AMENDMENT TO
DECLARATION OF
RESTRICTIONS.
COVENANTS AND CONDITIONS’ OF
QUAIL CREEK
THIS
AMENDMENT’, to the Declaration of Restrictions, Covenants and Conditions for
Quail Creek is adopted this 30th day of March, 1994 by Quail Creek, Inc., the
Developer and is effective
WITNESSETH:
WHEREAS, the Developer adopted the
Declaration of Restrictions, Covenants and conditions of Quail Creek on May 12,
1989, and they were recorded in Book 2057 at Page 1914 in the Office of the
Recorder of Deeds for Greene County, Missouri, and
WHEREAS, Article X, Section 3 thereof
permits the Developer to amend the Declaration of Restrictions, Covenants and
Conditions for a period of seven (7) years from the date of recordation
thereof.
WHEREAS, the Developer amended Section 1,
2 and 3 of Article vi, entitled “Covenant for Assessment” and added Article
VIII Section 9 (d) on August 12, 1991, and they were recorded in Book
2154 at Page 0343 in the Office of the Recorder of Deeds for Greene County, Missouri,
and.
WHEREAS, the Developer wishes to amend
Article I “Definitions” Section 1 (e) “Property or Properties”.
NOW THEREFORE, the Developer does hereby
amend Article I, “Definitions” as follows:
Section 1 (e) is deleted and the following
shall be substituted therefore:
“(e) “Property” or “Properties” shall mean
and refer to the 68 acres set forth above, and referred to as QUAIL CREEK, and
the following 40 acres:
ALL OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST
QUARTER (SW1/4) OF SECTION FOURTEEN (14), TOWNSHIP
TWENTY-EIGHT (28), RANGE TWENTY-TWO (22),
and any additional real estate acquired ‘by Developer
and developed in conjunction with Quail Creek, upon filing an amendment with
the Greene County Recorder of Deeds which states the legal description of the
additional real estate to be included in the Property.”
IN WITNESS WHEREOF, the undersigned, Quail Creek,
Inc., the Developer, has caused this Amendment to Declaration of Restrictions,
Covenants and Conditions of Quail Creek, to be executed this 30th day of March,
1994, effective December 31, 1992.
QUAIL CREEK, INC.
BY:
Ronald K. Stenger, President
ATTEST:
Leah E. Stenger, Secretary
STATE OF
)
SS
On this 30th day of
March, 1994, before me personally appeared Ronald K. Stenger, to me personally
known, who being by me duly sworn did say that he is the President of Quail
Creek, Inc., Springfield, Missouri, and that said instrument was signed on
behalf of said corporation by authority of its Board of Directors and said
President acknowledged said instrument to be the free act and deed of said
corporation, and that said corporation has no corporate seal.
IN TESTIMONY
WHEREOF, I have hereunto set my hand an affixed my official seal, at my office
in
CONNIE
A. COVEY, Notary Public
My
Commission Expires OCT 8. 1997
AMENDMENT TO DECLARATION OF
RESTRICTIONS. COVENANTS AND CONDITIONS OF
QUAIL CREEK
THIS AMENDMENT, to the Declaration of Restrictions,
Covenants and Conditions for Quail Creek is adopted this 12th day of August,
1991 by Quail Creek, Inc., the Developer.
WITNESSETH:
WHEREAS, the Developer adopted the
Declaration of Restrictions, Covenants and conditions of Quail Creek on May 12,
1989, and they were recorded in Book 2057, at Page 1914 in the Office of the
Recorder of Deeds for Greene County, Missouri, and
WHEREAS, Article X, Section 3
thereof permits the Developer to amend the Declaration of Restrictions, Covenants
and Conditions for a period of seven (7) years from the date of recordation
thereof.
WHEREAS, the Developer wishes to amend
portions of Article VI, entitled “Covenant for Assessment” and to add a
restriction on Lawn ornaments.
WHEREAS, the amendments to Article VI were
approved by the Members at a duly constituted special meeting of the Members of
the Association on
NOW THEREFORE, the Developer does hereby
amend Article VI, Covenant for Assessments” as follows:
Section 1: Creation of the Lien
and Personal Obligations of Assessments; Section 2: Purpose of
Assessments and Section 3: Annual
Assessments are deleted and the following shall be substituted therefore:
ARTICLE VI
Covenant for Assessment
“Section 1:
Creation of the Lien and Personal Obligations of
Assessments. The Developer, for each
Lot owned within QUAIL CREEK hereby covenants, and each Owner of any Lot, by
acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association: (1) Annual
assessments or charges, and (2) Special assessments for capital improvements,
and (3) Initial Assessment for the swimming pool, tennis courts and other
amenities; such assessments to be established and collected as hereinafter
provided. The annual, special and initial assessments, together with interest,
costs and reasonably attorneys’ fees, shall, to the full extent permitted by
law, be a charge on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys’ fees, shall also be the personal
obligation of the person who was the Owner of such property on the effective
date of the assessment. The personal obligation for delinquent assessments
shall not pass to his successors in title, but, nevertheless, the lien arising
by reason of such assessment shall continue to be a charge and lien upon the
land as provided. The Developer shall not be considered a member for purposes
of assessment, and shall pay no assessments.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used for the purpose of promoting the general
benefit, recreation, health, safety and welfare of the residents of QUAIL
CREEK. Such purposes shall include, but shall not be limited to, and the
Association’s rights and powers shall include (in addition to the rights and
powers set forth in this Declaration and in the Association’s Articles of Incorporation
and By—Laws) provision for the improvement, construction, repair, maintenance,
care, upkeep and management of the Common Areas and the improvements and
facilities thereon; and further, shall include the payment of any taxes and
assessments, if any, which may be assessed and levied upon any property owned
by the Association, together with all other costs and expenses related to the
management and maintenance of the Common Areas; and further, the reimbursement
of the Developer for the operating deficit of the Association and the
Developer’s cost of the improvements and facilities of the Common Area
amenities of the Association. Nothing contained herein shall limit the
Association’s rights and powers granted in this Article or granted elsewhere in
this Declaration and the Articles of Incorporation and By-Laws of the
Association.
Section 3.
Annual Assessment.
(a)
The annual assessment shall consist of annual dues and the annual fee for trash
service. The annual assessment shall be payable within 10 days of notice of the
amount of the annual assessment. The annual dues for 1991 for all Members prior
to
(b)
The annual assessment for 1992 through 1996 shall be $250 annual dues, plus the
actual charge for the annual trash service, which presently is $90 per year,
but will increase because of the new solid waste and recycling ordinance passed
by the City of
(c)
After 1996, the annual assessment may be increased each year, without a vote of
the Members, by an amount which is not more than ten (10%) percent above the
prior year’s annual assessment except that in the event that the annual
assessment is not sufficient to pay for the maintenance, taxes and insurance on
the common area, the annual assessment will be increased by an amount
sufficient to pay for the maintenance, taxes and insurance on the Common Area.
(d)
Any deficit in the operation of the Association prior to
Article VI, Covenant for
Assessments is amended by adding a new Section 3.1: Initial
Assessment as follows:
“Section 3.1: Initial Assessment. After
Article VIII, Use and
Building Restrictions is amended to add to Section 9: Landscaping
and Lawns, the following Section 9(d).
Section 9:
Landscaping and Lawns.
“(d) Lawn ornaments such
as, decorative lawn statues of animals, birds and other wildlife, or any other
lawn structures of any nature or kind shall not be erected, placed, or
maintained on any lot within Quail Creek without the prior approval of the
Architectural Committee.”
IN
WITNESS WHEREOF, the undersigned, Quail Creek, Inc., the Developer, has caused
this Amendment’ to Declaration of Restrictions, Covenants and Conditions of
Quail Creek, to be executed this 12th day of August, 1991.
QUAIL CREEK, INC.
BY: Ronald K. Stenger
President
ATTEST:
Richard
A. Pendleton
Secretary
STATE OF
) SS
On this 12th day of
August, 1991, before me personally appeared Ronald K. Stenger, to me personally
known, who being by me duly sworn did say that he is the President of Quail
Creek, Inc., Springfield, Missouri, and that said instrument was signed on
behalf of said corporation by authority of its Board of Directors and said
President acknowledged said instrument to be the free act and deed of said
corporation, and that said corporation has no corporate seal.
IN TESTIMONY WHEREOF,
I have hereunto set my hand an affixed my official seal, at my office in
CONNIE
A. COVEY, Notary Public
My
Commission Expires OCT 8. 1993
AMENDMENT TO THE BYLAWS
OF
QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.
This Amendment, to the Bylaws of Quail
Creek Property Owners Association, Inc., is adopted this 12th day of August,
1991 by Quail Creek Property Owner’s Association, Inc.
WITNESSETH
WHEREAS, Article XIII, Section 1 permits
the Board of Directors to amend the Bylaws by a majority vote of the Directors,
and
WHEREAS, on this 12th day of August, 1991,
all of the directors of Quail Creek Property Owner’s Association, Inc. have
voted to amend the Bylaws of the Association.
NOW THEREFORE, the Board of Directors of
the Association does hereby amend Article III, Membership, Section 2. Suspension
of Membership so that it is deleted and the following shall be substituted
therefore:
“Section 2. Suspension
of Membership. During any period in which a member shall be in default in
the payment of any of such member’s annual, special or initial assessment
levied by the Association, the right to use the Common Area and facilities may
be suspended by the Board of Directors until such assessment has been paid.
Such rights of a member may also be suspended, after notice and hearing, for a
period not to exceed ninety (90) days, for violation of any rules and
regulations established by the Board of Directors governing the use of the
Common Area and facilities.”
NOW THEREFORE, the Board of Directors of
the Association does hereby amend Article X, Assessments so that it is deleted
and the following shall be substituted therefore:
ARTICLE X
ASSESSMENTS
“As more fully provided in
the Declaration, each member is obligated to pay to the Association annual,
special and initial assessments which are secured by a continuing lien upon the
property against which the assessment is made.
IN WITNESS WHEREOF, the undersigned Quail
Creek Property Owners Association, Inc. has caused this Amendment of the Bylaws
to be executed the 12th day of August, 1991.
QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.
BY: Ronald K. Stenger
President
ATTEST:
Richard
A. Pendleton
Secretary
DESCRIPTION
DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS
OF QUAIL CREEK
A parcel of land located
in the Northwest Quarter of Section 14, Township—28—North. Range—22-West, more
particularly described as follows:
Beginning at the
northwest corner of the Northwest Quarter of the Northwest Quarter of Section
14. Township—28—North. Range—22-West, thence South 78 degrees 41 minutes 24
seconds East, 731.54 feet to a point on the south right of way line of a
service road. as it now exists for a new point of beginning; thence
South 47 degrees 02 minutes 05 seconds East and along the said south right—of—way
line of the service road 49.83 feet; thence South 86 degrees 39 minutes 06
seconds East and continuing along the said south right—of—way line of the
service road, 307.83 feet; thence South 48 degrees 46 minutes 28 seconds East
and continuing along the said, south right—of—way line of the service road,
270.22 feet; thence South 53 degrees 59 minutes 20 seconds East and continuing
along the said south right—of—way line of the service road, 280.11 feet;
thence North 40 degrees 12 minutes 19 seconds East and continuing along the
said south right—of—way line of the service road, 14.94 feet to the
intersection of the said south right—of—way line of the service road with the
south right—of—way line of James River Freeway, as it now exists: thence South
50 degrees 54 minutes 10 seconds East and along the said south right—of—way
line of James River Freeway, 672.88 feet; thence South 51 degrees 55
minutes 49 seconds East and continuing along the said south right—of—way line,
208.46 feet; thence South 53 degrees 56 minutes 15 seconds East for the
tangent of a curve to the left, having a central angle of 09 degrees 42
minutes 34 seconds and a radius of 2059.86 feet, thence along said curve and
continuing along the said south right—of—way line of James River Freeway,
349.07 feet; thence South 50 degrees 21 minutes 51 seconds West, 390.11 feet:
thence South 33 degrees 53 minutes 10 seconds East. 74.88 feet; thence South 10
degrees 02 minutes 32 seconds East, 71.57 feet; thence South 84 degrees 17
minutes 24 seconds West, 390.79 feet; thence North 88 degrees 04 minutes 34
seconds West, 410.41 feet; thence South, 01 degree 55 minutes 26 seconds West,
20.0 feet: thence North 88 degrees 04 minutes 34 seconds West, 185.00 feet to a
point on the west line of the Southeast Quarter of the Northwest Quarter of
Section 14; thence North 01 degree 55 minutes 26 seconds East and along the west
line of the said Southeast Quarter of the Northwest Quarter of Section
14, 336.30 feet to the southeast corner of the said Northwest Quarter of
the Northwest Quarter of Section 14: thence North 88 degrees 57 minutes 36
seconds West and along the south line of the said Northwest Quarter of the
Northwest Quarter of Section 14, 892.02 feet; thence North 01 degree 52
minutes 36 seconds East, 75.00 feet: thence North 38 degrees 09 minutes
45 seconds East, 355.0 feet; thence North 54 degrees 03
minutes 30 seconds East, 232.12 feet: thence North 42 degrees 44 minutes
01 second East, 263.00 feet: thence North 01 degree 55 minutes 26 seconds East,
368.61 feet: thence North 88 degrees 49 minutes 03 seconds West, 198.95 feet to
the tangent of a curve to the left having a central angle of 75 degrees 35
minutes 56 seconds and a radius of 15.0 feet: thence along said curve 19.79
feet; thence North 74 degrees 24 minutes 59 seconds West. 6O.00 feet; thence
North 15 degrees 35 minutes 01 second East for the tangent of a
curve to the left, having a central angle of 14 degrees 24 minutes 04 seconds
and a radius of 380.0 feet; thence along said curve 95.51 feet; thence
North 01 degree 10 minutes 51 seconds East, 29.50 feet to the new point of
beginning. A part being in
The Southeast Quarter (SE1/4) of the
Northwest Quarter (NW1/4) of Section
Fourteen (14), Township Twenty—Eight (28),
Range Twenty—Two (22), in Greene
County,
ARTICLES OF INCORPORATION
OF
QUAIL CREEK PROPERTY OWNERS ASSOCIATIONS.
TO THE SECRETARY OF STATE,
We,
the undersigned,
Name
Address
City/State
Ronald K.
Stenger
3985
Richard A.
Pendleton
1430 Oakmont
David P.
Oliver
5662 Southwood
being natural persons of the age of twenty-one (21)
years or more and citizens of the
Incorporation:
1.
NAME: The name of the corporation is Quail Creek Property Owners
Association, Inc.
2.
DURATION. The period of duration of the corporation is perpetual.
3. REGISTERED
OFFICE AND AGENT. The address of its initial Registered Office in the
State. of Missouri is 2003 East Sunshine, in the City of Springfield, Missouri 65804,
County of Greene, and the name of its initial Registered Agent at said.,
address is Ronald K. Stenger.
4.
INITIAL BOARD OF DIRECTORS. The first Board of Directors shall be three
(3) in number, their names and addresses being as follows:
Name
Address
City/State
Ronald K.
Stenger
3985
Richard A. Pendleton
1430
Oakmont
David P.
Oliver
5662
Southwood
The number of directors may be increased
or decreased, from time to time, by amendment to the by-laws.
5.
PURPOSE. The purpose or purposes for which the corporation is organized
are:
(a)
To provide for the maintenance, preservation and architectural control of the
lots, building and grounds, and all common area now or hereafter developed upon
the following property in
Quail Creek
Subdivision, a subdivision in
And further to promote the health, safety
and welfare of the owners of and the environment within the above-described
property and any additions thereto which may hereafter be brought within the
jurisdiction of this Association by annexation, as provided herein, and for
these purposes this Association shall have the right and responsibility:
(b)
To exercise all of the powers and privileges and to perform all of the
duties and obligations of the Association as set forth in that certain Declaration
of Covenants, Conditions and Restrictions for Quail Creek herein called the
“Declaration,” recorded in the office of the Greene County, Missouri, Recorder
of Deeds at Springfield, Missouri, as the same may be amended from time to time
as therein provided.
(c)
To fix, levy, collect and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in connection
therewith including, but not limited to, expenses for maintenance of and
improvements to the real personal property owned by the Association or used by
the Association Membership; expenses including legal fees and Court costs
incurred in connection with the enforcement of the terms of the Declaration,
and the Articles and Bylaws of the Association, and expenses for any services
provided to the Association membership, and all office and other expenses
incident to the conduct of the business of the Association, including all
licenses, taxes or governmental charges levied or imposed against the property
of the Association.
(d)
To acquire ( by gift, purchase or otherwise) own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or
otherwise dispose of real or personal property in connection with the affairs
of the Association.
(e)
To borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all
of its real or personal property as security for money borrowed or debts
incurred.
(f)
To have and to exercise any and all powers, rights and privileges which a
corporation organized under the Not-For-Profit Corporation law of the State of
(g)
The foregoing notwithstanding, no substantial part of the activities of the
Association shall be devoted to attempting to influence legislation by
propaganda or otherwise within the meaning of the proscriptive provisions of the
Internal Revenue Code. The Association shall not directly or indirectly,
participate in, or intervene in (including the publishing or distributing of
statements) any political campaign on behalf of or in opposition to any
candidate for public office.
6.
MEMBERSHIP. The Developer (Quail Creek, Inc., its successors and
assigns) and every person or entity that is an Owner of a lot in Quail Creek
shall be a member of the Association. Membership shall be appurtenant to and
may not be separated from said ownership.
7.
CLASSES OF MEMBERS AND VOTING RIGHTS. Class A members shall be all of
those owners of lots (with the exception of developer) in Quail Creek. Each
Class A member shall be entitled to one vote for each lot he owns. If more than
one person holds such interest in any lot, all such persons shall be members.
The vote for such lot 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.
Class B members shall
be developer. Quail Creek, Inc., and its successors and assigns. The Class B
members shall be entitled to 10 votes for each lot as shown on the preliminary
and final plat for Quail Creek.
8.
BOARD OF DIRECTORS. The affairs of the Association shall be managed
initially by a board of three (3) directors, two of whom need not be members of
the Association. The number of directors and the classes from which they are
elected may be changed by amendment of the Bylaws of the Association. The initial
three (3) directors shall serve until the first annual meeting of the Board of
Directors,’ and shall thereafter be elected at the time and in the manner set
forth in the Bylaws.
Any director may be removed
from office as provided by the Bylaws of the Association, and in the event of
such removal or the creation of a vacancy through any other cause, such vacancy
shall be filled as provided by the Bylaws of the Association.
9. ANNEXATION OF ADDITIONAL
PROPERTIES.
The Association, by action of the Board of Directors, may annex adjacent
property and common areas in addition to the properties described in Paragraph
5(a) above, and so add to its membership.
10. DISSOLUTION.
The Association may be dissolved by the Board of Directors adopting a
resolution recommending that the Corporation be dissolved, and directing that
the question of such dissolution be submitted to a vote at a meeting of the members
entitled to vote thereon, which may be either an annual or special meeting. The
resolution to dissolve the corporation shall be adopted upon receiving
two-thirds (2/3) of the votes entitled to be cast by members present.
The Assets of the Association
the process of dissolution may be applied and distributed as provided in
Section 355.230, Revised Statutes of Missouri.
11.
Amendments to these Articles of Incorporation shall be made by the Board of
Directors adopting a resolution setting forth the proposed amendment and
directing that it be submitted to a vote at a meeting of the members entitled
to vote thereon, which may be either an annual or a special meeting. The
proposed amendment shall be adopted upon receiving at least two-thirds (2/3) of
the votes entitled to “be cast by members present at such meeting.
These original.
Articles of Incorporation were executed on this 3rd day of May, 1989, by Ronald
K. Stenger, Richard A. Pendleton and David P. Oliver.
BY: Ronald K. Stenger, Incorporator
BY: Richard A. Pendleton, Incorporator
BY: David P. Oliver, Incorporator
STATE OF
) SS
I, Connie A. Covey,
a Notary Public, do hereby certify that on the 3rd day of May, 1989, Ronald K.
Stenger, Richard A. Pendleton and David P. Oliver personally appeared before me
and being first duly sworn by me severally acknowledged that they signed as
their free act and deed the foregoing document in the respective capacities
therein set forth and declared that all the statements therein contained are
true, to their best knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year above written.
CONNIE
A. COVEY, Notary Public
My
Commission Expires OCT 8. 1989
BY-LAWS
OF
QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the Corporation
is Quail Creek Property Owners Association, Inc., hereinafter referred to as
the “Association.” The principal office of the corporation shall be 2003 East
Sunshine,
ARTICLE II
DEFINITIONS
All terms shall be
defined in accordance with the definitions contained in the Amended’ and
Restated Declaration of Restrictions, Covenants and Conditions of Pearson Creek
Subdivision and amendments thereto.
ARTICLE III
MEMBERSHIP
Section 1. Membership. Membership shall be as set forth
in Article VI of the Articles of Incorporation.
Section 2. Suspension of Membership. During any period in
which a member shall be in default in the payment of any of such member’s
annual or special assessment levied by the Association, the right to use the
‘Common Area and facilities may be suspended by the Board of Directors until
such assessment has been paid. Such rights of a member may also be suspended,
after notice and hearing, for a period not to exceed ninety (90) days,
for violation of any rules and regulations established by the Board of
Directors governing the use of the Common Area and facilities.
ARTICLE IV
PROPERTY RIGHTS: RIGHTS OF ENJOYMENT
Section 1. Each member shall be entitled to the use and
enjoyment of the Common Area and facilities as provided in the Declaration. Any
member may assign his rights of enjoyment of the Common Area and facilities to
the members of his family, his tenants or contract purchasers who reside on the
Property. Such member shall notify the secretary in writing of the names of
such persons whose rights and privileges shall be subject to suspension to the
same extent as those of the member.
Section 2. The Association may charge reasonable admission and
other fees for the use of any recreational facilities situated upon the Common
Area.
ARTICLE V
Section 1. Selection and Term of Office. The first Board
of Directors of the Association shall be Ronald K. Stenger, Richard A.
Pendleton and David P. Oliver, and shall hold office until the first annual
meeting of the members. At the first annual meeting of the members, three
directors shall be elected for a term of one year each. Directors shall be
elected by a majority vote of the members entitled to vote at such meeting.
Each director shall hold office for the term for which he is elected or until his
successor shall have been elected and qualified.
Section 2. Removal. Any director may be removed from the
Board, with or without cause, by a majority vote of the members. In the event
of death, resignation or removal of a director by a majority vote of the
members, his successor shall be selected by the remaining members of the Board
and shall serve for the unexpired term of his ‘predecessor.
Section 3. Conversation. No director shall receive compensation
for any service he may render to the Association. However, any director may be
reimbursed for his actual expenses incurred in the performance of his duties,
as approved by the Board.
Section 4. Action Taken Without a Meeting. The directors
shall have the right to take any action in the absence of a meeting which they
could take at a meeting by obtaining the written approval of all the
directors. Any action so approved shall have the sane effect as though taken at
a meeting of the directors.
ARTICLE VI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power:
(a)
To adopt and publish rules and regulations governing the use of the Common Area
and facilities, and the personal conduct of the members and their guests thereon,
and to establish penalties for the infraction thereof;
(b)
To exercise for the Association all powers, duties and authority vested in or
delegated to this Association not reserved to the membership by other provision
of these By—Laws, the Articles of incorporation, or the Declaration;
(c)
To employ a manager, independent contractors, or
such other employees as they deem necessary, and to prescribe their
duties.
Section 2. Duties. It shall be the duty of the Board of
Directors:
(a)
To cause to be kept a record of all its acts and
corporate affairs;
(b)
To supervise all officers, agents and employees of this Association, and to see
that their duties are property performed;
(c)
As more fully provided herein and in
the Declaration:
(1) To fix the
amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period, and
(2)
To send written notice of any change in assessment to every Owner subject thereto
at least thirty (30) days in advance of each annual assessment period;
(d)
To issue, or to cause an appropriate officer to
issue, upon demand by any person, a certificate setting forth whether any
assessment has been paid. A reasonable charge may be made by the Board
for the issuance of these certificates. Such certificate shall be conclusive
evidence of the payment of any assessment therein stated to have been paid;
(e)
To procure and maintain adequate liability insurance, and to procure
adequate hazard insurance on property owned by the Association;
(f)
To cause all officers or employees having fiscal responsibilities
to be bonded in such amounts as it may deem appropriate;
(g)
To cause the Common Area to be maintained.
ARTICLE VII
COMMITTEES
Section 1. Required Committees. The Board of Directors of
the Association shall annually appoint an Architectural Committee, in
accordance with Article VII of the Declaration of Restrictions, Covenants and
Conditions of Quail Creek.
Section 2. Other Committees. In addition to the
foregoing, the Board of Directors shall appoint other committees as deemed
appropriate in carrying out its purposes.
ARTICLE VIII
MEETINGS OF MEMBERS
Section 1. Annual Meetings. The annual meeting of the
members shall be held on the second Tuesday in February at the hour of
Section 2. Special Meetings. Special meetings of the
members may be called at any time by the president or by the Board of
Directors, or upon written request of a majority of the membership.
Section 3. Notice of Meeting. Written or printed notice
stating the place, day and hour of the meeting and, in case of a special
meeting, the purpose or purposes for which the meeting is called shall be
delivered not less than five (5) nor more than forty (40) days before the date
of the meetings, either personally or by mail, by or at the direction of the
president, or the secretary, or the officers or persons calling the meeting, to
each member entitled to vote at such meeting. If mailed, such notice shall be
deemed to be delivered when deposited in the
ARTICLE IX
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this
Association shall be a president and vice—president, who shall at all times be
members of the Board of Directors and a secretary, and such other officers as
the Board may from time to time by resolution determine.
Section 2. Election of Officers. The election of officers
shall be made by a majority vote of the Board of Directors.
Section 3. Term: The officers of this Association shall be
elected annually by the Board and each shall hold office for one (1) year
unless he shall sooner resign, or shall be removed, or otherwise become
disqualified to serve.
Section 4. Special Appointments. The board may elect such
other officers as the affairs of the Association may require, each of whom
shall hold office for such period, have such authority, and perform such
duties as the Board may, from time to time determine.
Section 5. Resignation and Removal. Any officer may be
removed from office with or without cause by the Board. Any officer may resign
at any time by giving written notice to the Board, the president or the
secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein,
the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be
filled by a majority vote of the directors. The officer elected to such vacancy
shall serve, for the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of president,
vice-president, secretary and treasurer may be held by the same person.
Section 8. Duties. The duties of the officers are as follows:
(a) President.
The president shall preside at all meetings of the Board of Directors; shall
see that orders and resolutions of the Board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and shall co-sign all checks
and promissory notes.
(b)
Vice President. The vice president shall act in the place and stead of
the president in the event of his absence, inability or refusal to act, and
shall exercise and discharge such other duties as may be required of him by the
Board.
(c)
Secretary. The secretary shall record the votes and keep the minutes of
all meetings and proceedings of the Board and of the members; serve notice of
meetings of the Board and of the members; keep appropriate current records showing
the members of the Association together with their addresses, and shall perform
such other duties as required by the Board.
(d)
Treasurer. The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds as
directed by resolution of the Board of Directors; keep proper books of account;
and shall prepare an annual budget and a statement of income and expenditures
to be presented to the membership at its regular annual meeting.
ARTICLE X
ASSESSMENTS
As more fully
provided in the Declaration, each member is obligated to pay to the Association
annual and special assessments, which are secured by a continuing lien upon
the property against which the assessment is made.
ARTICLE XI
BOOKS AND RECORDS
The books, records
and papers of the Association shall at all times, during reasonable business
hours, be subject to inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be available for
inspection by any member at the principal office of the Association; a copy
shall be provided initially for the owners of each
ARTICLE XII
CORPORATE SEAL
The Association
shall have no corporate seal.
ARTICLE XIII
AMENDMENTS
Section 1. These By—Laws may be amended at a regular or special
meeting at the Board of Directors by a vote of a majority of the directors who
are present at such meeting.
Section 2. In the case of any conflict between the Articles of
Incorporation and these By—Laws, the Articles shall control; and in the case of
conflict between the Declaration and these By—Laws, the Declaration shall
control.
ARTICLE XIV
MISCELLANEOUS
The fiscal year of
the Association shall begin on the first day of January and end on the
31st day of December of every year, except that the first fiscal year
shall begin on the date of incorporation.
APPROVED, this 9th day of May, 1989.
Ronald
K. Stenger
Richard
A. Pendleton
David
P. Oliver
Being all
of the Incorporators of Quail Creek Property Owners Association, Inc.
AMENDMENT TO DECLARATION OF
RESTRICTIONS. COVENANTS AND
CONDITIONS OF
QUAIL CREEK
THIS AMENDMENT, to the Declaration of Restrictions,
Covenants and Conditions for Quail Creek is adopted this 26th day of
August, 2004 by Quail Creek Property Owners, Inc., the Association and is
effective when filed with the Greene County Recorder of Deeds.
WITNESSETH:
WHEREAS, the Developer adopted the Declaration of
Restrictions, Covenants and conditions of Quail Creek on May 12, 1989, and they
were recorded in Book 2057 at Page 1914 in the Office of the Recorder of Deeds
for Greene County, Missouri; and
WHEREAS, Article X, Section 3 thereof permits a
majority of the Board of Directors to amend the Declaration of Restrictions,
Covenants and Conditions any time after May 12, 1996; and
WHEREAS, the Developer amended Sections 1, 2 and 3 of
Article VI, entitled “Covenant for Assessment” and added Article VIII Section 9
(d) on August 12, 1991, and they were recorded in Book 2154 at Page 0343 in the
Office of the Recorder of Deeds for Greene County, Missouri; and
WHEREAS, the Developer amended Article I Definitions,
Section 1 (e) “Property or Properties” effective
WHEREAS, the Board of
Directors wish to amend Article I “Definitions” Section 1 (e) “Property or
Properties” to add the property on Schedule A to Quail Creek,
NOW THEREFORE, the
Board does hereby amend the Declaration as follows:
1. Article I, “Definitions”, Section 1 (e) is deleted in
its entirety and the following is inserted:
“(e)
“Property” or “Properties” shall mean and refer to all property included in
Phases I through VI of Quail Creek according to the recorded plats of Phases I
through VI, and the property set forth on the attached Exhibit A, and any
additional real estate acquired by Developer and developed in conjunction with
Quail Creek, upon filing an amendment with the Greene County Recorder of Deeds
that states the legal description of the additional real estate to be included
in the Property.”
2. Article VI Covenant
for Assessments, Section 3.1 Initial Assessment is
hereby deleted in its entirety and the following is inserted:
“Section
3.1 Initial Assessment.
After
IN WITNESS WHEREOF,
the undersigned, Quail Creek Property Owners Association, Inc., the
Association, has caused this Amendment to Declaration of Restrictions,
Covenants and Conditions of Quail Creek, to be executed this 26th day
of August, 2004, upon the rendering of this Amendment.
QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC.
BY: Don Volentine
Don Volentine, President
ATTEST: Donna Howerton