

(75%) of the units to Unit Owners other than a Declarant. Within 

sixty (60) days after the conveyance of twenty five percent (25%) 

of the units, not less than one member of 

the Executive Board 

shall be elected by the Unit Owners other than the Declarant. 

Upon conveyance of fifty percent 

-3- 

(50%) of the Units, not less

'A4 MIG/jlf 2/4/84 

than one-third (1/3) of the Executive Board shall be elected by 

the Unit Owners other than the Declarant. 

1.12 Development Rights: The right, or combination of 

rights reserved by the Declarant to add real estate to the 

Condominium; to create units, common elements, or limited common 

elements within a Condominium; to subdivide units or convert 

units into common elements; or to withdraw the Property or any 

part thereof from the Condominium. 

1.13 Executive Board: The Board of Directors of the 

Association authorized to act on behalf of the Association. 

1.14 Limited Common Elements: Any shutters, awnings, window 

boxes, doorsteps, stoops, porches, balconies, 

patios and all 

exterior doors and windows or other fixtures designed to serve a 

single Unit, storage areas located in Buildings Nos. 1, 2, 6 and 8, 

parking spaces, if any, assigned under Section 15.14 of this 

Declaration, but located outside the Unit's boundaries, are 

Limited Common Elements allocated exclusively to that Unit. 

1.15 Majority of the Unit Owners: Means the owners of 

more than fifty percent (50%) 

in the aggregate of interest of all 

the Allocated Interests. 

1.16 Parcel: Means the Property and any additional property 

added by subsequent amendment to the Declaration, submitted to 

the provisions of the Act. 

1.17 Person: Means a natural individual, corporation, 

partnerships trustee or other legal entity capable of holding 

title to real property. 

1.18 Plat: Means each and every plat of survey of the Pro- 

-4-

'A5 MIG/jif 2/4/84 

perty and all Units in the Property submitted to the provisions 

of chapter 448, Missouri Statutes, which may 

consist of a threedimensional 

horizontal and vertical delineation of all such 

Units, and shall include any additional portions of the Property 

added by subsequent amendment. 

1.19 Property: Means all the land, property and space, 

all improvements and structures erected, 

constructed or contained 

therein or thereon, including the buildings and all easements, 

rights and appurtenances belonging thereto, and all fixtures and 

equipment intended for the mutual use, benefit or enjoyment of 

the Unit Owners, submitted to the provisions 

of the Act and 

described in Exhibit "A" attached hereto. 

The Property includes 

Units, Common Elements and Limited common Elements, if any. 

1.20 Record: Means to record in the office of the Recorder 

of Deeds of St. Louis County , Missouri, wherein the 

Property is located. 

1.21 Unit: A portion of the condominium consisting of one 

Unit. Each Unit is designated and delineated on the Plat, and 

is designated by this Declaration for separate ownership. The 

boundaries of each Unit, both as to vertical and horizontal 

planes, are shown on the flat, are the undecorated surfaces 

of the perimeter walls facing the interior of the Unit, the 

undecorated surfaces of the ceiling facing the interior of the 

Unit, and the top most surfaces of the subflooring, and includes 

the decoration on the surfaces of such perimeter walls, ceilings 

and subflooring, including1 without limitation, all paneling, 

tiles, wallpaper. paint, finished flooring and any other materials 

-5- 

0

'A6 MIG/jlf 2/4/84 

constituting any part of the decorated 

includes all spaces, interior 

improvements within such boundaries. 

ARTICLE 

surfaces thereof, and also 

partitions and other fixtures and 

1.22 Unit Owner: The person or persons. individually or 

collectively, who have taken fee simple ownership of a Unit. A 

person is defined as a natural person1 

or other legal entity 

partnerships corporations 

capable of holding title to real property. 

1.23 Votes: Each Unit shall have one (1) vote to be 

exercised as provided in the Declaration and Bylaws. 

1.24 Special Deciarant Rights: Means rights reserved for 

the benefit of the Declarant to complete improvements indicated 

on Plat and plans filed with 

Development Rights: to maintain sales 

signs advertising the Condominium, and 

through the Common Elements for the purpose 

of making improvements 

within the Condominium or 

added to the Condominium: to make the 

master association; or to appoint or remove 

Association or any master association, or any 

member during the Declarant Control 

II. 

this Declaration; to exercise any 

offices, management offices, 

models: to use easements 

within the Property which may be 

Condominium subject to a 

Period. 

SUBMISSION OF THE PROPERTY TO 

any officer of the 

Executive Board 

THE ACT 

2.1 Submission: peclarant hereby submits the Property to 

the Act and this Declaration. 

2.2 Name: The Property shall hereafter be known as: 

FERN RIDGE 

CONDOMINIUM

'A7 MIG/jif 2/4/84 

ropery Into SeEa 

y Owned 

2.3 Division of P ratel Units: 

Declarant, pursuant to the Act and to establish a plan of condominium 

ownership for the Units does hereby divide the Property 

into Units and does hereby designate such Units for separate 

ownership. The Units are contained in eight (8) buildings and 

are shown on Exhibit B. 

2.4 Identification of Units: Units (including storage 

rooms, if any, allocated to such 

Units) in the buildings located 

on the Property have been 

legally described on the Plat for 

Buildings Nos. 1 and 5. The Units for Buildings Nos. 2, 4, 6, 7 

and 8 shall be described on such additional Plats to be recorded 

by Declarant. Every deed, lease, mortgage or other instrument 

may legally describe a Unit by its identifying number or symbol 

as shown on the Plat and as set forth in the Declaration, and 

every such description shall be deemed good and sufficient for 

the purposes and shall be deemed to convey, transfer, encumber 

or otherwise affect the owner's corresponding Allocated Interest, 

even though the same is not expressly mentioned or described 

therein. The description of each Unit shall include all rights 

and privileges of said Unit, along with storage units, if any. 

Each Unit Owner shall be entitled to the Allocated Interest 

appertaining to his Unit as computed and set forth in this 

Declaration pursuant to Section 448.2-107 of the Act. 

2.5: No Unit Owner shall own any pipes. wires, conduits, 

public utility lines, sanitary sewer lines or structural components 

running through his Unit and serving more than his Unit except to 

the extent of his Allocated Interest. 

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''A8 MIG/jlf 2/4/84 

2.6 Limited Common Elements: 

The Limited Common Elements, if any, serving or 

designed to serve each respective Unit are hereby allocated 

solely and exclusively to each Unit. 

In addition to the Limited Common Elements as 

defined in Section 448.2-102 of the Act, 

Limited Common 

Elements shall also include the items set forth in Section 

1.14 of this Declaration. 

2.7 Covenants Against Partition: As provided in Section 

448.2-107.5 of the Act, the Common Elements are not subject to 

partition. and any purported conveyance, encumbrance, judicial 

sale, or other voluntary or involuntary transfer of an undivided 

interest in the Common Elements made without the Unit to which 

that interest is allocated, is void. Nothing contained herein 

shall prevent partition of a condominium between co-owhers, if a 

co-owner has legal right thereto, except that any such partition 

shall not be in kind. 

2.8 Condominium Ordinances: The Condominium is not subject 

to any ordinance of the 

County of St. Louis 

Missouri, 

which is not also imposed upon physically similar developments 

under different forms of ownership. This statement is made 

pursuant to Section 448.1-106 of the Act for the purpose of 

providing marketable title to the Units of the Condominium. 

2.9 Location: The Condominium is located in St. Louis 

County 

Missouri. 

2.10 Unit Allocations: The Allocated Interest in the Common 

Elements and in the Common Expenses of the Association as set 

-8-

'A9 MIG/jif 2/4/84 

forth in Exhibit "C" attached hereto and hereby 

made a part hereof. 

2.11: The Declarant reserves the right to create a maximum 

92 Units within the Property. 

ARTICLE III. 

COMMON ELEMENTS 

3.1: Included in the Common Elements are: 

The Property, excepting the Units, and including 

parking facilities, driveways, parking areas not designated 

as Limited Common Elements, gardens, 

lawns and sidewalks. 

All electrical wiring throughout the Property, 

except that within Units: all pipes, wires, cables and 

conduits throughout the Property, except that within Units: 

all utility installations, sanitary sewer facilities, 

laundry facilities and connections for gas, sanitary sewer, 

electricity, light, water and plumbing except those within 

Units. Any such installation exclusively serving only one 

Unit, whether such installation is located wholly or partially 

within or outside said Unit, shall be considered as being 

"within" and being a part of said Unit which is exclusively 

served by such installation. 

The foundations, exterior walls and interior walls 

separating Units (excluding all wall coverings and glass 

surfaces), roofs, gutters, downspouts, common hallways to 

basements with access from common hallways and all other 

common portions of the Property not included within Units. 

Any auxiliary buildings, the swimming pool, recreational 

facilities, if any, and any other structures and 

facilities which may at any time be situated on the Property. 

-9-

'AlO tIIG/jlf 2/4/84 

Ce) 

The formula for determining the 

of each Unit Owner in the Common 

the basis of the ratio of the 

Allocated Interest 

Elements is determined on 

size of each Unit to the total 

square footage of all Units of the Condominium. 

ARTICLE IV. 

EASEMENTS 

4.1 Encroachment: Through construction, settlement or 

shifting of any building, should any part of the Common Elements 

encroach upon any part of a Unit, or should any part of a Unit 

encroach upon any part of the Common 

Elements or upon any other 

Unit, easements for the maintenance of any such encroachment and 

for the use of the space required thereby are hereby established 

and shall exist for the benefit of the Unit Owner or the Common 

Elements, as the case may be, for as 

PROVIDED HOWEVER, that no easement shall 

the encroachment is due to the 

Owners. 

long as encroachment exists, 

be created in the event 

willful conduct of the Unit 

4.2 Easements to Unit Owners: Perpetual easements are 

hereby established for all Unit Owners 

families, tenants, guests 

enjoyment of all Common Elements. 

Owner is hereby granted an 

and occupy any portion of any balcony, 

or terrace which adjoins 

in the Property, their 

invitees and servants, for use and 

In addition thereto, each Unit 

exclusive perpetual easement to use 

porch. exterior doorways 

his Unit and to which he has sole access, 

PROVIDED HOWEVER, that no Unit Owner shall enlarge, modify, improve, 

decorate or landscape any such balcony, porch or terrace 

without the prior written consent of the Executive Board. 

- 10 -

!AI1 MIG/jU /4/bi 

4.3 Easements in Gross: Each Unit Owner shall have 

an easement in common with the owners of the other Units to 

use all pipes, wires, ducts, 

lines, structural components and other 

cables, conduits, public utility 

Common Elements located 

in any of the other Units and serving his Unit. Each Unit 

shall be subject to an easement in favor of the owners of other 

Units to use the pipes, wires, ducts, 

cables, conduits, public 

utility lines, structural components and other Common Elements 

located in such Unit and serving other Units. The Executive 

Board, its appointees, employees or agentsi 

right of access to each Unit to inspect same 

and remove violations 

therefrom and to inspect, maintain, 

shall have the 

repair or replace the 

Common Elements contained wholly or partially therein. 

Property shall be subject to a perpetual easement 

Association, its appointees, employees or agents, 

and egress to perform its obligations 

this Declaration and Bylaws. 

to the 

The 

for ingress 

and duties required by 

Should it be necessary to enter a 

Unit to inspect and remove a violation or to inspect, maintain, 

repair or replace any Common Element, the appointees employees 

or agents of the Executive 

by exhibiting to the Unit 

Board. 

Board shall be entitled to entrance 

Owner or occupant an order from the 

Each Unit Owner and/or occupant of a Unit shall not 

unreasonably interfere with such necessary entry. 

Forced 

entry, deemed necessary by the Executive Board, shall not 

subject the Executive Board, its appointees, employees or 

agents to trespass, but any damage to the Unit as a

''AJ.2 

MIG/jlf 

2/4/84 

result of forced entry or as a result of any repair of a Common 

Element from within the Unit shall be 

Board as part of the Common Expense. 

or occupant shall fail to provide access 

repaired by the Executive 

In the event any Unit Owner 

to the Unit as herein 

provided1 the Executive Board shall (in addition to exercising 

other lawful remedies) obtain an order of court for such access, 

and the costs and reasonable attorney 

the Unit Owner or occupant. 

fees shall be taxed against 

4.4 Utility Easements: Easements, as shown on the Flat 

or as may be subsequently 

granted by Declarant or the Executive 

Board are established and dedicated for sanitary and storm 

sewers, electricity, gas, water, 

public utility purposes 

and telephones and for all other 

including the right to install, lay, 

maintain, repair and replace water mains and pipes, sewer lines, 

drainage, gas mains, telephone wires and equipment and electrical 

conduits and wires over, under, along and on the portions of the 


4.5 Effect of Easements: All easements and rights herein 

established shall run with the land and inure to the benefit of 

and be binding upon the Declarant, its successors or assigns 

any Unit Owner, purchasers mortgagee 

or other person having an 

interest in any portion of the Property herein described, whether 

or not such easements are 

conveyance. 

ARTICLE V. 

mentioned or described in any deed of 

UNIT OWNERS' RIGHTS AND RESTRICTIONS 

The use of the Units and Common Elements is 

- 12 - 

restricted as 

and

'A13 

PuG 

/jif 2/4/84 

follows: 

5.1 Residential Use: Each Unit is hereby restricted to 

residential use as a single family residence to be occupied by 

one (1) family, all members of which are related by blood or 

marriage. 

5.2 ownership by Entity: In the event that other than a 

natural person is a Unit Owner, said entity shall, prior to the 

purchase of such Unit, designate the person who is to be the 

permanent occupant of such Unit. 

Such entity shall not thereafter 

have the right to designate other persons as the occupants of 

such unit, whether in substitution of or in addition to the 

persons initially designated, except with the prior written 

approval of the Execute Board. 

All provisions of this instrument 

shall apply to such designated occupants as though they had title 

to such Unit and the entity owning such Unit shall be 

bound 

thereby. 

The provisions hereof shall not be applicable to any 

corporation formed or controlled by Declarant. 

ith 

and Rule 

5.3 Compliance w Declaration, Bylaws s and Requlations: 

Each Unit Owner and occupant shall comply with all applicable 

provisions of the Act, this Declaration, the Bylaws, and 

such rules and regulations as from time to time are promulgated 

by the Executive Board or the Association, as amended from 

time 

to time, and failure to comply with any such provisions and rules 

and regulations shall be grounds for an action by the Association, 

an aggrieved Unit Owner, or any person or class of persons adversely 

affected, for appropriate relief, including recovery of 

- 13 -

'Al4 MIG/jlf 2/4/84 

damages, injunctive relief, or both. 

5.4 Obstructions: There shall be no obstructions on any 

portions of the Common Elements nor any storage in the Common 

Elements without prior written consent of the Executive Board. 

No clothes, laundry or other articles shall be hung or 

exposed in 

any portion of the Common Elements or on or about 

the exteriors 

of the buildings. 

5.5 Maintenance of Condominiums: Each Unjt Owner shall 

maintain and keep his condominium in good order and repair and 

shall do nothing which will increase the rate of insurance on the 

building in which his condominium is situated or which would be 

in violation of law. 

5.6 Signs, Windows, etc.: No signs shall be hung or displayed 

on any Common Element or the inside or outside of windows, 

patio doors or placed on walls of any building or on any fences, 

and no awnings, canopy, shutter, or radio or television antenna 

shall be affixed to or placed upon an exterior wall or roof 

without prior written consent of the Executive Board. 

5.7 Animals: No animals, reptiles, birds, rabbits, livestock, 

fowl or poultry of any kind shall be kept, raised or bred 

in any portion of the property, except that one cat, one dog or 

two caged birds may be kept as a pet in a Unit, subject to the 

rules and regulations of the Executive Board and applicable law 

of the jurisdiction wherein said Condominium is located. 

Fish 

maintained in a household aquarium shall not be deemed to be 

"animals" as defined herein. 

Any pet creating a nuisance or 

- 14 -

'A15 

MIG 

unreasonable disturbance or noise (in 

Executive Board) shall be permanently 

5.10 Hazardou5 U5e and Waste: 

the sole judgment of the 

removed from the property 

upon written notice from the Executive Board. Any pet owner 

shall be responsible for complying 

to pets established by the 


5.8 Nuisances: No noxious or offensive 

activity as determined 

by regulations issued by the 

carried on in any Unit or in the Common 

with all regulations relating 

Executive Board shall be 

Elements, nor shall 

anything be done which will become an annoyance or a nuisance to 

other owners or occupants. 

5.9 Business Use: No business, trade, occupation or profession 

of any kind shall be conducted, 

maintained or permitted 

on any part of the Property nor without written authorization 

from the Executive Board, shall 

displayed by any owner or by any person. 

had been the holder of a deed of trust 

and who has acquired ownership 

the agent of any of them. 

kept in any Unit or the Common 

rate of insurance maintained 

"for sale" or "for rent" signs be 

firm or corporation who 

against any condominium 

thereof through foreclosure, or 

Nothing shall be done to or 

Elements that will increase any 

with respect to the Condominium 

without the prior written consent of the Executive Board. 

Unit Owner or occupant shall permit 

No 

anything to be done or to be 

kept in his Unit or the Common Elements that will result in the 

cancellation of insurance maintained with respect to the Condominium, 

or that would be in violation of any law, or that will 

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'1A16 MIG/jif 2/4/84 

result in the commitment of waste (damage, 

abuse or destruction) 

to or in his Unit or the Common Elements. 

5.11 Rules and Regulations: In addition to the foregoing 

restrictions, conditions and covenants concerning the use of the 

Condominium, reasonable rules and regulations not in conflict 

therewith and supplementary thereto may be promulgated and 

amended from time to time by the Executive Board or the Association, 

as more fully provided in the Bylaws. 

ARTICLE VI. 

ASSESSMENTS 

6.1 Assessment Liens: The Executive Board shall levy assessments 

against the Units for Common Expense Liability as established 

in the annual budget for operation of the Condominium, such 

assessments shall be a lien on the Units against which they 

are assessed, and if any payment thereof becomes delinquenti the 

lien may be foreclosed and the Unit sold, or a money judgment 

obtained against the persons liable therefor, all as set forth in 

the Bylaws. 

y for 

6.2 prohibition of Exempti or from Liabilit Contribution 

Towards Common Expenses: No Unit Owner may exempt himself from 

liability for his share of the Common Expense Liability assessed 

by the Association by waiver of the use of enjoyment of any of 

the Common Elements or by abandonment of his Unit. 

ARTICLE VII. MANAGEMENT, MAINTENANCE, REPAIRS 

ALTERATICN5 AND IMPR OVEMENTS 

7.1 Common Elements by the Association: The managementi 

maintenance, repair, alteration and improvement of the Common 

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'A17 ZIIG/jlf 2/4/84 

Elements shall be the responsibility 

cost thereof shall be a Common Expense. 

caused to a Unit by any work on or to the 

or for the Association shall be repaired by the 

the cost thereof shall be a Common 

of the Association, and the 

Expense. 

All incidental damage 

Common Elements dgne by 

Association, and 

7.2 Waiver of Claims: Anything herein to the contrary notwithstanding, 

the Association agrees that 

against a Unit Owner or occupant, and 

each Unit Owner and occupant 

agrees that he shall make no 

the member of the Executive Board, 

or employees or agents of any 

retained by the Executive Board or his or 

employees or agents, or other Unit Owners or 

loss or damage to any of the Property, or 

it shall make no claim 

claim against the Association, 

officers of the Association, 

thereof, or against any manager 

its officers, directors, 

occupants1 for any 

to a Unit or personal 

property therein, even if caused by the act or neglect of any one 

or more of such persons 

casualty insurance purchased by the 

due to a peril insured against by 

Association or by any Unit 

Owner or occupant to the extent of the insurance proceeds 

recovered under all such policies of 

claims, to the extent of such recovery, are 

released, provided, however, that this 

insurance, and all such 

hereby waived and 

waiver shall not apply to 

vandalism or malicious mischief and shall apply only during such 

time as the applicable policy or 

or endorsement to the effect 

shall not adversely affect or impair 

policies shall contain a clause 

that any such waiver and release 

said recover thereunder. 

The Association and each Unit Owner and occupant agree 

- 17 - 

that their

'AlS 

MIG jif 

1 2/4/84 

respective insurance policies shall contain 

endorsement, and each Unit Owner and 

such a clause or 

occupant shall furnish evidence 

reasonably acceptable to the Association of the existence 

of such a clause or endorsement. 

ARTICLE VIII. 

INSURANCE 

8.1 Insurance: Not later than the time of the first 

conveyance of a Unit to a person other than the Declarant, the 

Executive Board in its own name for the use and benefit of the 

Unit Owners shall be required to purchase and maintain fire and 

extended coverage insurance policies and if available an Nail 

risks endorsement" in amounts equal to the replacement value of 

all improvements and all personal property owned by the Condominium 

(with standard Mortgage Clause in favor of rnortgagees, if any); 

said insurance shall insure the Common Elements1 Limited Common 

Elements, common fixtures, equipment and personalty, the Units 

and common property of the Condominium: the policy of insurance 

shall insure members of the Executive Board, their agents and 

employees and the owners of all Units, against any liability, 

including medical payments to the public or to the owners, their 

invitees, tenants and any other persons who may be on the Property 

for any reason whatsoever, in the use of any Common Elements, the 

liability under which insurance shall be not less than One 

Million Dollars ($1,000,000 ) for any one person injured. One 

Million Dollars ($1,000,000) for any one accident, and Two 

Hundred and Fifty Thousand Dollars ($250,000) for property 

damage. the Executive Board is further authorized to purchase

''A19 MIG/jif 2/4/84 

any other insurance coverage in such reasonable amount as the 

Executive Board shall deem desirable. 

policies shall be a Common Expense 

common fund. 

Premiums for such insurance 

Liability to be paid from the 

Fire and extended coverage policies shall be 

written in the name of the Executive Board as 

of the Unit Owners in the Allocated Interests 

Declaration. 

cover Units with horizontal 

Trustees for each 

established in this 

Insurance maintained under this subsection shall 

betterments installed by Unit Owners. 

boundaries but not improvements and 

8.2 Insurance Certificate: The Executive Board upon 

written request shall issue a certificate of insurance to any 

Unit Owner, mortgagee or beneficiary under a deed of trust of 

said Unit Owner requesting same. 

the standard mortgagee clause naming the 

additional insured and shall contain a 

cancellation notice which shall be given to 

each Unit Owner and each mortgagee or 

trust to whom a certificate of 

to any cancellation of said insurance. 

the "special condominium endorsement," 

of any insurance trust agreements 

to subrogation against Unit 

Said certificate shall contain 

mortgage holder as an 

minimum ten (10) day 

the Executive Board, 

beneficiary under a deed of 

insurance has been issued, prior 

Said policy shall contain 

shall provide recognition 

shall contain waiver of rights 

Owners, shall provide that said 

insurance coverage is not to be prejudiced by any act or neglect 

of an individual Unit Owner or Unit Owners which is not within 

the control of the Unit Owners 

that said policy is primary in the event 

- 19 - 

collectively and shall provide 

that any Unit Owner has

'A20 MIG/jlf 2/4/84 

coverage for the same loss. 

INSURE THE CONTENTS OF ANY UNIT OR ANY 

ADDED TO A UNIT. 

THE POLICIES, HOWEVER, SHALL NOT 

IMPROVEMENTS OR FIXTURES 

8.3 Appointment of Trustee: Declarant, itt consideration of 

the funds loaned to it and in 

consideration of loans which may 

hereafter be made by various lenders to Declarant and to Unit 

Owners, does herewith, on behalf of itself, and the future Unit 

Owners of this Condominium, irrevocably 

the Executive Board, the true and 

constitute and appoint 

lawful insurance trustee to 

receive the proceeds of all fire and extended coverage 

losses and does herewith require 

insurance 

of the Executive Board that the 

said Board, on purchasing any fire and extended coverage policy 

or policies, shall notify the insurance 

make all loss proceeds payable to the said trustee. 

carriers in writing to 

The said 

trustee shall have full power and authority to adjust and collect 

all losses and to reimburse itself for 

such adjustment or collection. 

required to, consult with the Unit Owners. 

have full power and authority to execute 

on its own behalf and on 

reasonable expenses for 

The trustee may, but shall not be 

The trustee shall 

all documents necessary 

behalf of the named insureds and to 

endorse all checks and drafts on its own behalf 

the named insureds. 

and on behalf of 

The trustee shall hold the insurance proceeds 

in trust for Unit Owners and lienholders as 

their interests may 

appear. Subject to the provisions of Article IX hereof, the 

proceeds shall be disbursed first for the 

repair or restoration 

of the damaged property. and Unit Owners and lienholders are not 

- 20 -

entitled to receive payment of 

the proceeds unless there is 

a surplus of proceeds after the Property has been completely 

repaired or restored, or the Condominium is terminated. The 

trustee may disburse the funds pursuant to Section 9.2 (in the 

event the proceeds are sufficient for reconstruction), but 

notwithstanding the provisions thereof, the trustee shall have 

the right (but not the obligation) to require the funds to be 

disbursed only against surety bonds, completion guarantees, 

escrows or such other assurances as may satisfy the trustee. 

In 

the event the trustee is of the reasonable opinion that the fire 

and extended coverage insurance is insufficient to cover the 

replacement value of the insurable improvements, it may (but 

shall not be required to) increase the coverage and send the bill 

for the premium therefor to the Unit Owners as provided in this 

Article VIII and remit the amount of the premium to the party 

entitled thereto. Nothing herein contained shall impose any 

liability on the trustee for failing to increase the coverage or 

failing to increase the coverage sufficiently or for selecting 

any particular insurance company. The trustee shall have 

the right to resign or appoint a trustee as successor trustee 

with full power of substitution 

as a successor trustee with like 

powers. In the event that the trustee fails to appoint a successor 

trustee, then the Executive Board shall appoint said successor. 

All handling of insurance proceeds shall be at no expense to the 

trustee, except that the cost of security bonds, completion 

guarantees, title escrow distribution charges, if any, shall be

1'A22 MIG/j1 2/4/84 

at the expense of the Executive Board. Under no circumstances 

shall the trustee be liable for any act or omission except for 

fraud, gross negligence or lack of reasonable and ordinary care. 

All insurance shall be placed with companies licensed in the 

State of Missouri. 

ARTICLE IX. DAMAGE, DESTRUCTION, REPAIR AND TERMINATION 

9.1 General: Any portion of the Condominium for which 

insurance is required under Section 8.1 which is damaged or 

destroyed shall be repaired or replaced promptly by the Association 

unless Ci) the Condominium is terminated, (ii) repair or 

replacement would be illegal under any state or local health or 

safety statute or ordinance, or (iii) eighty percent (80%) of the 

Unit Owners, including every owner of a Unit or assigned Limited 

Common Element which will not be rebuilt, vote not to rebuild 

pursuant to Section 9.2 hereof. The cost of repair or replacement 

in excess of insurance proceeds and reserves shall be a Common 

Expense Liability. If the entire Condominium is not repaired or 

replaced, (i) the insurance proceeds attributable to the damaged 

Common Elements shall be used to restore the damaged area to a 

condition compatible with the remainder of the Condominium, (ii) 

the insurance proceeds attributable to Units and Limited Common 

Elements which are not rebuilt shall be distributed to the Owners 

of those Units and the Owners of the Units to which those Limited 

Common Elements were allocated, and (iii) the remainder of the 

proceeds shall be distributed to all the Unit Owners or lienholders, 

as their interests may appear, in proportion to the Allocated 

- 22 -

MIG/jlf 2/4/84 

Interest of all Units. If the Unit Owners vote not to rebuild 

any Unit, that Unit's Allocated Interest are automatically 

reallocated upon the vote as if the Unit had been condemned under 

Article X hereof and the Association shall promptly prepare, 

execute and record an amendment to the Declaration reflecting 

the reallocations. 

Notwithstanding the provisions of this 

Section, Section 9.2 hereof governs the distribution of insurance 

proceeds if the Condominium is terminated. 

9.2 Termination: 

The Condominium may be terminated only by agreement 

of Unit Owners of Units to which at least eighty percent 

(80%) of the votes in the Association are allocated. 

An agreement to terminate shall be evidenced by the 

execution of a termination agreement or ratifications 

thereof, in the same manner as a deed, by the requisite 

number of Unit Owners. 

The termination agreement shall 

specify a date after which the agreement will be void unless 

it is recorded before that date. 

A termination agreement 

and ratifications thereof shall be recorded in the office of 

the Recorder of Deeds of St. Louis County , 

Missouri, and is effective only upon recordation. 

Cc) The termination agreement may provide that all of 

the Common Elements and Units of the Condominium shall be 

sold following termination. 

If, pursuant to the agreement, 

any real estate in the Condominium is to be sold 

following 

termination, the termination agreement shall set forth the 

- 23 -

''A24 P1113 jif 2/4 84 

minimum terms of the sale. 

The Association, on behalf of the Unit Owners, may 

contract for the sale of real estate in the Condominium, but 

the contract is not binding on the Unit Owners until approved 

pursuant to subsections (a) and (b) of this section. 

If any 

real estate in the Condominium is to be sold following 

termination, title to that real estate, upon termination, 

vests in the Association as trustee for the 

holders of all 

interests in the Units. 

Thereafter, the Association has all 

powers necessary and appropriate to effect the sale. Until 

the sale has been concluded and the proceeds thereof 

distributed, 

the Association continues in existence with all 

powers it had before termination. 

Proceeds of the sale 

shall be distributed to Unit Owners and lienholders as their 

interests may appear, in proportion to the respective 

interests of the Unit Owners. 

Unless otherwise specified in 

the termination agreement, as long as the Association 

holds 

title to the Property, each Unit Owner and his successors in 

interest have an exclusive right to occupancy of the portion 

of the Property which formerly constituted his Unit. During 

the period of that occupancy each Unit Owner and his 

successors in interest remain liable for all assessments and 

other obligations imposed on Unit Owners by the Act, 

this Declaration and the Bylaws. 

If the Property constituting this Condominium is 

not to be sold following termination, title to the Common 

- 24 - 

6.

''A25 MIC/jif 2/4/84 

Elements and, if this Condominium contains only Units having 

horizontal boundaries described in the Declaration, title to 

all the Property in the Condominium vests upon termination 

in the Unit Owners as tenants in common in proportion to 

their Allocated Interest as provided in subsection (g) of 

this section, and liens on the Units shift accordingly. 

While the tenancy in common exists, each Unit Owner and his 

successors in interest have an exclusive right or to occupancy 

of the portion of the Property which formerly constituted 

his Unit. 

(1) Following termination of this Condominium the 

proceeds of any sale of real estate, together with the 

assets of the Association, are held by the Association as 

trustee for Unit Owners and holders of liens on the Units as 

their interests may appear. 

Following termination, creditors 

of the Association holding liens on the Units, which were 

recorded prior to termination, may enforce such liens in the 

same manner as any lienholder. 

Any other creditors of the 

Association shall be treated as if they had perfected liens 

on the Unit immediately prior to termination. 

(g) 

The respective interests of Unit Owners referred to 

in subsections (c) and Cd) of this section are as follows: 

Ci) Except as provided in subdivision (ii) of this 

subsection, the respective interests of Unit Owners are 

the fair market values of their Units, Limited Common 

Elements and Common Element interests immediately before 

- 25 -

the termination, as determined by one or more 

independent appraisers selected by the Association. 

The decision of the independent appraisers shall be 

distributed to the Unit Owners and becomes final 

unless disapproved within thirty (30) days after 

distribution by Unit Owners of Units to which 

twenty-five percent (25%) of the votes in the 

Association are allocated. 

The proportion of any 

Unit Owner's interest to that of all Unit Owners 

is 

determined by dividing the fair market value of that 

Unit Owner's Unit and Allocated Interest by the 

total fair market values of all the Units and 

Allocated Interests; 

(ii) If any Unit or any Limited Common Element 

is destroyed to the extent that an appraisal of the 

fair market value thereof prior to destruction 

cannot be made, the interests of all 

Unit Owners are 

their respective Allocated Interests immediately 

before the termination. 

9.3 Personal Property InsuranCe Each Unit Owner shall 

be responsible, if he so desires, for maintaining his own 

insurance on the contents of his Unit including 

floors, 

walls, ceiling covers, cabinets and fixtures, and on any 

additions and improvements to the Unit, and shall be responsible 

for insurance on any personal property belonging to 

him, but stored elsewhere on the Property. 

- 26 -

''A27 MIG/jlf 2/4/84 

9.4 Waiver of Subrogation: Each Unit Owner hereby 

waives and releases any and all claims which he may have 

against any other Unit Owner, the officers and members of the 

Executive Board, and the Declarant, and their respective 

employees and agents, for damage to the Common Elements, the 

Units, or to any personal property located in the Units or 

Common Elements, caused by fire or other 

casualty, to the 

extent that such damage is covered by fire or other 

form of 

casualty insurance. 

9.5 Damaae Caused by Unit Owner, Not Covered b 

y Ifl5urflCe 

If, due to the act or neglect of a Unit Owner, or of a member 

of his family or household pet or of a guest or other authorized 

occupant or visitor of such Unit Owner, damage shall be 

caused to the Common Elements or to a Unit or Units owned by 

others, or maintenance, repairs or replacements shall be 

required which would otherwise be at the Common Expenses 

then 

such Unit Owner shall pay for such damage and such maintenance, 

repairs and replacements, as may be determined by the Executive 

Board, to the extent not covered by insurance. 

ARTICtE X. 

10.1 Condemnation: 

CONDEMNATION 

(a) 

In the event it shall become necessary for any 

public agency to acquire all or any part of any of the 

Units or the Common Elements of the Condominium for any 

public purpose, the Executive Board is hereby appointed 

as attorney-in-fact and is hereby 

authorized to negotiate 

- 27 -

''A28 MIG/jif 2/4/84 

with such public agency for such 

acquisition and to 

execute such instruments as may be necessary for conveyance 

to any such public agency. 

eminent domain become necessary 

Should acquisitions by 

only the Executive 

Board need be made party, and monies, damage payments or 

condemnation award shall be held by the Executive Board 

for the benefit of the owners of the Units subject 

hereto. 

(b) If a Unit is acquired by eminent domain, or if 

part of a Unit is acquired by eminent domain leaving the 

Unit Owner with a remnant which may not practically or 

lawfully be used for any purpose permitted by this 

Declaration, the award shall compensate the Unit Owner 

for his Unit and Allocated Interest, whether or not any 

Common Elements are acquired. 

Upon acquisitions unless 

the decree otherwise provides that Unit's Allocated 

Interests are automatically reallocated to the remaining 

Units in proportion to the respective Allocated Interests 

of those Units before the taking, and the Executive 

Board shall promptly prepares execute and record an 

amendment to the Declaration reflecting the reallocations. 

Any remnant of a Unit remaining after part of a Unit is 

taken under this subsection is thereafter a Common 

Element. 

Cc) Except as provided in subsection Cb) of this 

section, if part of a Unit is acquired by eminent 

- 28 - 

5I

'A29 bIIG/jlf 3/8/84 

domain, the award shall compensate the Unit Owner for 

the reduction in value of the Unit and its Allocated 

Interest, whether or not any Common Elements are acquired. 

Upon acquisition, unless the decree otherwise provides, 

Ci) that Unit's Allocated Interests are reduced in 

proportion to the reduction in the size of the Unit, or 

on any other basis specified in the Declaration, 

and (ii) the portion of the Allocated Interests divested 

from the partially acquired Unit are automatically 

reallocated to that Unit and the remaining Units in 

proportion to the respective Allocated Interests of 

those Units before the taking, with the partially 

acquired Unit participating in the reallocation on the 

basis of its reduced Allocated Interests. 

ARTICLE XI. 

DEVELOPMENT RIGHTS 

11.1 Additions to flat and Modification of DeclaratIon: 

Each person acquiring a Unit hereunder shall be conclusively 

deemed to have appointed the Declarant as the Unit Owner's 

attorney-in-fact for a period of four (4) years expiring 

from the date of recording of this Declaration. 

During this 

period1 the Declarant reserves the right, but not the obligation, 

and shall have full power and authority to amend the Declaration 

and Plat in compliance with the Act by including any parcel 

or parcels contiguous or non-contiguous to the Property, or 

to delete any parcel or portion thereof and to change the 

number of Units and amend the Allocated Interests to each 

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''A30 MIG/jlf 3/8/84 

to each Unit as specified in Exhibit "C" hereof. 

Declarant 

reserves the right, but not the obligation1 to create Units, 

Common Elements, Limited Common Elements and to subdivide 

with respect to a parcel added pursuant to the development 

rights established by this section. 

Said development rights 

may be exercised with respect to different parcels added 

pursuant to this section at different times. 

Declarant 

reserves the right but not the obligation to enter into, 

create, reserve, or grant easements for utilities including 

but not limited to gas, electric, water, sewer, cable television, 

and access to such easements for the benefit of the 

Property. 

Declarant makes no assurances with respect to the 

development of said additional parcels, including, but not 

limited to whether the Declarant will exercise the right to 

develop all or any portion of the parcels subject to these 

development rights or the order in which the development will 

occur. 

In addition thereto, the Declarant may file amendments 

to the Declaration, Plats and exhibits hereto to reflect any 

changes in the locations, elevations, measurements or dimensions 

and to correct any error in any recorded Plat or 

Declaration; provided that, if required such Amendment is 

approved by the Planning Director of St. Louis County, 

Missouri. 

During the tour (4) year period hereof, the 

Declarant, in executing any amendment consistent with the 

foregoing, shall be conclusively deemed to have been acting 

within the scope of the Declarant's authority as herein 

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'' Bi 

MIG/jif 2/4/84 

specified, and all Unit Owners shall be estopped from questioning 

the right of the Declarant herein granted and reserved. 

11.2 Deletion From The flat: Pursuant to subdivision 

4 of Section 448.2-109 of the Act, Declarant hereby reserves 

the right to withdraw the Property or any portion 

thereof. 

11.3 Right of Declarant to Vote: Declarant shall have 

the right to exercise the votes allocated to Units which 

Declarant owns and have not been transferred to third 

parties. 

11.4 Partial Development: For purposes of allocating 

Common Expense Liability and none other, the Declarant shall 

not be deemed a Unit Owner as to unconstructed, 

partially 

completed or completed but unsold or unoccupied Units. 

The 

Declarant shall as to said Units bear only that portion of 

the Common Expense Liability, if any, in fact incurred 

by or 

for the benefit of said Units, including, but not limited to 

insurance and real estate taxes. 

ARTICLE XII. SPECIAL. DECLARANT RIcHTS 

12.1 Advertisinq by the Declarant: Notwithstanding any 

provision hereof to the contrary, at all times and from time 

to time, during the Declarant Control Period, Declarant (and 

its successors, assigns and mortgagees) shall have the right 

and privilege (i) to erect and maintain advertising signs 

(illuminated or non-illuminated), sales flags, other sales 

devices and banners for the purpose of aiding the sale of 

Units in this Condominium, (ii) to maintain Units as sales, 

model, management, business and construction offices, and 

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''22 MIG/jif 2/4/84 

(iii) to maintain and locate construction trailers and 

construction tools and equipment within the Property. 

Said 

model Units or Units used for business, construction, or 

management purposes shall be no greater than 849 

square feet and shall consist of not more than 

Unite each designated by the Declarant in Building 1 through 8 

of this Condominium. The construction of the buildings and 

improvements by Declarant shall not be considered a nuisance 

and Declarant hereby reserves the right and privilege 

for itself (and its successors, assigns and mortgagees) to 

conduct the activities enumerated in this section until all 

present and future Units of this Condominium have been 

2 

completed and conveyed to third parties. 

All rights afforded 

Declarant under this Article shall inure to the benefit of 

any mortgage holder acquiring title to any Unit hereunder. 

ARTICLE XIII. 

AMENDMENTS 

13.1: Upon the expiration of the Declarant Control 

Period or upon the earlier written relinquishment of the 

Declarant's authority duly recorded, the Unit Owners may 

modify and amend this Declaration and Bylaws by satisfying 

section 448.2-117 of the Act. 

The president, treasurer, 

secretary or assistant secretary may prepare, execute, certify 

and record amendments to this Declaration on behalf of 

the Association. 

Each such modification and amendment must 

be duly recorded in the Office of the Recorder of Deeds in 

St. Louis County , Missouri, provided, however, that 

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I 'E3 MIG/jlf 2/4/84 

this Declaration and Bylaws shall at all times 

contain the 

minimum requirements imposed by Chapter 448, Missouri Statutes, 

and, in particular, by Section 448.3-106 of the Act, with insurance 

maintained as required by Section 448.3-113 of the Act. 

In the 

event the Statutes of Missouri subsequently provide a different 

method of amendment, then such Statute shall supersede this 

Article provided the consent of the holders of first 

deeds of 

trust is first had and obtained. 

In the event this Condominium is 

located in the unincorporated area of St. Louis County, Missouri, 

no such amendment, modification or change 

shall reduce or modify 

the obligation or right granted to or imposed upon the 

Board or to eliminate the requirement that there be an 

Executive 

Executive 

Board unless some person or entity is substituted for the Executive 

Board with their responsibilities and duties in a manner approved 

by the Director of Planning of St. Louis County, Missouri. 

ARTICLE XIV. 

RECREATION FACILITIES 

14.1 Rules and Regulations: The Executive Board may make 

such reasonable rules and regulations as the Executive 

Board may 

determine pertaining to the use of recreation facilities, if any, 

including the right to admit non-residents as guests on a 

fee 

basis and including the matters of safety, deportment, dress, 

hours, children, pets and disciplining measures against 

unruly 

members and children. 

The Executive Board may bring such legal 

actions as it may deem appropriate against persons violating 

its 

rules and regulations and, upon the Executive Board prevailing, 

the costs and attorney's fees shall be taxed against such party. 

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''.84 MIG/jlf 2/4/84 

ARTICLE XV. 

GENERAL PROVISIONS 

15.1 Captions: The captions of the various Articles 

and Sections are for purposes of reference 

deemed to have any substantive effect. 

only and are not 

15.2 Mortgagee's Riqhts: Unless provided to the contrary 

in a Unit Owner's mortgage, the holder of first mortgage of 

the Units (including a holder, insurer or guarantor of a first 

mortgage on a Unit in the Condominium which has requested 

notice in accordance with the provisions of Section 15.3 of 

this Declaration) shall be entitled to the following 

rights: 

Any restoration or repair of the Condominium 

after a partial condemnation or damage due to an 

insurable 

hazard shall be substantially in accordance with the 

provisions hereof and the original plans and specifications 

unless the approval of the eligible holders of first 

mortgages on Units to which at least fifty-one percent 

(51%) of the votes of Units subject to mortgages held by 

such eligible holders are allocated, is obtained. 

Any election to terminate the Condominium after 

substantial destruction or a substantial taking in 

condemnation of the Condominium property must also 

require the approval of the eligible holders of first 

mortgages on Units to which at least fifty-one percent 

(51%) of the votes of Units subject to mortgages held by 

such eligible holders are allocated. 

No reallocation of interests in the Common Elements 

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p 'B5 MIG/jlf 2/4/84 

resulting from a partial condemnation or partial destruction 

of the Condominium project may be effected without the 

approval of the eligible holders of first mortgages on Units 

to which at least fifty-one percent (51% 

) of the votes of 

Units subject to mortgages held by such eligible holders are 

allocated. 

15.3 Notice to Mortgaqees: Upon written request to the 

Executive Board, the holder of any duly recorded mortgage or deed 

of trust against any Unit shall thereafter be given copies of any 

and all notices permitted or required by this Declaration to be 

given to the Unit Owner or owners whose Unit Ownership is subject 

to such mortgage or deed of trust (such written request to state 

the name and address of such holder, insuror or guarantor and the 

Unit number). 

Notices shall be given to mortgagees under the 

following conditions: 

Any proposed amendment of the Declaration effecting 

a change in (i) the boundaries of any Unit or the exclusive 

easement rights appertaining thereto, (ii) the interests in 

the general or Limited Common Elements appertaining to any 

Unit or the liability for Common Expenses appertaining 

thereto, (iii) the number of votes of Unit Owners appertain 

ing to any Unit or (iv) the purposes to which any Unit or 

the Common Elements are restricted; except as to those 

permitted in Article X hereof: 

Any proposed termination of the Condominium; 

Any condemnation loss or any casualty loss which 

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''36 MIG/jif 2/4/84 

affects a material portion of the Condominium or which 

affects any Unit on which there is a 

first mortgage held, 

insured or guaranteed by such eligible 

holder: 

Any delinquency in the payment of assessments or 

charges owed by an Owner of a Unit subject to the mortgage 

of such eligible holder, insurer or guarantori where such 

delinquency has continued for a period of 60 days; 

Any lapse, cancellation or material modification of 

any insurance policy maintained by the Executive Board. 

15.4 Manner of Givinq Notice: Notices required to be 

given to the Executive Board may be delivered to any 

member of 

the Board either personally or by certified mail addressed to 

such member or officer at his Unit, return receipt 

requested. 

Notice required to be given to the Declarant or to the Declarant 

while acting as the Executive Board shall be given by certified 

mail, return receipt requested at: 

12400 Olive Boulevard 

St. Louis, Missouri 63141 

15.5 Notice in Event of Death: Notices required to be 

given any devisee or personal representative 

of a deceased Unit 

Owner may be delivered either personally or by certified mail, 

return receipt requested to such party at 

his or its address 

appearing in the records of the court wherein the estate of such 

deceased Unit Owner is being administered. 

15.6 Acceptance by Grantee: Each grantee of Declarant by 

the acceptance of a deed of conveyance or each subsequent pur- 

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I '87 MIG/jlf 2/4/84 

chaser, accepts the same subject to all restrictions, conditons, 

covenants, reservations, optionsi liens and charges1 and the 

jurisdictiont rights and powers created or reserved by 

this 

Declaration or to which this Declaration is subject, and all 

rights, benefits and privileges of every character 

hereby granted, 

created, reserved or declared, and all impositions and 

obligations 

hereby imposed shall be deemed and taken to be covenants 

running 

with the land and shall bind any person having at any time any 

interest or estate in said property and shall inure to 

benefit of such Unit Owner in like manner as though the 

the 

provisions 

of this Declaration were recited and stipulated at 

length in each 

and every deed of conveyance. 

15.7 No Waiver: No covenants, restrictions, conditions, 

obligations or provisions contained in this Declaration 

deemed to have been abrogated or waived by reason of any 

shall be 

failure 

to enforce the same, irrespective of the number of violations or 

breaches which may occur. 

15.8 Saving Clause: The invalidity of any covenant, 

restriction, condition, limitation or any other provision of this 

Declaration or any part of the same shall not impair or affect 

in 

any manner the validity, 

enforceability or effect of the rest of 

this Declaration. 

15.9 Interpretation: The provisions of this Declaration 

shall be liberally construed to effectuate its purposes of 

creating a uniform plan for the development and operation of a 

first-class Condominium apartment development. 

The use of 

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'' B8 MIG/jlf 2/4/84 

personal pronouns shall be construed to apply to masculine, 

feminine or neuter gender as the context may require. Should any 

provision of this instrument be deemed to violate the Rule 

against Perpetuities and is not subject to Section 448.2-103(2) 

of the Act, then such provision shall not be stricken but shall 

be deemed to continue in force and effect for the longest time 

permitted under Missouri law or for the life or lives in being 

plus twenty-one (21) years and ten (10) months thereafter. If 

any provision is deemed to be invalid, then the elimination of 

such provision shall not affect the remaining provisions. 

15.10 Bonds: Before any Unit Owner shall become a member 

of and serve on the Executive Board, he shall be able to be 

bonded. The Executive Board shall procure a blanket fidelity 

bond on themselves individually and collectively for the benefit 

of all Unit Owners in an amount not less than the estimated 

maximum of funds, including reserve funds in the custody of the 

Executive Board at any given time during the term of each bond. 

The bond shall be written only by a bonding company approved to 

write fidelity bonds for Executors and Administrators by the St. 

Louis County Probate Court. The cost of premiums for such blanket 

bond shall be paid out of the common funds of this Condominium as 

a general charge and shall not be borne by the individual members 

of the Executive Board. The bond shall contain waiver of all 

defenses based upon the exclusion of persons serving without 

compensation from the definintion "employee" or similar terms 

or expressions. 

The bond shall provide that it may not be 

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'E9 MIG/jlf 2/4/84 

cancelled or substantially modified (including cancellation 

for 

non-payment of premium) without 10 days prior written notice to 


15.11 Operative Effect: This Declaration shall be of full 

force and effect upon the recordation in the St. Louis County 

Recorder of Deeds Records. 

15.12 Lease of Unit: Each Unit Owner shall have the right 

to lease the Unit so owned for single family occupancy subject to 

the following requirements: 

Every lease shall be in writing and shall be 

subject to all provisions of this Declaration and Bylaws. 

Further, said lease shall incorporate the rules and regulations 

of the Condominium by reference thereto and shall 

include the provision that any violation of said rules and 

regulations or covenants and provisions of the lease, other 

than non-payment of rent, shall be additional basis for 

termination of the lease by the Executive Board. 

Every lease shall be submitted to the Executive 

Board for review so as to assure compliance with this 

Declaration. 

Cc) 

Every lease shall appoint the Executive Board (or 

the Declarant as the case may be) to act as agent and 

attorney-in-fact for the Unit Owner for the purposes of 

enforcing the terms covenants and conditions of said lease, 

other than the non-payment of rent. If any such violation 

is not cured within 30 days or such shorter time as may be 

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'Bi MIG/jif 2/4/84 

provided for in the leases the Executive Board as attorney-infact 

shall have the right of action to evict or otherwise 

terminate the lease or the tenants possession of the Unit. 

The Executive Board shall have no liability to the Unit 

Owner or tenant on account of any action taken pursuant to 

this Declaration and Bylaws. The provisions of this 

section 15.12 shall not be applicable to the Declarant 

during the Declarant control period. 

(d) 

Every lease shall have minimum initial and renewal 

terms of six (6) months each and no such lease shall be on a 

month-to-month or hold-over basis. 

15.13 St. Louis County Addendum: The provisions set forth 

in Exhibit £ annexed hereto entitled "St. Louis County Addendum" 

are hereby incorporated as a part of this Condominium Declaration 

and shall be applicable to the Condominium in the event said 

Condominium shall be located in the unincorporated area of St. 

Louis County, Missouri. 

15.14 Parkinq: The Declarant and/or the Executive Board 

shall have the right but not the obligation to assign parking 

spaces for the sole exclusive use of Unit Owners, which assignment 

may in the discretion of the Declarant or Executive Board be designated 

as a Limited Common Element. Further, the Declarant and/or 

the Executive Board shall have the right but not the obligation to 

make such rules and regulations governing the use of parking spaces 

by guests and invitees of Unit Owners and further, in 

their discretion, 

may adopt such rules and regulations governing the storage 

of vehicles, repair of vehicles, prohibiting trucks, boats, trailers, 

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I '210 MIG/jlf 3/8/84 

campers. motor bikes or other vehicles which the Declarant and/or 

Executive Board may in their discretion determine objectionable. 

IN WITNESS WHEREOF, the Declarant has executed this Declaration 

this day of 

, 1984. 

TAYLOR-MORLEY-SIMON, INC. 

By: 

Name: 

Title: 

ATTEST: 

Secretary 

STATE OF MISSOURI 

SS. 

COUNTY OF ST. LOUIS 

On this day of , 1984, before me 

appeared 

, to me personally known, 

who, being by me duly sworn, did say that he is the 

of Taylor-Morley-Simon, Inc., a corporation of the State of 

Missouri, and that the seal affixed to the foregoing instrument 

is the corporate seal of said corporation1 and that said instrument 

was signed and sealed in behalf of said corporation, by authority 

of its Board of Directors; and said 

acknowledged said instrument to be the free act and deed of said 

corporation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand and 

affixed my official seal in the County and State aforesaid: the 

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MIG/j].f 2/4/84 

day and year first above written. 

Noary Public 

- 42 -

December 12, 1988 

TO: 

FERN RIDGE CONDOMINIUM OWNERS 

Please find enclosed, for your information and convenience, 

a set of Fern Ridge Rules & Regulations which have been 

adopted by your Board of Trustees. 

A copy of the Declaration of Condominium & By-Laws of Fern 

Ridge Condominiums was provided to owners when accepting a 

deed of conveyance to their respective unit. Many of the 

rules and regulations enacted by your Board of Trustees are 

provided in the Declaration; therefore, it is recommended 

that the owners familiarize themselves with the documents. 

Your compliance with these rules and regulations, and your 

continued support and cooperation are requested so that 

Fern Ridge Condominium can remain a safe and attractive 

community. 

Board of Trustees, 

Fern Ridge Condominium 

Enclosure

FERN RIDGE CONDOMINIUM RULES AND REGULATIONS 

All Purchasers and Lessees of units should receive a copy of the Declaration of Condominium 

and By-Laws of Fern Ridge Condominium and the Rules and Regulations from the seller or 

lessor. An established service fee shall be charged by the Condominium Management 

Company for each additional copy requested. 

OWNER'5 RESPONSIBIlITY 

Each purchaser on accepting a deed of conveyance, accepts the deed subject to all provisions 

of the Declaration of Condominium and By-Laws of Fern Ridge Condominium. 

It is the responsibility of the owner to provide copies to unit lessee (and insure compliance 

with) all notices , rules, regulations, Declaration and By-Laws of Fern Ridge Condominium. 

It is the responsibility of the owner to make sure any unit owned or leased to another is 

covered with appropriate insurance (homeowners, liability, etc.). Each unit owner is 

responsible for maintaining insurance on the contents of their unit and any additions or 

improvements, and personal property stored on the property. In owner-leased units, the unit 

owner is responsible for informing lessee of any insurance needs. 

It is the owners responsibility to notify the Condominium Management Company in writing 

of any change of address. The owner must notify the Condominium Management Company in 

writing prior to selling a unit, tncluding purchaser's name, address, telephone number and 

mortgage company. Prior to leasing a unit, the owner must notify the Condominium 

Management Company in writing of the Tenant's name, address, and telephone number. 

No person or persons, natural or artificial1 shall at any time hold title to more than 3 units, 

unless the purchase of such additional unit or units has been approved by the Board of 

Trustees. 

Owners who have vacant units during cold weather shall set the heat to at least 60 degrees 

to prevent freezing of pipes. 

RESTRICTIONS 

Nothing shall be done in any unit or in, on or to the common areas and facilities, which 

would impair the structural integrity or would structurally change any of the buildings. 

No person shall use the common elements in any manner which does not conform with the 

rules and regulations of Fern Ridge Condominium. 

Unit owners and lessees may not decorate, landscape, screen or enclose their balcony, 

terrace1 patio1 or patio deck, except with the prior written approval of the Board of 

Trustees. Any enclosed area must be maintained by the owner.

Certain Items, including but not limited to, mobile homes, campers, trailers, or boats may 

not be parked at Fern Ridge. (The intent is to insure adequate parking spaces for vehicles 

used in ordinary transportation. 

Commercial trucks, including moving vans, are allowed to be parked only during time 

required to perform service to unit owner and shall not block or impede means of access 

and/or egress of other residents. Owners utilizing such services should be mindful of their 

neighbors' needs. 

No clothes or laundry shall be hung or exposed in any portion of the common element and 

facilities not within the bounds of a unit. The parts of the common areas and facilities not 

within the bounds of a unit shall be kept free and clear of rubbish, debris, and other 

unsightly materials, 

MAI NTENANCE 

All requests for maintenance in the common areas should be referred to the Condominium 

Management Company. 

All terrace and balcony areas (including patio and patio decks) must be kept in good order, 

After notifying the owner of the necessity f or maintenance to this area or any other area, 

the Board of Trustees will assess the unit owner for any maintenance which they have done. 

Any damage done to the common area by an owner, lessee or their guest must be paid by the 

owner upon receipt of a bill for repairs or replacement and/or removal. 

Except in the case of an emergency, the Board of Trustees must be notified prior to any 

action that affects the common elements. 

Each owner shall maintain and keep his unit in good order and repair and shall do nothing 

which will prejudice the structural integrity or which will increase the insurance rate on 

the building in which said unit is situated, or which would be in violation of the law. 

Owners are responsible for turning of f inside water valves on exterior faucets and draining 

lines on November 1st and turning on valves on April 1st. Any damage from burst pipes will 

not be covered by the Association when this procedure is not followed. 

ADDITIONS. ALTERATIONS OP DECORATIONS 

Requests from owners for any additions, constructions or alterations to common areas must 

be presented in advance, and in writing, to the Board of Trustees. The request will be 

reviewed at the next Board meeting, and the owner will be notified in writing of Board 

approval or disapproval. A plan should be submitted with the request. 

Owners are not allowed to paint or otherwise decorate or change the appearance of any 

common elements on any portion of the buildings (not within the bounds of the owners unit), 

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 

facilities, without prior written approval of the Board of Trustees. Nor shall anything be 

done which would or might jeopardize or impair the safety or soundness of the common 

areas and facilities. 

SAl F5 AND LEASES 

Contact should be maintained with the Condominium Management Company regarding the sale 

or lease of units. Closing papers must be forwarded to the Condominium Management 

Company prior to the closing of the unit. Leases must be submitted, with references, for 

Board approval. 

All leases shall provide that lessee agrees to abide by all the rules, regulations, Declaration 

and Dy-Laws of Fern Ridge Condominium, which are to be observed and treated as part of the 

lease. Said leases shall also provide that they are not assignable, nor shall any unit, or any 

part thereof, be sublet or underlet, without prior approval of Board of Trustees. Every lease 

shall have minimum initial and renewal terms of six (6) months each and no such lease shall 

be on a month-to-month or hold-over basis. A copy of the current signed lease must be on 

file at the Condominium Management Company's office. 

All condo fees must be paid before a transferee may take title to a unit. 

SIGNS AND COMMERCIAl ACTIVITIES 

Signs of any kind are not permitted to be displayed outside of any unit (including signs may 

not be displayed inside any window) and in or on the common elements, without prior 

written approval of the Board of Trustees. This applies to owners, lessees or any others, 

including realtors. 

Unit owners shall not cause or permit anything to be hung or displayed on the outside of any 

unit, or placed on the outside walls of any of the buildings and no signs, awnings, canopy, 

shutter, radio or television antenna shall be affixed to or placed upon the exterior walls or 

roof of any of the buildings, without prior written approval of the Board of Trustees. 

Offensive or commercial activities, including any activity which constitutes a nuisance, 

shall not be permitted. 

SECURITY 

When not in use, storage doors and unit doors are to be kept closed. 

Fern Ridge Condominium Trustees and/or agents have the irrevocable right to have access to 

each unit during reasonable hours as may be necessary for the maintenance, repairs or 

replacement of any of the common elements therein, or accessible therefrom, or for making 

emergency repairs necessary to prevent damage to the common elements or to another unit. 

3

PETS 

No animals, reptiles, birds, rabbits, livestock, fowl or poultry of any kind shall be kept, 

raised or bred in any portion of the Property, except that 1 dog or 1 cat, or 2 birds or other 

household animal may be kept, as a pet, in a unit. There shall be no structure for such 

animal outside of the unit at any time. Fish maintained in a household aquarium shall not be 

deemed to be animals as defined herein. Any pet creating a nuisance or unreasonable 

disturbance or noise (in the sole judgement of the Board of Trustees) shall be permanently 

removed from the Property upon written notice from the Board of Trustees. 

Pets, when outside of the unit, must be leashed and accompanied by the owner at all times. 

Walking of pets in the common areas away from the buildings, walks and drives is 

encouraged. Pet owners are required to clean up any defecation in the areas around 

buildings, walks and drives. Pet owners are responsible to Insure that their pets (Inside or 

outside of units) do not constitute a nuisance to other residents. 

Owners are encouraged to call Rabies Control when unattended animals are seen on Fern 

Ridge premises. 

TRASH 

Large cartons and unwanted Items must be removed by resident, or arrangements made with 

the trash company for removal and payment. 

All trash must be placed inside the dumpster, not left on the ground. 

PARKING AND SPEED LIMIT 

Parking is permitted in areas marked for parking. Parking is not permitted on the drives, in 

front of dumpsters or in areas not marked for parking. 

A speed limit of 10 miles per hour has been established for the safety of all residents. 

Only properly licensed and operating vehicles are allowed on Fern Ridge property. - 

No preventative maintenance may be performed on vehicles on Fern Ridge property; i.e. 

changing fluids. This is to protect the parking surface. 

Only residents and guests may park in the Fern Ridge parking areas. 

SWIMMING POOL 

The swimming pool is for the use of the residents of Fern Ridge and their guests. No other 

persons are permitted in the swimming area. 

Pool rules must be followed at all times by those using the pool.

VIOLATIONS 

When a restriction, condition, rule or regulation adopted by the Board of Trustees is 

violated, the Board has the power to enter upon the land or unit where such violation exists 

and remove the structure, thing or conditions, at the expense of the owner. The Board of 

Trustees also has the power to seek damages with appropriate legal proceedings. 

When any violation is brought to the attention of the Board of Trustees, the Board, through 

its representatives, will give written notice to the owner advising of the violation and 

giving fifteen (15) days after receipt of the notice to eliminate the violation to the 

satisfaction of the Board. However, the Board of Trustees reserves the right, in event of 

flagrant or serious violation, to require owner compliance within a shorter period of time, 

as determined by the Board. 

Notice may be given by personal delivery or by registered or certified U.S. Mail. if Violation 

is not eliminated within the given period, the owner will be fined $250.00 plus $25.00 for 

each day that the violation continues. If not paid, the amount will become a lien against the 

unit. 

RULES AND REGULATIONS 

These rules and regulations may be amended, added to or deleted from as the Board of 

Trustees so determines. Proper notification of any such amendments, additions or deletions 

to the rules will be given. 

The above rules do not supersede the Association By-Laws, Declaration, or any legal 

statutes. For further details and clarification please refer to the Declaration and By-Laws 

of Fern Ridge Condominium.

FERN RIDGE CONDOMINIUM ASSOCIATION 

BOARD POLICY 

Effective September. 1988 

Policy was set for interior repairs caused by water leaks from 

above units. The Association will initiate the inspection and 

determine the cause. If found to be a common fault, the 

Association will pay the full cost of repairs. If not, the owner 

who caused the leak will be responsible for the inspection and to 

the owner below. 

Effective May 1. 1989 

Please remember to store your bikes, barbecue grills and other 

personal belongs in your storage bin. Do not leave them under the 

steps or in the walkways. This is common ground and may not be 

used for storage of any kind. Effective May 1, 1989, any item left 

on common ground will be removed. 

Effective May 20, 1991 

Policy was set regarding "Open House" signs. 

on the property only on Sunday. 

Signs may be placed 

Filed: 

In Regular File and 

Declaration File 

F: \WP51\DATA\FR\FRPOLIICY.BRD

BOARD POLICY 

Effective $eDtemer. 1988 

2 

Policy was set for interior re; 

above units. The Association V 

determine the cause. If fou] 

Association will pay the full co 

who caused the leak will be resp< 

the owner below. 

airs caused by water leaks from 

ill initiate the inspection and 

.d to be a common faults 

;t of repairs. 

the 

If not, the owner 

,risible for the inspection and to 

Effective May 1. 1989 

Please remember to store your b 

nersonal belongings in your stora 

the steps or in the walkways. Thi 

used for storage of any kind. 

ikes, barbecue grills and other 

ge bin. Do not leave them under 

.s is common ground and may not be 

Effective May 1, 1989, any item left 

on common ground will be removed. 

Effective May 2O 1991 

Policy was set regarding "Open House" signs. 

on the property only on Sunday. 

Signs may be placed 

TRASH 

All trash (securely bagged and ground trash) should be 

the trash dumpster. 

placed in 

Please remember to close the dumpster lid and 

latch the gate of the enclosure to prevent them from swinging 

breaking. 

and 

If anyone notices that the dumpsters are overflowing with trash, 

please advise CMA (878-0025) so that an additional pickup 

arranged. 

may be 

SWIMMING POOL 

Pool information will be issued to you soon. Please note that a 

pool pass will only be issued to zero balance accounts. Also 

will be sending 

we 

you revised pool rules which changes 

restriction. 

the age 

The rule now reads that a child 12 or younger must be 

accompanied by an adult. The new ruling states that children 14 or 

younger must be accompanied by an adult. Violation of any pool 

rule will result in loss of pool privileges.

PETS 

-3- 

Pets, when outside of the unit, must be leashed and accompanied by 

the owner at all times. Walking of pets in the common areas away 

from the buildings, walks and drives is encouraged. Pet owners are 

required to clean up any defecation in the areas around building, 

walks and drives. We have been notified by the lawn service 

company that, due to the pet owners not picking up after their 

pets, it is very difficult to mow the lawn. 

If anyone notices that a pet is not on a leash or is not being 

cleaned up after, please call the St. Louis County Animal Control 

726-6655 to issue a complaint. Pet owners are responsible to 

insure that their pets (inside or outside of units) do not 

constitute a nuisance to other residents. 

SAFETY RULE 

There shall be no bike riding, skate boarding, skating, game 

playing, or recreational activities of any kind on the parking lots 

or sidewalks of the Fern Ridge condominium property. 

CTROPOLITAN SEWER DISTRICT BILL 

Are you aware your Metropolitan Sewer District Bill is now based on 

water usage Please take the time to check and repair as necessary 

any dripping faucets or running toilets. Careless and excessive 

water usage contributes to excessive expenses. 

OUTSIDE WATER FAUCETS 

Now that warm weather has arrived, it is time to start using the 

water from the outside faucets. Anyone on the lower level who has 

a valve inside your unit that was turned off in the Fall, please 

turn it back on now. 

FENCE 

The wooden fence between Fern Ridge and the shopping center is not 

on Fern Ridge's property and is not the Association's 

responsibility to maintain. The Board is trying to work with the 

owner of the shopping center to get this area looking nice.

VrR I1T)(J CO!flC)WN1T P(}OL RITIJ' &T fC11i &T1flS 

I 

Pool keys will be given to all owners who do not have an outstanding balance with Fern Ridge Condominium Association, 

have completed a Unit Information Form and who have a Lease on file (if applicable) with the Management Company. 

Owners may transfer their passes to tenants who have a signed lease on file with Fern Ridge Condominium Association. 

The pool will be open from 6:00 am - 12:00 am. 

Anyone under the age of eighteen (18) must be 

accompamed by an adult. (St Louis County requirement) 

4. 

All guests must be accompanied by a resident while using the pool facilities. No more than five guests per umt will be 

allowed. Arrangements for large groups may be made bycontacting the Management Company. 

Admission to the pool is refused to anyone with skin abrasions, infections, or anyone whose physical condition could 

endanger the health of others. This condition includes alcohol and drug related influences. 

No pets are allowed in the pool area. 

Only swimming apparel is allowed while swimmirg, no shorts or cut-offs 

Air mattresses, swim fins and other accessories are limited to times when the use of this type of equipment will not 

interfere with other swimmers' use of the pool. 

9. No excessively oily lotions are permitted m the pool or on the furniture. 

Barbecue grills, mirrors glass containers or other breakables are not permitted in the pool area. 

Damage of property, including the trees and shmbbeiy, is not permitted. Any person who causes such damage shall be 

held personally and financially responsible. Damage may also include litter of any kind (i.e. cigarette butts, cans, food 

wrappers. etc.). 

Personal conduct in the pool area must be such that the safety and enjoyment of all individuals is not jeopardized. This 

includes no running, pushing, horseplay, hardball, frisbees, loud radios, excessive noise, etc. 

Management is not responsible for loss or damage to anypersonal property of any kind 

This pool is for Fern Ridge residents and their guests. We ask all residents to help enforce this by asking trespassers to 

leave Trespassers will be prosecuted- In the event trespassers do not leave, contact the St. Louis County Police at 889- 

2341 for assistance. 

Swim at your own risk. Lifeguards are not provided. 

In order to protect the rights of all residents, the Board of Trustees reserves the right to suspend any violator from the use of 

the pool and the pool area for any period deemed appropriate. 

This is not a public pool, it belongs to you. It is your responsibility to follow and help enforce the rules. 

ENJOY THE SUMMER!

Condominium Resale Certificate - Williams & Williams

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