THIS DECLARATION, made this 2 day of February,
2006, by Woodland Developers, LLC, a Kansas limited liability company (hereinafter
referred to as the "Developer"), as shown on the plat of WOODLAND
MANOR, a residential subdivision in the City of Olathe, Johnson County, Kansas,
which plat was recorded in the office of the Register of Deeds of Johnson
County, Kansas, in Plat Book 200510 at page 011528.
WHEREAS, the undersigned is the owner
of all of:
Lots 1 through
58, and Tracts A through E, WOODLAND MANOR, a subdivision of land in
AND WHEREAS, the Developer is now developing the above described land and desires to create and maintain a residential neighborhood possessing features of more than ordinary value to the said community.
NOW, THEREFORE, in order to assist itself and its grantees in providing the necessary means to bring about the development of the above-described land, the undersigned now and hereby subject all of the above-described lots and tracts located in the development known as "WOODLAND MANOR" to the covenants, charges and assessments set forth and contained in this Declaration, subject, however, to the limitations hereinafter specified.
SECTION
1. DEFINITION OF TERMS USED
The term "district" as used
in this Declaration shall mean, unless and until extended as hereinafter provided,
all of the lots enumerated above as shown on said plat of WOODLAND MANOR subdivision
in
The term "lot" as used herein shall mean either any numbered lot
as platted or any parcel or parcels of land as conveyed, which may consist
of one or more numbered lots or part or parts of one or more numbered lots,
as platted, upon which a residence may be erected in accordance with the "Restrictions"
hereinafter defined, and shall include any other lots or parts thereof which
may hereafter be made part of the district.
The term "Association" shall mean and refer to the WOODLAND MANOR
HOMES ASSOCIATION or any corporate variation of said name which shall be organized
to administer the common areas and for other functions herein provided.
The term "public place" as used herein shall be deemed to mean all
streets, all parks and all similar places the use of which is dedicated to
or set aside for the use of the general public.
The term "Common Areas" as used herein shall be deemed to mean any
tract designated by a letter of the English alphabet, located within the District
as it exists from time to time, which tracts shall be owned, managed and maintained
by the WOODLAND MANOR HOMES ASSOCIATION for the use, benefit and enjoyment
of the present and future owners of land within the district.
The term "owners" as used herein shall mean those persons or corporations
who may from time to time own lots within the district.
The term "Developer" shall mean Woodland Developers, LLC, or such
other person as may be designated by Woodland Developers, LLC in a recordable
document to assume the duties and rights reserved to Developer herein.
The term "Restrictions" as used
herein shall specifically include those contained in the "DECLARATION
OF RESTRICTIONS" of WOODLAND MANOR filed in the office of the Register
of Deeds,
SECTION
2. MEMBERSHIP IN ASSOCIATION
The Owners of all of the lots hereinabove
described together with the owners of any other lots that may from time to
time be made subject to all of the terms and provisions of this Declaration
in the manner hereinafter provided shall be the members of an association,
which by this Declaration is hereby created and established, to be known as
"WOODLAND MANOR HOMES ASSOCIATION" or any legally permissible corporate
variation thereof. The Association shall be incorporated under
the laws of the State of
SECTION
3. VOTING RIGHTS
WOODLAND MANOR HOMES ASSOCIATION shall
have two (2) classes of voting membership, as follows:
(1) Class A. Each Owner, with the exception of the Developer, of a
lot in WOODLAND MANOR, a development in the City of Olathe, Johnson County,
Kansas, and in any of the numbered plats thereof, shall be a Class A member.
Each Class A member shall be entitled to one (1) vote for each lot owned by
him, her or it in fee simple title. When
more than one person holds interest or interests in any lot, all such persons
shall be members and the vote for such lot shall be exercised as they, among
themselves, shall determine, but in no event shall more than one (1) vote
be cast with respect to any such lot.
(2) Class B. The Class B member shall be the Developer. The Class B member shall be entitled to two
hundred (200) votes for each
The voting rights of Class A members shall be suspended for any period during
which any assessment, including interest and fees, against his, her or its
lot remains unpaid.
Except as hereinbefore provided, the Association shall be the sole judge of
the qualifications of its members and of their rights to participate in its
meetings and proceedings.
SECTION
4. LAND ENTITLED TO BENEFITS
No lot shall be entitled to any of the
benefits, improvements or services provided by this Association unless the
owner thereof, with the written consent of the Developer, shall have subjected
his, her or its lot to the terms of this Declaration and to the assessments
provided for herein.
SECTION
5. OTHER LANDS - HOW THEY MAY BE ADDED
Developer may from time to time add
to the District such other land as is now or hereafter owned by it or is approved
for addition by it, provided that the land so added to the District shall
at that time be bound by all of the terms of this Declaration and all amendments
thereto.
SECTION
6. USE OF COMMON AREAS
The Owners of lots within the District
shall have the right to the use of all Common Areas within the District as
it from time to time exists, subject to such right-of-way easements as the
City or the County may require for placement of one or more pathways for inclusion
in the public pathway park system.
Developer reserves the right to place restrictions on use of common areas
when added to the district.
The WOODLAND MANOR HOMES ASSOCIATION shall have the right and the power to
make reasonable rules and regulations which shall govern the use of the said
common Areas.
SECTION
7. POWERS AND DUTIES OF THE ASSOCIATION
(1)The Association shall have the following
powers and mandatory duties:
(a) To care
for, spray, trim, protect, replace and replant trees, shrubbery, bushes, flowers,
grass and sod along all streets, in other public places where trees, shrubbery,
bushes, flowers, grass and sod have once been planted or located; and to care
for, spray, trim, protect, place, replace, plant and replant trees, shrubbery,
bushes, flowers, grass and sod in the common areas set aside for the exclusive
use of the Owners in the District.
(b) To provide, maintain, protect and, where necessary, design, construct,
reconstruct and replace protective lighting within the District when adequate
service of that type is not available from any public source.
(c) To provide for the maintenance of any gateways, entrances, lawn sprinklers
and ornamental features now existing or which may hereafter be erected or
created in said District in an public street or park, or on any land set aside
for the exclusive use of the Owners in the District; to pay all
utility bills and other bills for services provided to the Common Areas;
and also to provide for the maintenance of any streams or natural water-courses
within the District.
(d) To provide for the operation and maintenance of and also to establish
and enforce rules for the exclusive use by the members of any playgrounds
and green areas which now exist or which may hereafter be included, created
or erected in the Common Areas within said District.
(e) To acquire and own the title to such real estate as may be reasonably
necessary in order to carry out the purposes of the Association, and to pay
taxes on such real estate as may be owned by it; to pay such taxes as may
be assessed against land in the semi-public places within the District.
(f) To enforce, either in its own name or in the name of any Owner within
the District, any or all building restrictions which may have been heretofore
or may hereafter be imposed upon any of the land in such District, either
in the form as originally placed thereon or as modified subsequently thereto;
provided, however, that this right of enforcement shall not serve to prevent
such changes, releases or modifications as are permissible in the deeds, declaration,
contract, plats or certificate of survey in which such restrictions or reservations
are set forth, nor shall it serve to prevent the assignment of those rights
by the proper parties, wherever and whenever such rights of assignment exist.The
expenses and costs of any enforcement proceedings shall be paid out of the
general fund of the Association as provided for herein.Nothing herein contained
shall be deemed or construed to prevent any Owner having the contractual right
to do so from enforcing in his own name any such restrictions.
(g) To manage and control as trustee for its members all improvements located
upon lettered tracts in the District, provided that such management and control
of said improvement shall at all times be subject to that had and exercised
by the City, County and State, or any one of them in which the land within
the District is located.
(h) To mow, care for, maintain and remove rubbish from vacant and unimproved
property and to do any other things necessary or desirable in the judgment
of the officers of the Association to keep any vacant and unimproved property
and the parking in front of any property in the District neat in appearance
and in good order.
(i) To exercise control over such easements as it may acquire from time to
time.
(j) To provide for the collection and disposal of rubbish and garbage, when
adequate services of that type are not available from any public source.
(k) To levy and collect the assessments which are provided for in this Declaration.
(l) To establish a Board of Directors and election procedures for directors;
the Board of Directors shall elect officers to manage the Association.
(m) To establish rules for the Association.
(n) To call meetings of the Association, both regular annual meetings and
special meetings.
(o) To establish an Architectural Control Committee, when that function is
surrendered by the Developer.
(p) To indemnify the officers, directors, employees and agents of the Board.
(a) To provide for the plowing and removal of snow from streets, when such
services are not available from any public source.
(b) To provide such lights as the Association may deem advisable on
gateways, entrances or other features, and in other public or semi-public
places, when such facilities are not available from any public source.
(c) To provide for the cleaning of streets, gutters, catch basins and sidewalks
and for the repair and maintenance of storm sewers and appurtenant drainage
facilities, when such services are not available from any public source.
(d) To erect and maintain signs for the marking of streets, and safety signs
for the protection of children and other persons, when such signs are not
available from any public source.
(e) To employ duly qualified peace officers for the purpose of providing such
police protection as the Association may deem necessary or desirable in addition
to that rendered by public authorities.
(f) To employ a manager, independent contractor or such other employees that
the members deem necessary.
(g) To fix the amount and manner of payment of any fees, charges or assessments
and send written notices of same.
(h) To foreclose any lien against any lot for which any fees or charge are
not paid.
(i) To secure bonds for all officers, managers or employees having fiscal
responsibilities.
(k) To purchase insurance as the Board shall determine is necessary and advisable.
SECTION 8. METHOD OF PROVIDING GENERAL FUNDS
(1) Each lot within the District upon which a dwelling has been erected shall
be assessed a one time initiation fee in the amount of $500.00, payable in
full when the lot and dwelling constructed thereon is first sold for occupancy
as a residence. The entire amount of the initiation fee shall be used for
expenses relating to the initial construction and subsequent maintenance,
repair and operation of the swimming pool owned and maintained by the Association.
(2) For the purpose of providing a general fund to enable said Association
to exercise the powers and maintain the improvements and render the services
herein provided for, each lot within the District upon which a dwelling has
been erected and is then or has been at any time theretofore occupied as a
residence, or other lot which may be made subject to this declaration by agreement
of the owners after occupancy, shall be subject to an annual general fund
assessment which may be levied by the Association from year to year, which
assessment shall be paid in advance to the Association annually on the second
day of each calendar year or at such other times as the Association may determine.
The Association may initially and without further meeting or vote, levy and
collect an annual assessment in the amount of Three Hundred Fifty Dollars
($350.00) per year for each lot owned by a Class A member upon which a dwelling
has been erected and is then or has been at any time theretofore occupied
as a residence. In the year in which a dwelling is constructed on any certain
lot covered by the Declaration, the assessment for the said year shall be
prorated to the first day in which such dwelling is first occupied as a residence.
The current annual assessment shall also be prorated as of the date of payment
for any lot which may be made subject to this declaration by agreement of
the owners after occupancy along with the payment in full of the one-time
initiation fee. No separate fee for use of the pool or other common areas
of the subdivision is required of owners in Woodland Manor.
(3) The annual assessment upon each lot as aforesaid may be increased or decreased
on all the Lots in the District by the Association, provided that at a meeting
of the members specially called for that purpose prior to the date on which
the assessment is levied for the year for which such increase is proposed,
a majority of the members present in person or by proxy at such meeting authorize
such an increase by an affirmative vote therefor.
(4) Unless the increases provided for in paragraph (3) of this Section 8 are
specifically limited by the resolutions in which they are contained, to be
for a specified period, they shall continue to be effective until rescinded
by the Association, at a meeting specially called for such purpose, by an
affirmative vote of a majority of the members present and the rescission shall
be effective commencing on the first day of the next succeeding year.
(5) Whenever the Association may deem it advisable to submit to the members
a proposal under Paragraph (2) of this Section 8 for increasing or decreasing
the amount of the annual assessments, it shall notify the members of the Association
by mailing to such members at the last known address, with United States postage
prepaid thereon, a notice of such meeting, giving the time and place at which
it is to be held and the fact that an increase or decrease in the amount of
the annual assessment is to be voted upon at such meeting; not less than fifteen
(15) days prior to the date of such special meeting.
(6) When any increased assessment is levied subsequent to the 1st day of December
which precedes the year in which such assessment is to be effective, then
such assessment shall become due and payable not later than thirty (30) days
from the date of levying the assessment. The Association may elect to permit
collections in quarterly or semi-annual payments in lieu of the annual payments
provided for herein
(7) Special assessments shall be levied by the Association against an Owner
for (a) Costs incurred in bringing an Owner or his lot into compliance with
the provisions of this Declaration, the Bylaws, or the Rules; (b) Fines levied
or fixed by the Board; (c) Attorneys’ fees, interest, and other costs or charges
to be paid as, or which are incurred in connection with, a special assessment
in accordance with the Association Bylaws or the Rules; (d) any other charge
designated as a special assessment in this Declaration, these Bylaws or the
Rules.
(8) The Owner of each Lot subject to an annual assessment as herein provided
in subparagraph (1) of this Section 8 shall by acceptance of a deed to such
Lot be taken to have agreed and does by these presents agree to pay to the
Association all assessments placed against such lot in accordance herewith,
and said Association is hereby granted the power to proceed against such owner
personally for the collection of said assessments, said right to be in addition
to and not to be construed as a limitation upon remedies and rights of said
Association otherwise herein granted.
SECTION
9. LIEN ON REAL ESTATE
(1) The assessment provided for herein
shall become a lien on said real estate against which it is levied as soon
as it is due and payable as above set forth, provided, however, that such
lien shall be inferior or subordinate to the lien of any valid first mortgage
now existing or which may hereafter be placed on said real estate. In the event of failure of any of the owners
to pay said assessment within thirty (30) days from the date same is levied,
then such assessment, from the thirtieth (30th) day after it has been levied
shall bear interest at the maximum rate of interest then allowed in Kansas
on judgments.
(2) Within thirty (30) days from the date of levying the assessment
for the calendar year during which and for which the assessment is levied,
the assessment shall become delinquent and payment of both principal and interest
may be enforced as a lien on said real estate, in proceedings in any court
in Johnson County, Kansas, having jurisdiction of suits for the enforcement
of such liens. It shall be the duty of the Association to bring suits to enforce
such liens before the expiration thereof. The Association may at its discretion
file certificates of non-payment of assessments in the office of the Register
of Deeds whenever any such assessments are delinquent. For each certificate
so filed, the Association shall be entitled to collect from the Owner or Owners
of the property described therein an administrative fee, which fee shall be
in the amount of the then applicable annual assessment and is hereby declared
to be a lien upon the real estate so described in said certificate, provided
that such lien shall be inferior and subordinate to the lien of any valid
first mortgage now existing or which may hereafter be placed on said real
estate. Such fee shall be collectible in the same manner as the original assessments
provided for herein and in addition to the interest and principal due thereon.
(3) Such liens shall continue for a period of five (5) years from the date
of delinquency and no longer unless within such period suit shall have been
instituted for collection, in which case the lien shall continue until termination
of the suit and until the sale of the property under the execution of judgment
establishing the same.
SECTION
10. EXPENDITURES LIMITED TO CURRENT YEAR ASSESSMENT
After
there is no longer a Class B member, the Association shall not expend more
money in any calendar year than the total amount of the assessments for that
particular year plus any surplus which it may have on hand from previous assessments;
nor shall said Association enter into any contract whatsoever binding the
assessment of any future year to pay for any such obligation, and no such
contract shall be valid or enforceable against the Association except for
contracts for utilities, it being the intention that the assessments for each
year shall be applied as far as practicable toward payment of the obligations
of that year, and that after there is no longer a Class B member the Association
shall have no power to make a contract affecting the assessment of any future
or subsequent year except for utilities.
SECTION 11. ADDRESS OF ASSOCIATION AND MEMBERS
The Association shall notify all Owners
of land in the District as it may exist from time to time, insofar as the
addresses of such Owners are listed with said Association, of the official
address of said Association, the place and time of the regular meetings of
the Association, and the place where payments shall be made and any other
business in connection with said Association may be transacted, and in the
case of any change of such address, the Association shall notify all the Owners
of the land within the District, insofar as their addresses are listed with
the Association, of the new address.
Any notice to an owner shall be sufficient
if mailed, first class U.S. Postage prepaid, addressed to the owner at said
owner's address as listed on the rolls of the Association, or the address
of the lot owned by the owner.
SECTION
12. TEMPORARY TRUSTEE
Prior to the actual organization or
incorporation of the Association contemplated by the terms of this Declaration,
the Developer shall have the right at its option to perform the duties, assume
the obligations, levy and collect the assessments, and otherwise exercise
the powers herein given to the Association, in the same way and manner as
though all of such powers and duties were hereby given directly to the Developer.The
Association contemplated by the terms of this Declaration shall not assume
any of the rights herein provided for without the consent of Developer and
its relinquishment in writing of its rights as temporary Trustee.The Developer
may, at any time hereafter, by appropriate agreement made expressly for that
purpose, assign or convey to any person or corporation all of the rights,
reservations and privileges reserved by it in this Section 12, and upon such
assignment or conveyance being made, its assigns or grantees may, at its option,
exercise, transfer or assign such rights at any time or times, in the same
way and manner as though directly reserved by them or it, in this instrument.
SECTION
13. TO OBSERVE ALL LAWS
Said Association shall at all times
observe all applicable State, County or other laws or regulations and if at
any time any of the provisions of this Declaration shall be found to conflict
with law, then such parts of this Declaration as are in conflict with such
laws shall become null and void, but no other parts of this Declaration not
in conflict therewith shall be affected thereby.The Association shall have
the right to make such reasonable rules and regulations and provide the means
and employ such agents as will enable it to adequately and properly carry
out the provisions of this Declaration, subject, however, to the limitation
of its rights to contract as are herein provided for.
SECTION
14. AMENDMENT
By written consent of the Owners of
two-thirds (2/3) of the Lots then within the District, evidenced by a Declaration
duly executed and acknowledged by such Owners and recorded in the office of
the Register of Deeds of Johnson County, Kansas, this instrument may be modified
and amended.
SECTION
15. HOW TERMINATED
This Declaration may be terminated,
and all of the land now or hereafter affected may be released from all of
the terms and provisions thereof, by the Owners of two-thirds (2/3) of the
lots then subject thereto executing and acknowledging an appropriate agreement
or agreements for that purpose and filing the same for record in the office
of the Register of Deeds of Johnson County, Kansas.
SECTION
16. COVENANTS RUNNING WITH THE LAND
All provisions of this Declaration shall
be deemed to be covenants running with the land and shall be binding upon
the Developer and upon its successors and assigns.
IN WITNESS WHEREOF, the Developer has
caused these presents to be executed the day and year first above written.
Woodland Developers, LLC