CONDITIONS AND RESTRICTIONS
WHEREAS, on the 14th day of March, 1997, Developer was the owner of
record of the following described real property, consisting of 130
acres, more or less, hereinafter called "Stone Meadow" or the "Property".
Developer owns and/or may purchase additional real property which
adjoins the above described real property which will be added to the
"Property" at a future date, and
WHEREAS, the above-described real property was approved by the Greene
County as the preliminary plat of Stone Meadow and the Property is
in the process of being developed; and
WHEREAS, Developer desires to provide for the development of Stone
Meadow as a controlled development with open areas, recreational facilities,
single-family homes, and to provide for the maintenance, improvement
and administration of the Stone Meadow community and the preservation
of the values and amenities of Stone Meadow, and
WHEREAS, the final plat of Stone Meadow Phase I has been approved
by Greene County and will be recorded in the future; and
WHEREAS, Stone Meadow will also be final platted in future phases;
WHEREAS, Stone Meadow Property Owners Association, Inc. is being duly
incorporated under the laws of the State of Missouri as a Nonprofit
Corporation for the general purposes of managing the Stone Meadow
Community properties and facilities; administering and enforcing the
covenants and restrictions; and collection and disbursing the assessments
as provided for in this "Declaration of Covenants, Conditions and
Restrictions of Stone Meadow,"
NOW THEREFORE, this Declaration of Covenants, Conditions and Restrictions,
for Stone Meadow is made, on the date hereinafter set forth, by Stone
Meadow, L.L.C., a Missouri limited liability company.
Section 1: As used in this Declaration of Covenants, Conditions
(a) "Association" shall mean and refer to Stone Meadow Property
Owners Association, Inc., it successors and assigns.
(b) "Board" shall mean the Board of Directors of the Association.
(c) "Builder" shall mean any builder, contractor, investor or other
person or entity who purchases a Lot in Stone Meadow for the purpose
of resale thereof to a public purchaser; or for the purpose of constructing
improvements thereon for resale to a public purchaser.
(d) "Common Area" shall mean all real property now or hereafter owned
by the Association which is designated as Community Area, open or
drainage area on an Stone Meadow final plat and intended for the common
use and enjoyment of all of the Owners.
(e) "Common Expenses" shall mean all expenses and financial liabilities
of the Association. The Common Expenses shall include, but shall not
be limited to, the improvement, construction, repair, maintenance,
care, landscape, upkeep, management and security of the Common Areas
and the improvements and facilities thereon; taxes and insurance;
the general and administrative expenses of the Association; together
with all other costs and expenses related to the ownership management
and maintenance of the Common Areas, together with any allocations
(f) "Corner Lot" shall mean any lot which abuts, other than at its
rear line, upon more than one street.
(g) "Developer" shall mean Stone Meadow, L.L.C., its successors and
assigns and any entity designated by Stone Meadow, L.L.C., as a Developer
(h) "Declaration" or "Covenants, Conditions & Restrictions" shall
mean the Declaration of Covenants, Conditions and Restrictions of
Stone Meadow and all other provisions set forth in this entire Document,
as the same may from time to time be amended or modified.
(i) "Limited Common Elements" shall mean any portion of the Property
designated by the Developer for the exclusive use of some Owners,
but not all Owners. The Limited Common Elements shall include, but
not be limited to, any private streets, street lights, curb and gutter,
sidewalks, gates and other improvements within the area which would
have been public right of way (usually 50') if the streets were public.
(j) "Limited Common Element Expenses" shall mean all expenses and
financial liabilities of the Association for the Limited Common Elements.
The Limited Common Element Expenses shall include, but not be limited
to the improvement, construction, repair, maintenance, care, upkeep,
security, and snow removal, together with any allocations for reserves,
of the Limited Common Elements.
(k) "Lot" shall mean any parcel of real property designated as a Lot
on any recorded Subdivision Plat within Stone Meadow or any additions
thereto, with the exception of the Common Area.
(l) "Member" shall mean a Member of the Association.
(m) "Owner(s)" shall mean the record owner, whether one or more persons
or entities, of a fee or undivided interest in any lot. The foregoing
does not include any persons or entities who hold an interest in any
Lot merely as security for the performance of an obligation. Except
as stated otherwise in this Declaration, the term "Owner" shall not
include a lessee or tenant.
(n) "Property" or "Properties" shall mean and refer to the 120 acres
set forth on the attached legal description, and referred to as Stone
Meadow, and any additional real estate acquired or owned by Developer
and developed in conjunction with Stone Meadow, 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.
(o) "Rules" shall mean and refer to those rules and regulations as
passed and promulgated by the Association, the Board or the Architecture
Committee acting on behalf thereof, under the authority granted by
this Declaration, or the Articles of Incorporation or By-Laws of the
(p) "Single Family Residence" shall mean a structure containing one
dwelling only and occupied by not more than one family; a residential
group home shall not be considered to be a Single Family Residence
for this Declaration.
(q) "Stone Meadow" shall mean the Property as set forth above.
(r) "Subdivision Plat" shall mean a recorded plat covering any or
all of the Property referred to in this Declaration.
(s) "Visible From Neighboring Property" shall mean, with respect to
any given object, that such object is or would be visible to a person
six feet tall, standing on any part of such neighboring property at
an elevation no greater than the elevation of the base of the object
PROPERTY SUBJECT TO THE STONE MEADOW RESTRICTIONS
1: General Declaration Creating Stone Meadow. Developer
will develop Stone Meadow in phases, by subdivision into various Lots.
Developer may supplement or modify this Declaration with such additional
covenants, conditions and restrictions as may be appropriate. Developer's
sale and conveyance of Lots is subject to this Declaration, as modified
and amended. Developer hereby declares that all of the real property
within Stone Meadow, is and shall be held, conveyed, encumbered, leased,
occupied, built upon or otherwise used, improved or transferred in
whole or in part, subject to this Declaration, as amended or modified
from time to time. This Declaration, as amended or modified, is in
furtherance of a general plan for the subdivision, improvement and
sale of the Property and is established for the purpose of enhancing
the value, desirability, and attractiveness of the Property. All rights,
benefits and privileges and all impositions and obligations of this
Declaration shall be covenants which run with the land within Stone
Meadow for all purposes and shall be binding upon and inure to the
benefit of Developer, Association, and Owners, and their successors
Section 2: Acceptance of Declaration. Each Owner, by
acceptance of a deed or by acquiring any ownership interest in the
Property, for himself, his successors and assigns accepts the same
subject to, and binds himself, his successors and assigns, to the
Covenants, Conditions and Restrictions and the rules and regulations
now or hereafter imposed by this Declaration and any amendments thereto.
In addition, each such person by so doing thereby acknowledges that
this Declaration sets forth a general scheme for the improvement and
development of the real property covered thereby.
RIGHTS TO COMMON AREA
Section 1: Owner's Easements of Enjoyment. Every Owner,
shall have a nonexclusive right to use and an easement of enjoyment
in and to the Common Area which shall be appurtenant to and shall
pass with the title to every Lot. Such right and easement shall extend
to each Owner, and his agents, tenants, family members and invitees,
subject to the following provisions:
(a) The right of the Association to impose Rules under which Common
Areas may be used by Members and/or their invitees;
(b) The right of the Association to suspend any Owner's voting rights
and the right to use the recreational facilities for each period during
which any assessment against his Lot remains unpaid; and, for a period
not to exceed ninety (90) days for any infraction of this Declaration,
any Supplementary Declarations thereto, the By-Laws of the Association
or any Rules which may be imposed by the Association;
(c) The right of the Association to impose Rules for the Limited Common
Section 2: Ownership and Loans for Common Area. Developer
shall convey fee simple title to the Common Area and the Limited Common
Elements to the Association upon completion of the improvements in
the Common Area or Limited Common Elements. At the time of conveyance,
the Common Area or Limited Common Elements may be subject to existing
loans. With the approval of a majority of the Members, the Association
may subsequently encumber the Common Area or Limited Common Elements.
STONE MEADOW PROPERTY OWNERS ASSOCIATION, INC.
Section 1: Organization.
(a) The Association. The Association is a nonprofit corporation organized
and existing under the Missouri Nonprofit Corporation Act of the State
of Missouri, charged with the duties and invested with the powers
prescribed by law and set forth in its Articles of Incorporation,
By-laws, and this Declaration. Neither the Articles nor By-laws shall,
for any reason, be amended or otherwise changed or interpreted so
as to be inconsistent with this Declaration.
(b) Board of Directors and Officers. The affairs of the Association
shall be conducted by a Board of Directors and such officers as the
Directors may elect or appoint, in accordance with the Articles and
Section 2: Powers and Duties of the Association. The
Association shall have such rights, powers and duties as set forth
in the Articles and By-laws The Association will not be dissolved
without the consent of Greene County, Missouri, or the City of Springfield
if Stone Meadow is subsequently annexed into the City of Springfield,
Section 3: Rules. The Association may, from time to time
and subject to the provisions of the Declaration, adopt, amend, and
repeal rules and regulations governing the use of any Common Area
(including the Limited Common Elements) by any Owner, by the family
of such Owner, or by any invitee, licensee or lessee of such Owner;
provided, however, that such Rules may not discriminate among Owners
and shall not be inconsistent with this Declaration, the Articles
or By-laws A copy of such Rules as they may from time to time be adopted,
amended or repealed, shall be made available to each Owner, at said
Owner's request. Upon promulgation, said Rules shall have the same
force and effect as if they were set forth in and were part of the
Section 4: Personal Liability. No Member of the Board
of Directors, Architectural Committee or any other Committee of the
Association, or any officers of the Association shall be personally
liable to any Owner, or to any other party, including the Association,
for any damage, loss or prejudice suffered or claimed on account of
any act, omission, error or negligence unless caused by his or her
fraud, bad faith or gross negligence.
Section 5: Responsibility for Common Areas. The Association
shall have the responsibility for maintaining the Common Areas (including
the Limited Common Elements) and shall be responsible for the payment
of any taxes and insurance on the Common Areas.
Section 6: Responsibility for Utility Easement along Stone Meadow
Way on Lots 37, 38, 39 & 40, Phase I. The Association shall
have the responsibility for maintaining the 5 foot utility easement
that runs adjacent to Stone Meadow Way along the rear property lines
of Lots 37, 38, 39 & 40 in Phase I. All other easements that are not
in Common Area or part of a Landscaping Easement shall be maintained
by the Owner of the Lot on which the easements are located.
Section 7: Responsibility for Landscaping Easements.
The Association shall have the responsibility for maintaining any
Landscaping Easements, as identified on any final plat of Stone Meadow.
Section 8: Liability of Association for Vehicles. Neither
the Association nor the Board shall assume any liability of any kind
or nature with respect to any vehicles moving within or parked upon
any portion of the Common Areas or Limited Common Elements. Any Person
operating or parking any vehicles within the boundaries of the Common
Areas or Limited Common Elements shall do so entirely at such Person's
risk and shall indemnify and hold both the Association and the Board
harmless from and against any and all claims, demands, actions, causes
of action and proceedings arising out of the presence of any such
vehicle within the boundaries of the Common Areas or Limited Common
MEMBERSHIP AND VOTING RIGHTS
1: Membership. Every Owner, either of a fee or undivided
interest, of a Lot, which is subject to assessment by the Association,
shall be a Member of the Association. The foregoing is not intended
to include persons or entities who hold an interest merely as security
for the performance of an obligation. Membership shall be appurtenant
to and may not be separated from ownership of any Lot which is subject
to assessment by the Association.
Section 2: Voting Rights. There shall be two Classes
(a) Class A members shall be all of those owners of lots, with the
exception of Developer, in Stone Meadow subdivision. Each Class A
member shall be entitled to one vote for each lot the member owns.
If more than one person holds such an interest in any lot, all such
persons shall be members, however, the vote for such lot shall be
exercised as such members among themselves agree and if they do not
agree, as determined by the Association; but in no event shall more
than one vote be cast with respect to any such lot.
(b) The Class B member shall be the Developer, Stone Meadow, L.L.C.
and its successors and assigns. The Class B members shall be entitled
to the total number of votes which, when added to the total number
of Class A votes shall equal 60% of the total votes entitled to be
cast by the Class A and Class B members together. As an example, if
there are 28 Class A votes entitled to be cast, the Class B votes
would equal 42.
Section 3: Management Rights. Members shall have no rights
to manage the business affairs of the Association. The management
of the Association is vested entirely in the Board of Directors as
set forth in the Articles of Incorporation and By-laws
COVENANT FOR ASSESSMENTS
Section 1: Creation of the Lien and Personal Obligations of Assessments.
Each Lot shall be subject to assessments and each Class A Member 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; (2) Special assessments; (3) Initial assessment;
and (4) Limited Common Element Assessments; (5) Trash service assessments;
such assessments to be established and collected by the Board as hereinafter
provided. The annual, special, initial, limited common element and
trash service assessments, together with interest, costs and reasonable
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. No Owner may
exempt himself from liability for an assessment by waiver of the use
or enjoyment of the Common Area or a service to be provided by or
through the Association. 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 herein.
Section 2: Developer Assessments. The Developer is a
Class B Member and is not obligated to pay any assessments, except,
the Developer shall pay any deficit in the operation of the Association
prior to December 31, 2000, and shall pay special assessments and
limited common element assessments.
Section 3: Annual Assessments. The annual assessments
shall be used for the purpose of paying the Common Expenses. The Class
A Members shall be obligated to pay the annual assessment imposed
by the Board to meet the Common Expenses.
(a) The initial annual assessment shall be for 1997 and shall be Three
Hundred Dollars ($300) per Class A Member.
(b) After 1997, the annual assessment may be increased each year,
without a vote of the Members, not more than fifteen (15%) percent
above the assessment established for the previous year. After December
31, 2000, in the event that the annual assessment is not sufficient
to pay for the Common Expenses, an additional assessment will be made
solely for the purpose of paying the Common Expenses.
Section 4: Special Assessment for Capital Improvements.
In addition to the annual assessments in Section 3 above, the Association
may levy in any calendar year a special assessment. The purpose of
the special assessment shall be for providing in whole or in part,
for the cost of any reconstruction, repair or replacement of capital
improvements in the Common Area, including fixtures and personal property
related thereto. The maximum special assessment shall be Five Hundred
and No/100 ($500.00) dollars per year, per lot for Class A and Class
B Members. Any special assessment shall require an affirmative vote
of the majority of the Members.
Section 5: Initial Assessment. The purpose of the initial
assessment is to reimburse the Developer for the Developer's subsidy
of the Association's operating deficit and to repay a portion of Developer's
cost of the swimming pool, tennis courts, and other amenities in the
Common Area. All Class A Members shall pay an initial assessment of
$500 per lot. This assessment shall be paid by each Member to the
Association when the residence is first occupied. Upon the resale
of the Members' home, no further initial assessment shall be due if
the initial assessment has been paid. Upon collection of the initial
assessment, the Association shall pay the assessment to the Developer.
This $500 assessment is $500 per lot, not per Member. If a Member
purchases more than one lot and is the first occupant of each lot,
the initial assessment shall be paid upon occupancy of each residence.
Section 6: Limited Common Element Assessment. The purpose
of the limited common element assessment is to pay the Limited Common
Element Expenses. In addition to the other assessments, each Class
A and Class B Member whose Lot is adjacent to the private street designated
by the Developer as the Limited Common Elements shall pay his pro
rata share of the Limited Common Expenses. The pro rata share shall
be determined by dividing the Limited Common Expenses by the number
of Lots adjacent to the Limited Common Elements. Thus, if there are
40 Lots within the gated area of private streets which is the Limited
Common Elements, each Class A and Class B owner would pay 1/40th of
the limited common area assessment.
Section 7: Trash Service Assessment. The trash service
assessment shall be the amount which the Association pays a trash
service provider for the annual trash service for a resident. Resident
Owners shall pay the annual trash service assessment in the same manner
as the annual assessment, with the service prorated beginning with
the date the home is occupied.
Section 8: Payment of Assessment. Payment of any assessment
shall be made by the owner within 30 days of notice of the amount
of the assessment, unless another payment date is specified in the
notice, and unless expressly otherwise determined, shall be due in
advance of the time when the expenses are payable. Written notice
of the assessment shall be sent to every Owner, however failure to
give notice shall not be deemed to relieve the Owner of the obligation
to pay the assessment.
Section 9: Excess Assessments. Any assessment which exceeds
the expense for which it was received shall be retained by the Association
for the benefit of its Members, and may be used by the Association
to pay future expenses, or as the Association may otherwise determine.
Section 10: Date of Commencement of Annual Assessments.
The annual assessments for each Lot provided for herein shall commence
on January 1, 1997 and thereafter shall commence on the date of the
first conveyance of said Lot by the Developer to an Owner. The first
annual assessment for each lot shall be prorated based on the date
it is sold by the Developer.
Section 11: Effect of Nonpayment of Assessments; Remedies of the
Association. Each member shall be deemed to covenant and
agree to pay to the Association the assessments provided for herein,
and each agrees to the enforcement of the assessments in the manner
herein specified. In the event the Association employs an attorney
or attorneys for collection of any assessment, whether by suit or
otherwise, or to enforce compliance with or specific performance of
the terms and conditions of this Declaration, or for any other purpose
in connection with the breach of this Declaration, each Owner agrees
to pay all expenses, including costs of collection and reasonable
attorneys' fees incurred, together with such late charges as provided
by the Rules, in addition to any other amounts due or any other relief
or remedy obtained against said Owner. In the event of a default in
payment of any such assessment when due, the assessment shall be deemed
delinquent, and shall bear interest at the rate of eighteen (18%)
percent per annum, and in addition to any other remedies herein or
by law provided, the Association may enforce each such obligation
in any manner provided by law or in equity, or, without any limitation
by the foregoing, by either or both of the following procedures.
(a) Enforcement by Suit.
(1) The Board may cause a suit at law to be commenced and maintained
in the name of the Association against any Owner to enforce each such
assessment obligation. Any judgment rendered in any such action shall
include the amount of the delinquency, together with interest thereon
at the rate of eighteen (18%) percent per annum from the date of delinquency,
court costs, costs of collection, and reasonable attorneys' fees in
such amount as the court may adjudge against the delinquent Owner.
(2) The Board hereby appoints the Developer as its attorney in fact
to collect any initial assessment whether by suit or otherwise on
behalf of the Association and in the same manner and with all the
rights and powers granted to the Association herein, and to retain
the initial assessment, together with interest, costs of collection,
and reasonable attorneys' fees as provided herein.
(b) Enforcement by Lien.
There is, to the full extent permitted by law, hereby created a claim
of lien, with power of sale, on each and every Lot within Stone Meadow
to secure payment to the Association of any and all assessments levied
against any and all Owners of such Lots under these Covenants, Conditions,
and Restrictions, together with interest thereon at the rate of eighteen
(18%) percent per annum from the date of delinquency, and all costs
of collection which may be paid or incurred by the Association in
connection therewith, including reasonable attorneys' fees. At any
time within thirty (30) days after the occurrence of any default in
the payment of any such assessment, the Association or any authorized
representative, shall mail a written demand for payment to the defaulting
Owner, on behalf of the Association. Said demand shall state the date
and the amount of the delinquency. Each default shall constitute a
separate basis for a demand or claim of lien or a lien, but any number
of defaults may be included within a single demand or claim or lien.
If such delinquency is not paid within ten (10) days after delivery
of such demand, or even without such a written demand being made,
the Association may elect to file such a claim or lien on behalf of
the Association against the Lot of the defaulting Owner. Such a claim
of lien shall be executed and acknowledged by any officer of the Association,
and shall contain substantially the following information:
(1) The name of the delinquent Owner;
(2) The legal description or street address of the Lot against which
claim of lien is made;
(3) The total amount claimed to be due and owing for the amount of
the delinquency, interest thereon, collection costs, and reasonable
attorneys' fees; (4) That the claim of lien is made by the Association
pursuant to the Stone Meadow Declaration; and
(5) That a lien is claimed against said Lot in an amount equal to
the amount stated. Upon recordation of a duly executed original or
copy of such a claim or lien, the lien claimed thereon shall immediately
attach and become effective in favor of the Association as a lien
upon the Lot against which such assessment was levied. Such a lien
shall have priority over all liens or claims created subsequent to
the recordation of the claim of lien thereof. Any such lien may be
foreclosed by appropriate action in court or in the manner provided
by law for the foreclosure of a deed of trust, with a power of sale,
as set forth by the laws of the State of Missouri, as the same may
be changed or amended. The lien provided for herein shall be in favor
of the Association and shall be for the benefit of the Members. The
Association may acquire, hold, lease, mortgage, and convey any such
Lot. In the event such foreclosure is by action in court, reasonable
attorneys' fees, court costs, title search fees, interest and all
other costs and expenses shall be allowed to the Association to the
extent permitted by law. Each Owner, by becoming an Owner in Stone
Meadow, hereby expressly waives any objection to the enforcement and
foreclosure of this lien in this manner.
(c) Lien Preparation and Filing Fee. In addition to the other fees
and expenses owed by the defaulting Owner as provided herein, the
defaulting Owner shall pay a lien preparation fee in the amount of
$100.00, and if the lien is subsequently released, an additional lien
release preparation fee of $50.00, together with all costs incurred
by the Association with regard to said lien.
Section 12. Subordination of the Lien to Mortgages. The
lien for the assessment provided for herein shall be subordinate to
the lien of any prior mortgage. Sale or transfer of any Lot shall
not relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof. However, the sale or transfer
of any Lot pursuant to mortgage foreclosure shall extinguish the lien
of such assessment as to payments which became due prior to such foreclosure.
1: Improvements. No residence, accessory building, tennis
court, swimming pool, fence, mailbox, driveway, retaining wall or
other wall, dog pen, dog house, lot drainage works, awning, exterior
area lighting or other structure or improvement shall be constructed
or maintained upon any Lot, and no alteration to the exterior of a
structure or improvement shall be undertaken, unless complete plans,
specifications and plot plans thereof showing the exterior design,
height, building material and color scheme thereof, the location of
the structure on the Lot plotted horizontally and vertically, the
location of driveways and fencing, shall have been submitted to and
approved in writing by the Architectural Committee. The exterior surface
of a structure shall not be painted or changed in any manner without
the prior written approval of the Architectural Committee. All fees
and expenses incurred by the Architectural Committee shall be paid
by the applicant.
Section 2: Duties. The Architectural Committee shall develop
guidelines and policies for the development of a residential community
which is harmonious and aesthetically pleasing. The Architectural
Committee shall exercise its best judgment to see that all improvements,
construction, landscaping and alterations on the Properties conform
and harmonize with the existing surroundings and structures.
Section 3: Procedures.
(a) The Architectural Committee shall approve or disapprove all plans
and requests within thirty (30) days after receipt by the Committee
of all necessary information. In the event the Architectural Committee
fails to take any action within thirty (30) days after a request and
all necessary information has been submitted, approval shall be presumed
and this Article shall be deemed to have been fully complied with
as to that request.
(b) The Architectural Committee shall maintain written records of
all applications submitted to it and of all actions taken. Plans,
specifications, and records and minutes of Committee actions shall
be kept by the Committee for at least one (1) year.
(c) A majority vote of the Architectural Committee or the approval
of the Chairman of the Architectural Committee shall be necessary
for approval of any request.
(d) The Architectural Committee shall have the right to contact any
Owner who has not submitted the necessary information required for
approval. In the event the Owner does not submit any such information,
the Architectural Committee shall inform the Owner that he or she
has violated the Covenants, Conditions and Restrictions.
(e) The Architectural Committee shall have the powers created in these
Covenants, Conditions and Restrictions to enforce any violation and
may either proceed to enforce the Covenants, Conditions and Restrictions
directly on behalf of the Association or may report the violation
to the Board for the Board to take such action as is deemed appropriate.
Section 4: Members of Committee. The Architectural Committee
shall consist of three (3) Members appointed by the Board of Directors
of the Association. Members of the Committee are not required to be
Section 5: Liability of Committee. The Architectural Committee
shall not be liable in damages to any person submitting a request
for approval, or to any Owner by reason of any action, failure to
act, approval or disapproval, or failure to approve or disapprove
any such request.
USE AND BUILDING RESTRICTIONS
1: The following restrictions are imposed upon each residential
Lot for the benefit of all Owners and the Developer.
Section 2: Single-Family Residential Use. All Lots shall be
used, improved and devoted exclusively as a one-family dwelling and
no gainful occupation, profession, trade, or other nonresidential
use shall be conducted on any such Lot. Residential Group Homes shall
not be permitted, even though they may be considered one family or
single family homes for certain other requirements. Nothing herein
shall be deemed to prevent the leasing of any such dwelling from time
to time, by the Owner thereof, subject to all of the provisions of
Section 3: Animals. No animals, fowl, or livestock, other
than a reasonable number of generally recognized house pets, shall
be maintained on any property within Stone Meadow, and then only if
they are kept solely as domestic pets and not for commercial purposes.
No animal shall be allowed to make an unreasonable amount of noise,
or to become a nuisance. No doghouse, structure or pen for the care,
housing or confinement of any animal shall be constructed or maintained.
Upon the written request of the Owner, the Board shall conclusively
determine, in its sole and absolute discretion, whether, for the purpose
of this paragraph, a particular animal is a generally recognized house
pet, or a nuisance, or whether the number of animals on any such property
is reasonable. Any decision rendered by the Board shall be enforceable
as other restrictions contained herein. Pets shall not be allowed
loose or unsupervised on any part of the Property and walking of pets
shall be on a leash and allowed only on such portions of the Property
as the Board may prescribe by its Rules.
Section 4: Antennas. No antenna or other device for the
transmission or reception of electronic signals shall be erected,
used or maintained outdoors on any Lot, which antenna or other device
shall be visible from the street adjoining the front of said Lot,
unless approved by the Architectural Committee. TV antennas shall
be erected so as to be as inconspicuous as possible and no such TV
antenna shall extend more than six (6) feet above the ridge of the
roof of the particular dwelling unit upon which the antenna is located;
provided, however, the Architectural Committee shall have the authority
to award variances with respect to the foregoing prohibition. Upon
the submission by any property owner of the location and specifications
of a small (approximately 21 inch diameter or less) direct satellite
dish, the Architectural Committee may approve small direct satellite
dishes that conform to the requirements of this section.
Section 5: Temporary Occupancy. No trailer, incomplete
building, tent, shack or garage and no temporary building or structure
of any kind shall be used at any time for a residence on any property
within Stone Meadow. Temporary buildings or structures used during
the construction of a dwelling on any such property shall be subject
to the rules of the Board and shall be removed immediately after the
completion of construction.
Section 6: Motor Vehicles and Trailers.
(a) No mobile or motor home, recreational vehicle, trailer of any
kind, truck larger than 1/2 ton, camper, boat, or permanent tent or
similar structure shall be parked, kept, maintained or repaired upon
any property or street (public or private) within Stone Meadow, between
the hours of 12:00 midnight and 5:00 A.M., in such a manner as will
be Visible From Neighboring Property, however it may be parked in
the garage; nor shall any motor vehicle or recreational vehicle of
any kind be constructed, reconstructed or repaired on public or private
property within Stone Meadow, provided, however, that the provisions
of this paragraph shall not apply to emergency vehicle repairs, or
temporary construction shelters or storage facilities approved by
the Architectural Committee and used exclusively in connection with
the construction of any improvement.
(b) Any motor vehicle which is, in the sole discretion of the Board,
unsightly or not in keeping with motor vehicles owned by Stone Meadow
residents, or is a service vehicle or pickup truck with a camper top
or similar top shall be parked in the garage overnight, and shall
not be parked in Stone Meadow between the hours of 12:00 midnight
and 5:00 a.m. in such a manner as will be Visible From Neighboring
Section 7: Motor Vehicles--Excessive Noise. If the Board
determines that any motor vehicle is creating loud or annoying noises
by virtue of its operation within Stone Meadow, such determination
shall be conclusive and final that the operation, upon notice by the
Board to the Owner, shall be prohibited within Stone Meadow.
Section 8: Landscaping and Lawns.
(a) Completion. Each Owner shall complete the landscaping required
by the Architectural Committee prior to occupying the premises, unless
the Architectural Committee shall approve a delay based on weather
conditions. (b) By Owner. Each Owner of a Lot within Stone Meadow
shall keep all shrubs, trees, grass and plantings, including the area
located between the boundary line of his property and the street on
which such Owner's property abuts, neatly trimmed, properly cultivated
and free of trash, weeds and other unsightly material. In the event
that any Owner fails to maintain his lawn, landscaping or plantings
as provided herein, the Association, or its agents, may enter upon
said Lot and may do so, and the Owner shall reimburse the Association
for 125% of its costs, upon demand. The Association may enforce collection
of same in the same manner as if such costs were an assessment and
shall have all powers and rights to so collect as set forth in Article
VI, Section 11, above.
(c) By the Association. The Association, and its agents, shall have
the right, at any time, to plant, replace, maintain, and cultivate
shrubs, trees, grass and plantings on the Common Area , and on any
easements of record over an Owner's Lot. The Association or its authorized
agents shall not be liable for trespass, for so doing.
(d) Lawn Ornaments. 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 with Stone Meadow without the prior approval of the Architectural
Section 9: Nuisances. No rubbish or debris of any kind
shall be placed or permitted to accumulate upon or adjacent to any
Lot within Stone Meadow, and no odors shall be permitted to arise
therefrom so as to render any such Lot or any portion thereof, unsanitary,
unsightly, offensive or detrimental to any other Lot in the vicinity
thereof or to its occupants. Without limiting the generality of any
of the foregoing provisions, no exterior speakers, horns, whistles,
bells or other sound devices, except security devices used exclusively
for security purposes, shall be located, used or placed on any such
property. The Board in its sole discretion shall have the right to
determine the existence of any such nuisance and for the purposes
of this Declaration such determination shall be conclusive.
Section 10: Repair of Buildings. No building, structure,
improvement, or fence upon any Lot within Stone Meadow shall be permitted
to fall into disrepair, and each such building, structure, improvement,
or fence shall at all times be kept in good condition and repair and
adequately painted or otherwise finished.
Section 11: Trash Containers and Collection. No garbage
or trash shall be placed or kept on any property within Stone Meadow
except in covered containers of a standard type approved by the Association.
The Association shall select a company for weekly trash disposal service
for Stone Meadow. All residents of Stone Meadow shall be required
to use this company and no other regular trash disposal service shall
be permitted. One trash company collecting trash in similar containers
on the same day or days of the week is an integral feature of the
harmony and aesthetics of Stone Meadow. In no event shall such containers
be maintained so as to be Visible From Neighboring Property except
to make the same available for collection and then, only for the shortest
time reasonably necessary to effect such collection. All rubbish,
trash, and garbage shall be removed from the Lots and shall not be
allowed to accumulate thereon. No incinerators shall be kept or maintained
on any Lot and no burning in the open will be permitted.
Section 12: Clothes Drying Facilities. Outside clothes
lines or other outside facilities for drying or airing clothes shall
not be erected, place or maintained on any Lot within Stone Meadow
unless they are erected, placed or maintained exclusively within an
area not Visible From Neighboring Property.
Section 13. Encroachments. No tree, shrub, or planting
of any kind on any Lot within Stone Meadow shall be allowed to overhang
or otherwise encroach upon any sidewalk, street, pedestrian way, or
other area from ground level to a height of eight (8) feet, without
the prior approval of the Architectural Committee.
Section 14. Machinery and Equipment. No machinery or
equipment of any kind shall be place, parked, operated or maintained
upon or adjacent to any lot within Stone Meadow except as follows:
(a) An Owner, guest, invitee, licensee, tenant, lessee, family member,
agent or employee thereof, may use such machinery or equipment as
is usual and customary in connection with the use and maintenance
of a Lot, or the improvements thereon.
(b) A builder or contractor constructing improvements for an owner
may use such machinery or equipment as is usual and customary in connection
with the construction of improvements on a Lot, provided that such
machinery and equipment is actively being used by the builder or contractor
and is stored or placed in an area approved by the Architectural Committee
and that no trucks of any kind or nature shall be kept, parked or
placed upon any lot or street (public or private) within Stone Meadow
between the hours of 12:00 midnight and 5 A.M., unless permission
to the contrary is temporarily granted by the Architectural Committee.
(c) The Developer or the Association may park, place, operate or maintain
such machinery and equipment as may be required for the operation
and maintenance of the Common Area.
Section 15: Restriction on Further Subdivision. No Lot
within Stone Meadow shall be further subdivided by any Owner, and
no portion less than all of any such Lot, nor any easement or other
interest therein, shall be conveyed or transferred by an Owner, without
the prior written approval of the Developer. This provision shall
not, in any way, limit Developer from subdividing any property owned
by Developer. Such newly created parcel thereafter shall be considered
as one Lot, but may be considered as more than one Lot for assessment
purposes as determined by the Association.
Section 16: Signs. No sign of any kind shall be displayed
to the public view of any Lot except as follows and subject to the
approval of the Architectural Committee:
(a) One sign of not more than five (5) square feet, advertising the
property for sale or rent;
(b) Signs used by a builder to advertise the property during the construction
and sales period;
(c) Signs of such shape, size and location as the Developer deems
necessary for security control and to advertise Stone Meadow;
(d) One sign, not to exceed one (1) square foot in size, which may
contain the name or names of the Owner or Owners and/or the dwelling
(e) Signs advocating a candidate or a position in a duly held election,
provided it is within 60 days of the election;
(f) Signs of such shape, size and location as the Architectural Committee
Section 17: Dwelling Size. The Architectural Committee
shall exercise its best judgment to see that the size of all structures
conforms to and harmonizes with the design guidelines and the existing
surroundings and structures.
Section 18: Building Location.
(a) No building shall be located nearer to any lot line than the minimum
set back line shown on the recorded plat of Stone Meadow.
(b) The building location (horizontal and vertical) must be approved
by the Architectural Committee.
Section 19: Fences.
(a) Fences are not encouraged, but properly constructed and installed
fences may be approved for construction by the Architectural Committee
upon submission of plans and specifications.
(b) Chain link fences are not permitted, except for the tennis courts
in the Common Area.
(c) Privacy fences may not exceed forty-eight (48) inches in height.
However, any lot which adjoins another subdivision, a water detention
area, Plainview, Kansas or Weaver Road may, with the approval of the
Architectural Committee, have a privacy fence which shall not exceed
seventy-two (72) inches on the lot line between Stone Meadow and the
other subdivision, the detention area, Plainview, Kansas or Weaver
(d) No fences in Stone Meadow shall extend nearer to the front wall
of a house than fifty percent (50%) of the distance of the house on
each side. Supporting structures on all fences shall be placed on
the side of the fence facing the property of the owner building the
fence. On corner lots the fence may extend from the house toward the
street a maximum of five (5) feet.
(e) No fence or hedge shall be permitted between the front wall of
the structure and the adjoining street or across the front yard.
(f) On Lots where the Architectural Committee has approved a swimming
pool, and the Springfield City Ordinance or Greene County Ordinance
requires a fence that exceeds 48 inches in height, the height required
by the appropriate City or County Ordinance shall govern, and the
height restriction in Article VIII, Section 19(c) shall not apply.
Notwithstanding the change in height caused by the City or County
Ordinance, the fence shall be subject to all other requirements and
Section 20: Sales and Construction Office. Notwithstanding
anything herein, Developer and its agents may establish temporary
sales and/or construction offices and model homes in Stone Meadow
and may permit builders and realtors to establish the same. Any such
office shall be removed upon the completion of the subdivision. Developer
and its agents shall have the right to use the Common Area in conjunction
with the sales and promotion of lots and houses in Stone Meadow.
Section 21: Easements. Easements are reserved as shown
upon the recorded plats of Stone Meadow, as determined by Developer.
Section 22: Soil Removal. Soil shall not be removed from
the subdivision without the consent of the Developer.
Section 23: Garage Doors. The doors of all garages shall
be kept closed at all times except when necessary for ingress and
egress. The doors of all garages shall be installed with electric
or battery powered opening and closing devices.
Section 24: Window Coverings. No reflective materials,
including, but without limitation, aluminum foil, reflective screens
or glass, mirrors or similar type items, shall be installed or placed
on the outside or inside of any windows of a structure without the
prior written approval of the Architectural Committee. Any enclosures,
drapes, bars, blinds, shades, screens or other items affecting the
exterior appearance of a structure which in the judgment of the Architectural
Committee detracts from the harmonious appearance and aesthetics of
Stone Meadow will be a violation of this Declaration.
Section 25: Basketball Goals. No basketball goal shall
be attached to the front of any dwelling or garage nor erected in
any front yard or on the side of any street which abuts any corner
lot. Basketball goals are permitted in any backyard. The Architectural
Committee shall have the right to make Rules regarding portable basketball
goals. Any violation of those Rules shall be a violation of this Section
25 and shall be enforceable as set out in Article VIII, Section 32.
Section 26: Outside Lighting. Spotlights, floodlights,
or similar type high intensity lighting shall be designed, located
and constructed so as to eliminate or significantly reduce glare on
adjoining residences, and the Architectural Committee may direct that
they be redesigned or eliminated if they determine that it is advisable.
Other types of low intensity lighting which do not disturb the Owners
or other occupants of the properties may be allowed.
Section 27: Mailboxes. Each Owner shall construct a mailbox
which shall be completed prior to occupying the residence. The mailbox
shall be of the design, materials and specifications approved by the
Architectural Committee. The mailbox is considered an integral part
of the design guidelines, even though the mailbox may be placed on
public right of way.
Section 28: Roofs. All roofs shall have an exterior surface
which shall be approved by the Architectural Committee, in its sole
and absolute discretion.
Section 29: Completion. A structure shall be completed
within a reasonable time after commencement of construction. In the
event of fire, windstorm, or other damage, a structure shall be repaired,
remodeled, rebuilt or completely removed within a reasonable time.
Section 30: Common Area. Although Builders are also Owners,
the recreation facilities in the Common Area are not for Builder's
use or their family's use, unless they live in Stone Meadow.
Section 31: Developer Exemption. Notwithstanding anything
contained in this Declaration to the contrary, none of the restrictions
contained in this Declaration shall be construed or deemed to limit
or prohibit any act of Developer, its employees, agents and subcontractors
or parties designated by them in connection with any construction,
completion, sale or leasing of any portion of Stone Meadow.
Section 32: Remedies.
(a) In the event that an Owner (or guest, invitee, licensee, tenant,
lessee, family member, builder, contractor, subcontractor, agent or
employee thereof), shall violate, or permit to be violated, any of
the provisions set forth in this Article, the Board shall mail to
said Owner a written Notice of Violation. Said Notice of Violation
shall set forth the nature of the alleged violation and shall request
that the violation be voluntarily terminated or remedied within a
reasonable time from the mailing date of said Notice.
(b) If after a reasonable time has elapsed from the date of said Notice,
the violation has not been voluntarily terminated by the Owner, the
Association shall have the authority to pursue and effect any and
all procedures which may be calculated as reasonably necessary to
remove and/or terminate the cause of said violation. This authority
shall include, but shall not be limited to, the power to employ laborers
to enter upon the premises of said Owner for the purpose of removing
and/or terminating the cause of said violation. If, by virtue of the
exercise of the authority granted herein, the Board shall incur expenses
in connection with the process of removing and/or terminating said
violation, the Association may enforce collection of same in the same
manner as if such costs were an assessment and shall have all powers
and rights to so collect as set forth in Article VI, Section 11, above.
(c) The Association is expressly authorized to tow away, at an offending
Owner's expense, any motor vehicle, recreational vehicle, or trailer
referred to in this Article VIII which is in violation hereof or which
is placed on the Property in violation of the Rules governing parking
as may be adopted by the Board of Directors.
(d) In addition to the other remedies set forth in this Declaration,
the Association shall be empowered to levy fines against the Owner
of such Lot in an amount of up to One Hundred Dollars ($100.00) per
day for each such violation. The Association shall give notice to
the Owner as provided in (a) above which shall state the date the
fine shall begin, if the violation is not terminated. All fines imposed
pursuant to this paragraph shall be secured by a lien encumbering
such Lot in the same manner as the lien provided for in Article VI,
(e) For purposes of administering this Section, the determination
of whether a violation has been, or is being, committed and the determination
of what time period constitutes a "reasonable time" allowable for
voluntary termination of the same, shall be made by the Association
after taking into consideration the facts and circumstances surrounding
the particular violative situation, condition or occurrence.
CARE OF COMMON AREA AND LIMITED COMMON ELEMENTS
1: Maintenance by Association.
The Board may, at any time, as to any Common Area or Limited Common
Elements owned, leased or otherwise controlled by it, take the following
actions without any approval of the Owners being required:
(a) Reconstruct, repair, replace or refinish any improvement or portion
thereof upon any such area.
(b) Construct, reconstruct, repair, replace or refinish any road improvement
or surface upon any portion of such area used as a road, street, walk,
driveway or parking area.
(c) Replace injured or diseased trees or other vegetation in any such
area, and plant trees, shrubs, annuals and perennials, and ground
cover to the extent that the Board deems necessary or desirable for
the conservation of water and soil and for aesthetic purposes.
(d) Place and maintain upon any such area such signs as the Board
may deem appropriate for the proper identification, use and regulation
(e) Do all such other and further acts which the Board deems necessary
to preserve and protect the property and the beauty thereof, in accordance
with the general purposes specified in this Declaration. The Board
shall be the sole judge as to the appropriate maintenance of all grounds
within the Common Area and the Limited Common Elements.
Section 2: Damage or Destruction of Common Area or the Limited
Common Elements by Owners. In the event any Common Area
or Limited Common Elements is willfully or maliciously damaged or
destroyed by an Owner or any of his guests, tenants, licensees, agents
or members of his family, such Owner does hereby authorize the Association
to repair said damaged area, and the Association, at its option, shall
so repair said damaged area. The cost for such repairs, multiplied
by 125%, shall be paid by said Owner, upon demand, to the Association
and the Association may enforce collection of same in the same manner
as if such costs were an assessment and shall have all powers and
rights to so collect as set forth in Article VI, Section 11, above.
1: Enforcement. The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration as modified and amended.
Failure by the Association or by 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 2: Severability. Invalidation of all or any part
of these Covenants, Conditions and Restrictions by judgment or court
order shall in no way affect any other provisions which shall remain
in full force and effect.
Section 3: Amendment.
(a) These Covenants, Conditions and Restrictions shall run with and
bind the land for a term of thirty (30) years from the date this Declaration
is recorded, after which time they shall be automatically extended
for successive periods of ten (10) years unless otherwise amended
as herein provided.
(b) This Declaration may be amended in whole or in part at any time
within seven (7) years from the date of recordation of same by an
instrument in writing executed by Developer, its successors or assigns.
(c) This Declaration may be amended at the end of the above mentioned
seven year period by an instrument in writing executed by the Association,
with the approval of a majority of the votes of the Board of Directors.
(d) Any amendment of this Declaration pursuant to the provisions of
Article X, Section (b) or (c) hereinabove, which would change any
obligation to maintain the stormwater detention facilities or drainage
area of any final plat of Stone Meadow Subdivision or any common area
of Stone Meadow Subdivision shall require the written approval of
Greene County, Missouri or the City of Springfield, Missouri, if Stone
Meadow is subsequently annexed into the City of Springfield, before
it shall become effective. No amendment shall be effective until it
is recorded in the Recorder of Deeds Office in Greene County, Missouri.
Section 4: Violations and Nuisance. Every act or omission
whereby any provision of this Declaration is violated in whole or
in part is hereby declared to be Nuisance and may be enjoined or abated,
whether or not the Relief sought is for negative or affirmative action,
by Developer, the Association, or any Owner or Owners of Lots within
Stone Meadow. However, any other provision to the contrary notwithstanding,
only Developer, the Association, the Board of Directors, the Architecture
Committee, or the duly authorized agents of any of them, may enforce
by self-help any of the provisions of these Restrictions.
Section 5: Violation of Law. Any violation of any state,
municipal or local law, ordinance or regulation, pertaining to the
ownership, occupation or use of any property within Stone Meadow is
hereby declared to be a violation of this Declaration and subject
to any or all of the enforcement procedures set forth in these Restrictions.
Section 6: Remedies Cumulative. Each remedy provided
by this Declaration is cumulative and not exclusive.
Section 7: Delivery of Notices and Documents. Any written
notice or other documents relating to or required by these Restrictions
may be delivered either personally or by mail. If by mail, it shall
be deemed to have been delivered the day after a copy of same has
been deposited in the United States mail, postage prepaid, addressed
(a) If to the Association or the Architectural Committee, to the Association's
registered agent at his registered office; currently Ronald K. Stenger,
1910 E. Battlefield, Suite B, Springfield, Missouri 65804.
(b) If to an Owner or Builder, to the address of any Lot within Stone
Meadow, owned, in whole or in part, by him or to any other address
last furnished by an Owner to the Association.
(c) If to Developer, to its registered agent at its registered office;
currently Ronald K. Stenger, 1910 E. Battlefield, Suite B, Springfield,
Missouri 65804. Provided, however, that any such address may be changed
at any time by the party concerned by furnishing a written notice
of change of address to the Association. Each Owner of a Lot shall
file the correct mailing address of such Owner with the Association,
and shall promptly notify the Association in writing of any subsequent
change of address.
Section 8. Public Dedication. Nothing contained in this
Declaration shall be deemed to constitute a dedication for public
use or to create any rights in the general public. Nothing contained
in the Declaration shall be construed as creating an obligation on
the part of Greene County or any other governmental authority having
jurisdiction over the Property and the Common Areas or Limited Common
Elements to maintain, repair or replace any portion of the Property,
the Common Areas or appurtenances thereto.
ANNEXATION INTO SPRINGFIELD
seek to have Stone Meadow annexed into the City of Springfield, Missouri.
Each Owner irrevocably consents to the annexation of the Property
into the City of Springfield, Missouri, in accordance with any terms
and conditions agreed to by the Developer and the City of Springfield,
Missouri and waives any right to object to or challenge annexation
of any part of the Property.
In Witness Whereof, the undersigned Stone Meadow, L.L.C. has caused
this instrument to be executed on this 14th day of March, 1997. Stone
BY: Ronald K. Stenger, Manager
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF STONE MEADOW
to the Declaration of Covenants, Conditions and Restrictions for Stone
Meadow is adopted this 15th day of May, 1997 by Stone Meadow, L.L.C.,
Developer adopted the Declaration of Covenants, Conditions and Restrictions
of Stone Meadow on March 14, 1997, and they were recorded in Book
2497 at Page 2233 in the Office of the Recorder of Deeds for Greene
County, Missouri, and
WHEREAS, Article X, Section 3(b) thereof permits the Developer to
amend the Declaration of Covenants, Conditions and Restrictions for
a period of seven (7) years from the date of recordation thereof.
WHEREAS, the Developer wishes to add an Article XII which excludes
the property being purchased by Greene County for use as Kansas Expressway
from the Declaration.
NOW THEREFORE, the Developer does hereby amend the Declaration to
add the following ARTICLE XII:
Missouri is purchasing 4.82 acres of property within the Property
for the purpose of constructing and maintaining a road. This Declaration
of Covenants, Conditions and Restrictions shall not apply to those
4.82 acres, as more particularly described on the attached Exhibit
A, as long as the 4.82 acres is used for the purpose of a road. In
the event the 4.82 acres is used for a residential or commercial purpose,
this Declaration shall apply.
IN WITNESS WHEREOF, the undersigned, Stone Meadow, L.L.C., the Developer,
has caused this Amendment to Declaration of Covenants, Conditions
and Restrictions of Stone Meadow, to be executed this 15th day of
STONE MEADOW, L.L.C.
BY: Ronald K. Stenger, Manager
The Association The
5051 S. National Ave.,
Springfield, MO 65810
2001 Stone Meadow, L.L.C.