Park Charles South

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Newsletter-Winter/Spring 2000
Updated 2/13/00

A planned community of 1,050 homes situated in unincorporated St. Charles County.




THIS DECLARATION, made this 4th day of February, 1975, by COMMUNITY SAVINGS SERVICE CORPORATION, a Missouri corporation, hereinafter called "Developer", WITNESSETH THAT:

WHEREAS, Developer 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.


SECTION 1. The following words, when used in this Declaration, shall have the following meanings:


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.


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 membership:

CLASS A: 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.

CLASS B: 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.


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, 1985.

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 that:

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 thereof.

SECTION3. ANNUAL 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.

Annual 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.

Assessments shall 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: Until 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 restrictions:

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: 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 Charles South.

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 said covenants.

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.

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