Declaration of Covenants & Restrictions
Brittany Oaks Sub-Division
All Plats of The Brittany Oaks Homeowners Association
THIS DECLARATION is made as of this 1 , by Bell Development, Inc. (hereafter “Developer”).
WHEREAS, Developer is the owner of 20.28 acres, more or less, consisting of 2 lots, shown on the 3 Plat of Brittany Oaks, a subdivision in Kansas City, Platte County, Missouri, as Document No. 4 , and recorded in Book 5 of Plats, at Page 6 , and has dedicated to the public all of the streets, roads, avenues and terraces, respectively as are shown thereon; and
WHEREAS, Developer intends to develop said subdivision for residential purposes and now desires to place certain restrictions on the lots owned by it and shown on said plat, all of which restrictions shall be for the use and benefit of the present owner and its future grantees.
Membership in Association.
The Owners of all of the Lots, together with the Owners of any other land that may from time to time be made subject to all of the terms and provisions of this Declaration in the manner hereinafter provided for, shall be the members of an association which shall be created and established pursuant hereto, to be known as THE BRITTANY OAKS HOMES ASSOCIATION (hereafter “the Association”). The Association shall be incorporated under the laws of the State of Missouri as a not-for-profit corporation.
Persons Bound by these Restrictions.
All persons and corporations who now own or shall hereafter acquire any interest in the lots hereby restricted shall be taken to hold and agree and covenant with the owners of said lots, and with their successors and assigns, to conform to and observe the following covenants, restrictions, and stipulations as to the use thereof for a period of time ending December 31, 2017, except as provided in Section 20 of these restrictions, provided however, that each of said restrictions shall be renewed in the manner hereafter set forth.
Section 1. Other Lands- How They May Be Added.
Developer may, from time to time, unilaterally add to the Association (without the necessity of the consent of any owner or other person or entity) such land as is now or hereafter owned or approved for addition by Developer in its sole discretion; provided, however, that the land to be added to the Association shall at that time be bound by all of the terms of this Declaration and any future modifications thereof.
Section 2. Use of Land- Type of Residence.
None of the lots hereby restricted may be improved, used or occupied for other than residence purposes, and no flat nor apartment house, although intended for residence purposes, may be erected thereon. Any residence erected or maintained on any of the lots hereby restricted shall be designed for occupancy by a single family only. No building shall be erected, placed, altered or externally improved on any building site hereby restricted until the building plans, specifications, materials, and location thereof have been approved in writing by the Developer as to conformity and harmony of external design and general quality with the existing standards with the subdivision as to location of the building with respect to topography and finished ground elevations.
Section 3. Waiver of Building Line.
Developer reserves the right to waive building lines established on the final plat by filing a waiver. Said waiver must comply with the City of Kansas City subdivision and zoning ordinances.
Section 4. Permitted Height of Residences.
Any residence erected on said restricted lots as described above shall not be more than two and one-half stories (2 ½) in height.
Section 5. Required Size of Residences.
Any residence erected on said lots shall contain a minimum of 1,200 square feet of enclosed floor area, except that any two-story residence shall contain a minimum of 1,300 square feet of enclosed floor area, including a minimum of 650 square feet on each floor, and any split-level or story and a half residence shall contain a minimum of 1,300 square feet. The words “enclosed floor area” as used herein shall mean and include in all cases areas on the first and second floors of the residences enclosed and finished for all year occupancy, computed on outside measurements of the residence, and shall not mean or include any areas in basements, garages, porches, or attics. Developer hereby reserves the right to reduce the floor area requirements set forth above, provided the total reduction for any one residence may not exceed 10 percent of such minimum floor area requirement for such residence.
Section 6. Outbuildings Prohibited.
No outbuilding or other detached structure of any nature or design may be erected, nor any trailers, trucks, mobile homes, boats, motor homes, buses, equipment or machinery shall ever be parked, located or otherwise maintained on any building site, parking area or street on lots hereby restricted.
UPDATE 10/2017: It was determined during the April 2017 HOA meeting and the board that items such as trailers, trucks, boats and campers was too vague and needed to be better defined.
Please use the following as a general guide:
- Motor Homes and Campers: Recreational vehicles are allowed on owner’s premises only for preparation and clean up. No storing on-site unless out-of-site in garage.
- Trucks: No trucks over 1 ton. No semi-trucks or trailers. No box delivery/moving trucks except for loading and unloading.
- Boats: Must be stored off-site or in garage between October 15th – April 30th. Must be parked in owner’s driveway while not being used.
- Trailers: No trailers over 10ft. in length. Must be stored off-site or in garage between October 15th – April 30th. Must be parked in owner’s driveway while not being used.
Section 7. Oil Tanks Prohibited.
No tanks for the storage of fuel may be maintained on any of the lots hereby restricted, above the surface of the ground.
Section 8. Nuisances.
No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including mechanical work on automotive or other equipment of any kind or overnight parking.
Section 9. Outside Structures.
No structure of a temporary or permanent character, trailer, bus, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, or otherwise, either temporary or permanently, except during construction. No swimming pools of any kind may be constructed or installed without approval in writing from Developer.
Section 10. Fences.
Any fence, hedge, or boundary wall erected, kept, or maintained around any of said lots or any part or parts thereof, shall be in keeping with the design and architecture of the residence upon such lot and or ornamental nature and if of wooden material, no paint or stain shall be required on fences constructed of redwood or cedar which are left in their natural state. No such fence, hedge, or boundary wall shall be more than six (6) feet in height, and no fence of any kind or description shall be erected in front of any dwelling. Chicken wire or farm woven fences are prohibited.
Section 11. Animals Prohibited.
No poultry, cows, swine, rabbits, sheep, goats or similar domestic animals for any purpose, and not more than two pets per living unit, shall be kept or maintained at any time on any of said lots, or parts thereof. Each of said lots, and each and every part or parts thereof, and the buildings thereon, and all appurtenances thereto shall be kept clean, neat and in proper sanitary condition. No such pets will be kept, bred or maintained for commercial purposes.
Section 12. Billboards Prohibited.
No signs, advertisements, billboards, or advertising structure of any kind may be erected or maintained on any of the lots hereby restricted, provided, however, that permission is hereby granted for the erection and maintenance of not more than one advertising board on each lot or tract as sold and conveyed, which advertising board shall not be more than five (5) square feet in size and may be used for the sole purpose of advertising for sale or lease the lot or tract upon which it is erected.
Section 13. Power Lines and Telephone Wires and Cables.
No overhead power lines or overhead telephone wires or cables may be erected or maintained upon any of the lots hereby restricted. No clothesline or clothes hanger may be constructed or used unless completely concealed within enclosed patio area.
Section 14. Driveways.
All driveways must be improved with hard surface consisting of a minimum of 4” reinforced concrete or other materials approved in writing by Developer. Gravel driveways or driveways consisting of crushed rock base with prime and seal coat will not be permitted.
Section 15. Powers and Duties of the Association.
The Association shall have the following powers and duties which it may exercise and perform at its discretion.
(a) To mow, care for, maintain, and do any other things necessary or desirable in the judgment of the officers of the Association to keep any vacant and unimproved property, right of way, subdivision entrance, and the parking in front of any property neat in appearance and in good order.
(b) To observe and follow the Covenant for Construction and Maintenance of Storm Water Detention Facility by and between the Association, Hope Fellowship Baptist Church and Medco Development Company of Kansas City, recorded in the office of the recorder of deeds for Platte County, Missouri, as Document No. 15407 in Book 799 at Page 353, and plans for grading and developing detention areas as designed by John F. Lutjen and Associates and filed with Kansas City, Missouri Public Works Dept., City Engineer File Number 1993-80.
(c) To observe and follow the Covenant for Construction and Maintenance of Storm Water Detention Facility by and between the Association and Medco Development Company of Kansas City, recorded in the office of the recorder of deeds for Platte County, Missouri, as Document No. 15408 in Book 799 at Page 354.
(d) To levy and collect the assessments which are provided for in this Declaration including those collected to permit the Association to perform the duties and obligations set forth in Section 15 (a), (b) and (c) above.
Section 16. Method of Providing General Funds.
The Association may, from year to year, fix and determine the total amount required in a general fund and may levy and collect an annual assessment at the beginning of each fiscal year for the upcoming year. Each fiscal year shall begin on September 1 and end on August 31.
The annual assessment for the first fiscal year shall not exceed Sixty Dollars ($60.00) for each assessable lot. A lot will not be assessable before and until the construction of a residence meeting the restrictions contained herein is complete and the residence is owner occupied.
An annual assessment will be due at closing of the purchase of a residence, based on a pro-rated amount for the portion of the fiscal year from date of closing through the end of that fiscal year.
It shall be the duty of the Association to notify all owners whose addresses are then listed with the Association giving the amount of the assessment on each Lot owned by them and the date when such assessment is due. Failure of the Association to levy an assessment for any one year shall in no way affect the right of the Association to do so for any subsequent year.
In addition to the annual assessment authorized above, the Association may levy in any year a special assessment applicable to that year only, for the purpose of defraying in whole or in part any prior year’s budget deficit, exceptional item of expense, or the cost of any construction, reconstruction, repairs or replacement of capital improvements, including any fixtures or personal property related thereto, to be completed by the Association pursuant to the terms hereof. Any special assessments shall be due and payable at the time and in the manner determined by the Association.
The assessments shall become a lien on the real estate against which they are levied as soon as they are due and payable as set forth above, provided however, that such lien shall be inferior and subordinate to the lien of any valid first mortgage which now exists or which may hereafter be placed on said real estate, including any valid first mortgage which secures payment of a load insured or guaranteed by any agency of the United States Government. In the event of failure of any member to pay an assessment within thirty (30) days from the date due, such assessment shall bear interest at the rate of ten percent (10%) per annum from the due date until payment in full is received by the Association.
If any assessment remains unpaid at the end of thirty (30) days from the date due, it shall become delinquent. Payment of the delinquent assessment plus any interest and costs of collection including related fees and expenses, may be enforced as a lien on said real estate. Provided, however, that such lien shall be inferior and subordinate to any valid first mortgage now existing or hereafter placed on said real estate, including any valid first mortgage which secures payment of a loan insured or guaranteed by any agency of the United States Government.
Section 17. Association to Notify Members of Address.
The Association shall notify all owners whose addresses are listed with the Association, of the official address of the Association and the place where payments shall be made and any other business in connection with the Association may be transacted. The Association shall notify the owners of any change of Association address.
Section 18. Performance of Association’s Duties by Developer.
Prior to the actual organization or incorporation of the Association contemplated by this Declaration, the Developer shall perform the duties and assume the obligations of the Association.
Section 19. To Observe All Laws.
The Association shall at all times observe all state, county, city and other laws. If at any time any of the provisions of this Declaration are found to be in conflict with any applicable laws, null and void, but no other part of this Declaration shall be affected. The Association shall have the right to make such agents as will enable it to adequately and properly carry out the provisions of this Declaration; subject, however, to the limitations of its right to contract as are herein provided for.
Section 20. Duration of Restrictions and Right to Enforce.
The restrictions herein set forth shall run with the land and bind the present owner, its successors or assigns, and all persons claiming by, through or under it shall be taken to agree and covenant with said owner, its successors and assigns, with each of them to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon until December 31, 2017, and shall automatically continue thereafter for successive periods of 25 years each; provided, however, that the owners of the fee simple title to the majority of front feet of the lots herein restricted may release all of the land hereby restricted from any one or more of said restrictions at the end of this first twenty-five year period, or at the end of any successive 25 year period thereafter, by executing and acknowledging an appropriate agreement in writing for such purposes, and filing the same for record at least one year prior to the expiration of this first twenty-five year period or any of the subsequent 25 year periods and provided further that said restrictions and each of them may be changed, modified or removed at any time by agreement in writing duly executed and acknowledged by the owners of not less than 75 percent of the lots hereby restricted, including lots owned by Developed, and filing the same for record in said Office of the Recorder of Deeds of Platte County, Missouri, but no restrictions herein set forth shall be personally binding on any corporation, person or persons, except in respect of breaches committed during its, his or their seizing of title to said land, and the owner or owners of any of the above land shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions set forth above in addition to ordinary legal action for damages; and the failure of the present owner or owners of any other lots in this addition to endorse any of the restrictions herein set forth, at the time of its violation, shall in no event be deemed to be a waiver of the right to do so thereafter;
Notwithstanding anything to the contrary, this declaration may not be terminated or amended in any manner which would permit or require the Association to refrain from making assessments against members for the performance of the Association’s obligations under the Covenants referenced in Section 15 (b) and (c) above.
Invalidation of any one of these covenants by judgement, or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, BELL DEVELOPMENT, INC., has caused this Declaration to be executed this 7 .
BELL DEVELOPMENT, INC., a Kansas Corporation
BY: Donald Bell
President *
Footnotes:
1- Phase 1 July 14, 1993 4- Phase 1 15405
Phase 2 December 24, 1994 Phase 2 17584
Phase 3 October 8, 1996 Phase 3 9971
2- Phase 1 66 lots 5- Phase 1 18
Phase 2 53 lots Phase 2 18
Phase 3 42 lots Phase 3 19
3- Phase 1 6- Phase 1 189
Phase 2 Phase 2 253
Phase 3 Phase 3 10
7- Phase 1 July 14, 1993
Phase 2 December 24, 1994
Phase 3 October 8, 1996