Park Charles South
A planned community of 1,050 homes situated in unincorporated
St. Charles County.
OF COVENANTS AND RESTRICTIONS
made this 4th day of February, 1975, by COMMUNITY SAVINGS SERVICE CORPORATION,
a Missouri corporation, hereinafter called "Developer", WITNESSETH THAT:
is the owner of real property described in Article II of this Declaration,
together with abutting parcels of property, and desires to create thereon
a planned community with open spaces and common facilities to be known
as PARK CHARLES SOUTH and, to this end, desires to subject said real property
and, from time to time, portions of such abutting property, to the covenants,
easements and liens herein, and to restrictions as appropriate, all for
the benefit of said property and all future owners thereof; and
WHEREAS, for the
preservation of values and for the benefit of said property and all future
owners thereof, Developer intends to cause The Park Charles Association,
a Missouri not-for-profit corporation, to be organized to maintain and
administer such common facilities, collect and disburse the assessments
herein authorized, and enforce certain of the covenants and restrictions
herein. NOW, THEREFORE, Developer declares that the real property described
in Article II, and such additions thereto as may hereafter be made, is
and shall be held, transferred, sold, conveyed and occupied subject to
the covenants, restrictions, easements, charges and liens (sometimes referred
to as "covenants and restrictions") hereinafter set forth.
The following words, when used in this Declaration, shall have the following
shall mean The Park Charles Association, a not-for-profit corporation.
(b) "Park Charles
South" shall mean the property described in Article II and any additions
thereafter made thereto.
(c) "Common Properties"
shall mean the areas of land designed as Common Properties on any recorded
plat on any part of Park Charles South and intended to be devoted to the
common use and enjoyment of the Owners; such Common Properties may be designated
for the use of all Owners of Park Charles South or restricted to usage
of Owners of designated lots.
(d) "Lot" shall mean
any plot of land shown on any recorded subdivision plat of any portion
of Park Charles South except for streets and Common Properties.
(e) "Living Unit"
shall mean a building or a portion of a building which is intended for
use and occupancy as a residence by a single family.
(f) "Multifamily Structure"
shall mean any building containing two or more Living Units under one roof.
(g) "Owner" shall
mean the record owner, whether one or more persons or entities, of fee
simple title to any Lot or Living Unit.
SUBJECT TO THIS DECLARATION:
SECTION 1. EXISTING
PROPERTY: The real property which is, and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration is situated in
St. Charles County, Missouri, and described as follows:
PARK CHARLES SOUTH
PLAT 1 according to the Plat thereof recorded in Plat Book 19, 20 and 21
of the St. Charles County Recorder's Office EXCEPTING THEREFROM Tracts
A and B.
which said property
shall hereafter be referred to as "Existing Property".
SECTION 2. ADDITION
TO EXISTING PROPERTY: Developer, at its election and from time to time,
may add to any land then abutting any portion of Park Charles South, the
land so added to be bound by all the terms and conditions of this Declaration,
except that the Restrictions contained in Article VII hereof shall not
apply unless specifically adopted in the instrument adding such land, and
such instrument may provide specific restrictions for the land so added.
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. MEMBERSHIP:
Each person or entity who is a record owner in fee of any Lot or Living
Unit in Park Charles South shall be a member of the Association.
SECTION 2. VOTING
RIGHTS: The Association shall have the following two classes of voting
Each Owner, other than Developer, shall be entitled to one vote for each
Lot or Living Unit. When more than one person holds an interest in any
Lot or living Unit, all such persons shall be members and the vote for
such Lot or Living Unit shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to any such
Lot or Living Unit.
Developer shall be the Class B member and shall be entitled to two times
the number of votes to which all Class A members are entitled until the
sale of all lots of Park Charles South, or December 31, 1985, whichever
occurs first. From and after the happening of either event, the Class B
member shall be deemed a Class A member, entitled to one vote for each
Lot or Living Unit it then owns.
RIGHTS IN THE COMMON GROUND
SECTION 1. MEMBERS'
EASEMENT OF ENJOYMENT: Subject to the provisions of Sections 3 and
4 of this article, every Member shall have a right and easement of enjoyment
in and to the Common Properties and such easement shall be appurtenant
to and shall pass with the title to every Lot or Living Unit.
SECTION 2. TITLE
TO COMMON PROPERTIES: Developer, at its election, may retain legal
title to Common Properties until improvements have been completed thereon
and until Developer determines that Association is able to maintain such
property. Notwithstanding, Developer covenants, for itself, its successors,
and assigns, that it will convey the Common Properties to the Association,
free and clear of all liens and encumbrances, no later than December 31,
SECTION 3. MEMBERS'
EASEMENTS: The rights and easements of enjoyment created hereby shall
be subject to:
SECTION 4. LIMITED
COMMON PROPERTY: Notwithstanding the foregoing, property within Park
Charles South may be designated as Common Property and restricted to usage
by the Owners of designated Lots or Living Units, such designation to be
established on the plat established such Common Property or by instrument
adding the land described in said plat to Park Charles South, provided
(a) The right of Developer
and of the Association, in accordance with its Articles and By-Laws, to
borrow money for the purpose of improving the Common Properties and, in
aid thereof, to mortgage said properties. In the event of default under
any such mortgage, the lender's rights shall be limited to the right, after
taking possession, to charge admission and other fees as a condition to
continue enjoyment by Members and the right to open the use of such properties
to the public.
(b) The right of the
Association, as provided in its Articles and By-Laws, to suspend the enjoyment
rights of any Member, for a period during which any assessment remains
unpaid, and for any period not to exceed thirty (30) days for any infraction
of its published rules and regulations.
(c) The right of the
Association to charge reasonable admission and other fees for the use of
the Common Properties; and
(d) The right of the
Association to dedicate or transfer all or any part of the Common Properties
to any public agency or authority, subject, however, to such conditions
a are set forth in an instrument executed by not less than those Members
entitled to cast two-thirds of the votes of each class of membership.
(a) No part of the
cost of capital improvements, repairs, maintenance or any other expenses
of said restricted Common Property shall be paid from the general funds
of the Association or any assessment paid by Owners not permitted to use
such restricted Common Property.
(b) The governance
of such restricted Common Property may be vested in the Association or
in a special group, functioning as a part of the Association in independent
therefore, consisting of Owners entitled to use such restricted Common
Property. The instruments establishing such restriction on Common Property
shall provide for governance thereof and shall grant to the governing body
such rights of assessment as required for the maintenance, operation and
improvement of such restricted Common Property.
SECTION 1. CREATION
OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS: Developer, for
each Lot and Living Unit owned by it within Park Charles South, hereby
covenants, and each Owner of any Lot or Living Unit, by acceptance of a
deed therefor, whether or not it shall be so expressed in any such deed
or other conveyance, is deemed to covenant and agree to pay the Association:
(1) annual assessments or charges; (2) special assessments for capital
improvements, such assessments to be fixed, established, and collected
from time to time as hereinafter provided. The annual and special assessments,
together with interest thereon and costs of collection thereof as hereinafter
provided, shall be a charge and a continuing lien upon the Lot or Living
Unit against which each such assessment is made. Each such assessment,
together with interest thereon and cost of collection thereof as hereinafter
provided, shall also be the personal obligation of the person who was the
Owner of such Lot or living Unit at the time when the assessment fell due.
SECTION 2. PURPOSE
OF ASSESSMENTS: Assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the
Owners, residents, and tenants of Park Charles South and the invitees and,
in particular, for the improvement and maintenance of properties, services
and facilities devoted to this purpose and related to the use and enjoyment
of the Common Properties, including but not limited to, the payment of
taxes and insurance thereon and repair, replacement, and additions thereto,
and for the cost of labor, equipment, materials, management and supervision
ASSESSMENTS: Annual assessments shall be fixed by the Board of Directors
of the Association at not more than the following:
Should the annual
assessments be less than the above maximums, then the reduction shall be
pro rata for each class of property.
(a) Fifty Dollars
($50.00) per year for each single family residence lot.
(b) Fifty Dollars
($50.00) per year for each living Unit other than a single family residence
(c) For commercial
property such amount as Developer and the Board of Directors of the Association
shall agree upon in writing at the time such property is added to Park
Charles South. Such assessments for the commercial property shall take
into account proposed density of usage of the commercial property, anticipated
usage, if any, of Common Property facilities and/or streets, easements,
etc., occasioned by such commercial development and other matters related
to the equitable establishment of such assessments.
may be increased after December 31, 1977, but not more often than once
during any three-year period by vote of the Members, as hereinafter provided.
be collected on a semi-annual basis.
SECTION 4. SPECIAL
ASSESSMENT FOR CAPITAL IMPROVEMENTS: In addition to annual assessments,
the Association may levy in any year a special assessment for that year
for the purpose of defraying in whole or in part, the cost of contracting,
reconstructing, repairing or replacing a capital improvement upon Common
Properties, provided any such assessment has the assent of two-thirds (2/3)
of the votes of each class of Members who are voting in person or by proxy
at a meeting duly called for this purpose, written notice of which shall
be sent to all Members at least thirty (30) days in advance and shall set
for the purpose of the meeting.
SECTION 5. QUORUM:
Members, or proxies, entitled to cast not less than sixty percent (60%)
of all votes authorized for each class of membership shall constitute a
quorum for a meeting under Section 4 hereof. If the required quorum is
not present, a second meeting may be called upon notice in the manner required
in Section 4, the required quorum at such meeting being thirty (30%) of
all such votes.
SECTION 6. ASSESSMENT
PAYMENT DATES: The annual assessments provided for herein for the first
year shall be payable on a date established by the Board or Directors of
the Association. One-half (1/2) of each subsequent annual assessment shall
be payable on March 1, and the remaining one-half (1/2) on September 1
of each year. The due date of any special assessment shall be established
in the resolution authorizing that assessment. Notices of assessment due
date shall be mailed to each Unit Owner by the Board of Directors of the
Association at least fifteen (15) days prior to such due date.
SECTION 7. NON-PAYMENT
OF ASSESSMENTS: If an assessment is not when due, it, together with
interest thereon and cost of collection thereof, shall become a continuing
lien on the Lot of Living Unit against which it is assessed. Notwithstanding,
it shall be the personal obligation of the Owner to pay such assessment.
If the assessment is not paid within thirty (30) days after due date, it
shall bear interest from that date at the rate of six percent (6%) per
annum. The Association may either bring action at law against the Owner
of may foreclose the lien against the property and, in either event, there
shall be added to the assessment costs and a reasonable attorney's fee,
to be established by court.
SECTION 8. SUBORDINATION
OF THE LIEN TO MORTGAGE: The lien of any assessment shall be subordinate
to the lien of any mortgage or deed of trust then against the Lot or Living
Unit subject to the assessment.
SECTION 9. EXEMPT
PROPERTY: All Common Properties, any parts of the properties dedicated
to public authority and devoted to public use, and any part of Park Charles
South exempt from taxation under the laws of the State of Missouri, shall
be exempt from all assessments.
SECTION 1. COMPOSITION:
December 31, 1985, or until Developer has sold all Lots in Park Charles
South, whichever is first to occur, the Architectural Control Committee
shall consist of three (3) individuals appointed by Developer. After the
happening of the first of either such event, the Architectural Control
Committee shall be composed of three Owners appointed by the Board of Directors
of the Association.
SECTION 2. REVIEW
BY COMMITTEE: No residential building, fence , wall or other structure
shall be commenced, erected or maintained upon Park Charles South, nor
shall any exterior addition to or change or alteration therein be made
until the plans and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been submitted to and approved
in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Architectural Control committee.
Failure to approve or disapprove any such plan within thirty (30) days
after submission shall be deemed approval.
SECTION 1. GENERAL
PROVISIONS: All of the Existing Property shall be subject to the following
SECTION 2. PROVISIONS
APPLICABLE TO ORIGINAL LOTS: All Lots of Park Charles south Plat I,
and any other lots which are specifically made subject to this section,
shall be subject to the following use provisions:
(a) LAND USE:
No building or structure shall be used for a purpose other than that for
which the building or structure was originally designed, without the approval
of the Architectural Control Committee.
OF TRAFFIC: No fence, wall, tree, hedge or shrub planting shall be
maintained in such a manner as to obstruct sight lines for vehicular traffic.
No noxious or offensive activity shall be carried on upon any portion of
Park Charles South, nor shall anything be done thereon that may be or become
a nuisance or annoyance to the neighborhood. No exterior lighting shall
be directed outside the boundaries of a Lot or other parcel.
Within any slope control area established by Developer, no structure, planting,
or other materials shall be placed or permitted to remain, nor shall any
activity undertaken, which may damage or interfere with established slope
ratios, created erosions or sliding problems, or change the of flow or
drainage channels, or obstruct or retard the flow of water through drainage
No fence or wall of any kind shall be erected, begun, or permitted to remain
upon any residential Lot unless approved by the Architectural Control Committee.
(f) NO COMMERCIAL
ACTIVITIES: No commercial activity of any kind shall be conducted in
any Living Unit, but nothing herein shall prohibit the renting and management
of Multifamily Structures, nor the carrying on of promotional activities
by the Developer.
No hogs, cows, horses, rabbits, chickens, goats, poultry, birds, livestock,
or animals of any kind, other than house pets, shall be brought onto or
kept on Park Charles South; and no more that two (2) dogs, cats, or other
such pets may be kept or maintained in any Living Unit.
(h) PARKING OF
MOTOR VEHICLES, BOATS AND TRAILERS: No trucks or commercial vehicles,
boats, house trailers, boat trailers, and trailers shall be permitted to
be parked or to be stored on any residential or multiple dwelling Lot unless
they are parked or stored in an enclosed garage or in such other enclosure
approved by the Architectural Control Committee. This prohibition shall
apply to temporary parking of trailers, trucks and commercial vehicles
during construction and for pickup, delivery or other commercial services.
(i) OVERHEAD WIRING:
No power or telephone distribution or service connection lines may be erected
or maintained above the surface of the ground or Lot with the consent in
writing by the Architectural Control Committee established hereby.
(j) LAUNDRY POLES:
No permanent poles for attaching wires or lines for the purpose of hanging
laundry thereupon shall be erected, installed or constructed on any Lot.
(k) FUEL TANKS:
No fuel tank or container of any nature shall be placed, erected, installed
or constructed on nay residential or multiple dwelling Lot, Unless approved
by the Architectural Control Committee.
(l) TEMPORARY STRUCTURES:
No structure of a temporary character, trailer, basement, tent, shack,
garage, barn or other outbuilding shall be used on any Lot at any time
as a residence, either temporarily or permanently.
No signs, advertisements, billboards or advertising structures or any kind
may be maintained on any residential or multiple dwelling Lot, except that,
one advertising sign not more than five (5) feet square may be placed on
any Lot for the exclusive purpose of advertising the same for sale of lease.
(n) DUMPING OF
RUBBISH: No Lot shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall be kept in sanitary containers.
(o) CARE AND APPEARANCE
OF PREMISES: The Structures on and surface of each Lot shall be maintained
in a neat and attractive manner. The Association shall the right (upon
twenty (20) days notice to the Owner of the property involved, setting
forth the action intended to be taken, and if at the end of such time such
action has not been taken by the Owner), at the expense of the Owner, to
remove trash or rubbish, cut grass, weeds and vegetation or to trim or
prune any hedge or other planting that, in the opinion of the Architectural
Control Committee, is detrimental to adjoining property or is unattractive
in appearance. The Association, upon like notice and conditions, is authorized
to care for vacant or unimproved property, all to the cost and expense
of the Owner. Such costs and expenses incurred by the Association shall
be paid to the Association upon demand and, if not paid within ten (10)
days thereof, shall become a lien upon the property affected, equal in
priority to the lien provided for in Article V hereof.
SECTION 3. ADOPTION
OF ADDITIONAL RESTRICTIONS: The restrictions contained in this Article
VII shall not apply to any property subsequently added to Park Charles
South unless the instrument adding this property, or any other instrument
in writing, specifically makes applicable to such property so added the
restrictions above set forth in this Article VII or any portion thereof.
In lieu of the restrictions set forth in this Article VII, other restrictions
may be adopted by instrument in writing for any property so added to Park
(a) LAND USE:
None of said Lots shall be improved, used or occupied for other than private
residential purposes, for occupancy by a single family.
(b) HEIGHT LIMITATION:
Any residence erected on any of said Lots shall not be more than two (2)
levels in height, above ground, without written consent of the Architectural
(c) MINIMUM SIZE
REQUIREMENTS: Each single-story residence shall contain a minimum of
1,200 square feet of enclosed floor area. Any residence of two levels above
ground shall contain a minimum of 900 square feet of enclosed floor area
on the first level above ground level, and an overall above minimum of
1,800 square feet of enclosed floor area in the two levels above ground
level. Any residence of a level or part of a level below ground level shall
contain an overall minimum of 1,200 square feet or enclosed floor area
in levels above ground level. The words "enclosed floor area" as used herein
shall mean and include area of the residence enclosed and finished for
all year occupancy, computed on outside measurements of the residence,
and shall not mean or include any areas in basements, garages, carports,
porches or attics.
(d) BUILDING LINES:
No part of any residence shall be located on any Lot nearer to the front
street or the side street than is the front building line or the side building
line shown on the recorded plat; nor shall any part of any residence by
located on any Lot nearer than seven (7) feet to the side property line
nor nearer twenty-five (25) feet to the rear property line. However, a
residence or part of any residence may be located on any Lot nearer than
the said building line shown upon said plat with the written consent in
writing of the Architectural Control Committee. Bay windows, cornices and
vestibules may extend not more than two (2) feet beyond any such building
line and unenclosed porches may project not more than six (6) feet beyond
the front building line.
No residence shall be permitted to stand with its exterior in an unfinished
condition for longer than five (5) months after commencement of construction.
In the event of fire, windstorm, or other damage, no building shall be
permitted to remain in a damaged condition longer than three (3) months.
(f) GARAGES AND
CARPORTS: All garages and carports must be attached to the main dwelling
house unless otherwise approved by the Architectural Control Committee.
All garages facing any street must be equipped with doors which shall be
closed as much as practicable to preserve the appearance of the elevation
of the house fronting on the street.
All dwelling houses shall front or present a good frontage on the street
on which it is located as shown on the recorded plat unless otherwise approved
by the Architectural Control Committee. Dwelling houses located on corner
Lots shall front or present a good frontage on both streets unless otherwise
approved by the Architectural Control Committee.
SECTION 1. UTILITY
EASEMENTS: Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on any recorded plat for
Park Charles South. Such easements shall include the right of ingress and
egress for construction and maintenance purposes. No structure, planting
or other material shall be placed or permitted to remain within these easements
which may damage or interfere with the installation or maintenance of utilities
or which change the direction or flow of drainage channels, or which in
any other manner obstruct the use for which the easements are reserved.
SECTION 2. EASEMENT
FOR INSTALLATION OF POST LAMPS: There shall be and is hereby reserved
to the Developer a perpetual and non-exclusive easement to install a post
lamp on any Lot at any time, such easement to include, but not be limited
to, the right to install, relocate and maintain all necessary underground
wire and/or leads into any Living Unit situated upon Park Charles South.
SECTION 3. EASEMENT
FOR LANDSCAPING AND RELATED PURPOSES: There shall be and is hereby
reserved to the Developer a perpetual and Non-exclusive easement over all
Lots, or any Common Area or Community Facility, for a distance of ten (10)
feet behind any Lot line which parallels a street (whether public or private)
for the purpose of erecting and maintaining street intersection signs,
directional signs, temporary promotional signs, entrance features, lights,
stone wood or masonry wall features and/or related landscaping.
SECTION 4. CONTEXT:
As used in this article, the term "Lot" shall be deemed to include all
parcels or property which are part of park Charles South.
SECTION 1. AMENDMENTS:
The covenants and restrictions of this Declaration shall be subject to
amendment at any time upon approval of such amendment in writing by two-thirds
(2/3) of the members of each class of the Association, provided:
SECTION 2. DURATION:
The covenants and restrictions of this Declaration shall run with and bind
the land, and shall inure to the benefit of and be enforceable by the Association
and the Owner of any land subject to this Declaration, their respective
leg representatives, heirs, successors, and assigns, for a term of thirty
(30) years from the date this Declaration is recorded, after which time
said covenants shall be automatically extended for successive periods of
ten (10) years unless an instrument signed by the then owners of two-thirds
(2/3) of the Lots or Living Units has been recorded, agreeing to cancel
(a) Any amendment
of restrictions applicable to only certain Lots or Property in Park Charles
South or to certain specified usages shall be valid only if approved in
writing by two-thirds (2/3) of the Owners of property directly affected.
(b) Amendments relating
to the governance of Limited Common Property as referred to in Section
4 of Article IV hereof shall be made as provided in the governing instrument,
or if no provision for amendment is specifically made in such instrument,
then such amendment may be effected upon written approval of two-thirds
(2/3) of the Owners of property entitled to the use of such limited Common
SECTION 3. NOTICES:
Any notice required to be sent to any Member or Owner under the provisions
of this Declaration shall be deemed to have been properly sent when mailed,
postpaid, to the last known address of the person who appears as Member
or Owner on the records of the Association at the time of such mailing.
SECTION 4. ENFORCEMENT:
Enforcement of these covenants and restrictions shall be by a proceeding
at law or in equity against any person or persons violating or attempting
to violate any covenant or restriction, either to restrain violation or
to recover damages and failure by the Association or any Owner to enforce
any covenant or restriction herein contained shall in no event be deemed
a waiver of the right to do so thereafter.
SECTION 5. SEVERABILITY:
Invalidation of any of these covenants or restrictions by judgement or
court order shall in no way affect any other provisions which shall remain
in full force and effect.
IN TESTOMY WHEREOF,
Developer has caused this Declaration to be executed by its President and
its corporate seal affixed, upon authority of its Board of Directors, the
day and year first above written.
THIS IS A COPY.
THE ORGINAL IS FILED WITH ST. CHARLES COUNTY.
of Park Charles South
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