Liberty Hills HOA Declarations of Restrictions
AMENDED DECLARATIONS OF RESTRICTIONS AND
HOMES ASSOCIATION DECLARATION OF
LIBERTY HILLS HOMEOWNERS ASSOCIATION
WHEREAS, This Amended Declaration is made the 14th day of May, 2024, by Liberty Hills Homeowners Association, Inc., a Missouri Not-for-Profit Corporation, GRANTOR, and by the undersigned owners of lots located in Liberty Hills and Country Club Estates subdivisions,
WHEREAS, This Amended Declaration is made the 12th day of September, 2006, by Liberty Hills Homeowners Association, Inc., a Missouri Not-for-Profit Corporation, GRANTOR, and by the undersigned owners of lots located in Liberty Hills and Country Club Estates subdivisions,
WHEREAS, Liberty Hills Development Company did subject to the provisions and restrictions contained in the original Declaration of Restrictions and Homeowners Association Declaration dated May 25, 1967 and recorded May 29, 1967 in Book 934 at Page 406 in the office of the Recorder of Deeds, Clay County, Missouri; and
WHEREAS, by Homeowners Association Declaration dated December 2, 1992 and recorded December 2, 1992 in Book 2180 at Page 842 in the office of the Recorder of Deeds, Clay County, Missouri, the Developer extended the district of the Homeowners Association to include the tract of land which Country Club Estates is located.
WHEREAS, by Agreement Amending Homeowners Association Declaration and Establishing Sanitary Sewer Easement dated October 21, 1983 and recorded September 4, 1991 in the office of the Recorder of Deeds, Clay County, Missouri as Document Number L5931 in Book 2057 at Page 728, the Company, Lot Owners, Homeowners Association and Country Club did provide more adequately for the present use of the sanitary sewer system serving the Lot Owners and the Country Club; reserved the ability to extend the district of the Homeowners Association at such time as the Company developed additional land; and vested with the Homeowners Association certain powers and authority; and
WHEREAS, by Agreement to Adopt and Ratify the Agreement Amending Homeowners Association Declaration and Establishing Sanitary Sewer Easement dated April 30, 1992 and recorded December 2, 1992 in the office of the Recorder of Deeds, Clay County, Missouri as Document Number L54915 in Book 2180 at Page 852, the Agreement Amending Homeowners Association Declaration and Establishing Sanitary Sewer Easement was extended to apply to additional lot owners; and
WHEREAS, Liberty Hills Homeowners Association, Inc. and the property owners affected hereby desire to amend the Declaration of Restrictions and Homeowners Association Declaration dated May 25, 1967, provided, however, that this Amendment shall, in no way, affect, amend or modify any prior amendments as same relate to the sanitary sewer easement and sewer treatment plan; and
WHEREAS, it is the desire of all parties hereto that the Declarations and Restrictions be for the use and benefit of the present owners and future grantees, their heirs, successors and assigns so they can enjoy a residential neighborhood possessing features of more than ordinary value to a residential community, and
NOW THEREFORE, the LIBERTY HILLS HOMEOWNERS ASSOCIATION DECLARATION OF RESTRICTIONS AND HOMEOWNERS ASSOCIATION DECLARATION shall apply to all parties hereto, their grantees, heirs, successors and assigns, to bring about the above intent and desire. The parties hereto do now and hereby subject all lots in Liberty Hills and Country Club Estates to the covenants, charges and assessments set forth and contained in this declaration, for themselves, their successors, assigns and grantees and declare the herein described lots shall be held, conveyed, transferred and sold subject to the following restrictions, reservations, covenants and easements, to -wit:
UTILITIES, EASEMENTS AND PUBLIC WAYS
All lands now platted within the boundaries of Liberty Hills and Country Club Estates, as legally described, are to contain easements for use by properly authorized public utility companies and the streets, avenues, drives and public ways shown on the plat are for public use.
DEFINITIONS
A “corner lot” is one that abuts on two or more streets at their intersection. Any corner lot shall be deemed to front on the street on which it has its smaller dimension, except that Liberty Hills Homeowners Association, in the deed to any corner lot, (A) may designate a different street as the one upon which such lot shall be deemed to front; or (b) may, at any time with the consent in writing of the legal holder of title thereto, designate a different street as the one upon which such lot shall be deemed to front.
The word “Plot” as used in this statement, is intended to mean a single piece or parcel of land consisting of one lot or more or less that one lot. A “Plot” shall be deemed to front on the same street of streets as the lot or lots constitution such plot.
“Building Limit Line”, as herein used, shall mean the line marked building limit line as shown on the plat, or as changed in accordance with the provisions herein.
The word “Street”, as used in these Restrictions, shall include any street, drive, boulevard, road, lane, way, terrace or court as shown in the plat.
The word “Subdivision” shall mean the lots restricted thereby.
The word “Member” or “Lot Owner” shall mean there is one (1) vote for each lot owner or household whose membership dues are in good standing.
The word “Pet” is referred to as domesticated dogs and/or cats. Domestic rabbits and potbellied pigs as well as animals listed in Clay County Land Development Code, 151-6.2, Section D, are prohibited.
USE OF LAND
No lot may be used for other than private residential purposes. All residences shall be designated for occupancy by a single family, and shall be occupied by the holder of legal title thereto, and his/her/their family.
No residence of a temporary character shall be permitted on any lot. No temporary or incomplete building, nor any automotive equipment, trailer or garage shall be erected, maintained or used, either temporarily or permanently. No shack, basement, recreational vehicle, garage, trailer, tent, barn or other building erected on or moved onto any lot in the subdivisions shall be at any time, whether temporarily or permanently, used as a residence. No vehicle of Class 3 or higher (10,001 G.V.W.) shall be parked in driveway or street. Any unlicensed or inoperable vehicle, any boat, watercraft, jet ski, recreational vehicle, or trailer, may only be parked in enclosed garage. No commercial automotive repair, building or any form of automotive manufacture shall occur on any lot, except for emergency repairs. Automobile rebuilding by the property owner must be done in enclosed garage. No “on street parking” between the hours of 10:00 P.M. and 6:00 A.M.
Any business use of a house shall be incidental and subordinate to the principal use of the premises and there shall be no visible evidence of the conduct of the home business when viewed from the street right-of-way or from an adjacent lot. All materials and equipment used in the business shall be stored within the house.
No outdoor storage of any materials or excessive accumulations of trash and debris shall be permitted on any lot.
LOT AREA AND FRONTAGE
Every dwelling erected on any lot or plot shall front or present a good frontage on the street on which said lot or plot fronts. Dwellings on corner lots shall have a presentable frontage on all streets on which the particular corner lot or front abuts. No dwelling shall be erected on a plot or lot having an area less than fifteen thousand (15,000) square feet or frontage of less than sixty (60) feet on the street on which the plot or lot fronts.
APPROVAL OF PLANS
No building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition thereto or change or alteration thereof be made, until plans and specifications, color scheme, plot plan and grading plan shall have been submitted to and approved in writing by the Board of Directors of Liberty Hills Homeowners Association. In approving or disapproving said plans and specifications and other requirements, the Board of Directors of Liberty Hills Homeowners Association shall take into consideration the suitability of the proposed building or other structure; the materials of which it is to be built; the site upon which it is proposed to be erected; and the harmony thereof with the surrounding buildings and structures. Said structure should have an area of brick, stone or stucco on the front exterior. The Board must respond within thirty (30) days via registered letter approving or disapproving said plans and specifications.
SIZE OF DWELLING
Each residence will include no less than two thousand (2000) square feet of living space. This square footage requirement shall not include basement area or attached garages. Should the residence be a true ranch style, the living area will not be less than two thousand (2000) square feet on one floor. Should the residence be a true two story the living area will not be less than two thousand (2000) square feet equally divided between two floors. Should the residence be a true split level style the living area will not be less than two thousand (2000) square feet with not less than twelve hundred (1200) square feet on the first floor and not less than eight hundred (800) square feet on the second floor. Should the residence be a reverse ranch style, the living area will not be less than two thousand (2000) square feet, with not less than one thousand two hundred (1,200) square feet on the first floor and not less than eight hundred (800) square feet in the basement.
REQUIRED HEIGHT OF RESIDENCES
No residence for occupancy as a single family dwelling shall or may be erected with more than two (2) stories in height, except that where the slope of the lot permits a lower level having substantial exposure above ground, same may be permitted in addition to the two stories.
OUTBUILDINGS
No outbuildings and/or trailer pads may be erected or constructed on any of the Lots in the said subdivisions. “Outbuilding” shall mean an enclosed covered structure not directly attached to the residence to which it is appurtenant.
DWELLING SETBACK
No dwelling or any part thereof shall be erected or maintained on any plot nearer to any adjoining street or streets than the building limit lines shown on the recorded plat. Covered or uncovered, but not enclosed, porches, balconies, porte-cochere or terraces may extend beyond the building limit line not more than twelve (12) feet and customary architectural appurtenances such as cornices, bay windows, spouts and chimneys may extend not more than four (4) feet. Steps leading to dwellings may extend beyond such building limit lines, provided such steps are not higher than the level of the first floor of the dwelling.
DWELLING FREE SPACE
There shall be a side yard on each side of a building not less than ten (10) percent of the width of the lot; except that such side yard shall not be less than ten (10) feet and need not be more than fifteen (15) feet. “Side yard” is intended to mean an open space at grade between a building and the adjoining lot lines, and extending from the front yard to the rear yard, unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard for the purpose of determining the width of a side yard, the least horizontal distance between the lot line and the main building shall be used.
EASEMENTS
No building or other permanent structure shall be erected or maintained on any part of any area indicated as an easement, but the owners of lots may erect and maintain a fence, wall or hedge along the property line within such easement, but subject at all times to the prior right to use such area for public or quasi-public purposes.
The Homeowners Association reserves to itself, its successors and assigns:
An easement to keep, maintain, restore, repair and replace any sewer line over, under and across any and all lots; and an easement for ingress and egress over, under and across any lot for the purpose of maintaining, restoring, repairing or replacing the sewer line.
Provided however, that if, in order to maintain, restore, repair or replace a sewer line, it becomes necessary to break through walls or fences, excavate or otherwise damage the property entered, the damages caused by such entry shall be repaired and the property entered shall be restored to its former condition at the expense of the owner whose property is served by such sewer line.
SIGNS, BILLBOARDS AND ADVERTISING
The construction or maintenance of signs, billboards or advertising structures of any kind on any lot is prohibited. One sign or billboard advertising the sale of property shown on the recorded plat is permitted provided that it does not exceed two by three feet (2 x 3’) in size.
MISCELLANEOUS PROVISIONS
No garage or similar opening shall be permitted on the street front side of the dwelling and all residential structures shall contain garage space sufficient to house two (2) motor vehicles.
No outside tank for storage of oil or other fluids may be maintained on any of the Lots or Plots above the surface of the ground.
A fence may be built on or near the perimeter of the back yard of any lot or plot provided the fence plan is first submitted and approved by the Board of Directors. If the fence is to be placed on the property line, a survey must be submitted to the Board of Directors along with the fence plan. The fence must be at least four (4) feet, and not to exceed six (6) feet in height. . The fence must not extend nearer to the front of the property than the back corners of the house.
Any fence must be maintained by the property owner. Any fences in existence at the time these restrictions take effect are allowed to remain.
Approved fence materials consist of: wood, metal and maintenance free wood like material. Unapproved material consists of chain link, vinyl. Unapproved styles include Stockade and Privacy fences.
A dog house will be allowed so long as it is of the same design and materials as the residence. It must be within three (3) feet of the back of the house and not exceed 3 x 5 feet in dimension. A maximum of three (3) dogs over 6 months of age four (4) cats over 6 months of age, with a combination of the two not to exceed 5 animals shall be allowed per household. Pets shall at all times be confined to the property of their owners, unless on a leash attended by his or her owner. Dogs shall not be allowed outside of a home in a fenced area unattended between the hours of 7 p.m. and 7 a.m. Any dog that barks excessively in a fenced yard shall not be allowed outside without the owner in attendance.
No trash, ashes, refuse or yard waste may be deposited or dumped on any lot or plot in the subdivisions, or flushed into the storm drains.
No incinerator or trash burning facilities (not to include chimnea, or BBQ grill or other such products manufactured for recreational use) shall be used on any lot or plot in the subdivisions. No outdoor or open burning of any trash, rubbish, building materials, debris or leaves on any lot or plot in the subdivisions.
No radio or television aerial shall be maintained at a height in excess of three (3) feet above the roof of the residence to which it is attached.
No building material of any kind or character shall be placed or stored upon any lot until the owner thereof is ready to commence improvements or constructions and then the material shall be placed within the property lines of the plot and shall not be stored on any public street nor within ten (10) feet of the curb line. All roofing material used in the subdivisions shall be of timberline type shingle, similar in color to those already being used in the subdivisions.
Any exterior color modification to any residence, to include painting and siding of a residence, shall be white, gray or earth tones similar in color to other residences in the subdivision.
No above-ground swimming pool shall be constructed or maintained on any lot within the subdivisions. All in-ground swimming pools shall be enclosed by a fence, which fence shall first be approved by the Board of Directors and shall meet all other requirements for fences as set forth herein.
All driveways must be of a width sufficient to accommodate two (2) motor vehicles side by side and of a minimum width of twelve (12) feet.
All driveways shall be constructed of concrete.
All public utility conduits consisting of wires, both electrical and telephone, and pipes shall be installed underground.
Upon the completion of any structure, the surrounding ground shall be graded with at least two (2) inches of topsoil and immediately seeded and/or sodded, weather and season permitting. All front yards shall be sodded; all backyards shall be seeded and/or sodded, at the discretion of the property owner. No zoysia or Bermuda plugs or stolons may be used. A minimum of $750.00 must be spent on landscape plantings. All sodding/seeding/landscaping shall be completed within one (1) year from the commencement of construction of the residence.
All exterior remodeling and construction after initial construction of the residence, including, but not limited to, deck building, painting, siding, landscaping, etc., shall be completed within ninety (90) days from the date of commencement.
It shall be the duty of each and every property owner within the subdivisions hereby affected to maintain the exterior of their residence and their property, including, but not being limited to, maintenance, painting, restoration, repair, replacement of roofs/gutters/downspouts, exterior building surfaces, driveways, walks and lot. In the event of the failure of any property owner to so maintain his/her/their property, then the Board of Directors of the Homeowner’s Association shall first provide written notice of the defects to the property owner(s), allowing ninety (90) days time within which to bring the residence and/or property upon which same is located, into compliance with these Restrictions. In the event the property owner fails to make the repairs outlined in the Notice, then the Board of Directors, in their discretion, shall be authorized to file legal action to enforce the written request in any Court in Clay County, Missouri having jurisdiction of suits for the enforcement of these restrictions. Attorney’s fees and court costs shall be paid by the property owner involved in the litigation.
DURATION AND AMENDMENT OF RESTRICTIONS and HOMEOWNERS
ASSOCIATION DECLARATION
All of the restrictions and covenants herein set forth shall continue and be binding upon all residences in Liberty Hills and Country Club Estates, and their successors and assigns. Any future amendment of these Restrictions shall be initiated by a majority of the Board of Directors of the Homeowners Association. However, amendments shall be made no more frequently than every one (1) years. Should a majority of the Board of Directors determine that an amendment is necessary, the Board of Directors of the Homeowners Association shall, at least ninety (90) days in advance of any proposed Amendment to these Restrictions, provide Notice of such amendment to all homeowners of Liberty Hills and Country Club Estates. Said Notice shall include the language of the proposed amendment, as well as the date, time and place of the meeting where the vote regarding said amendment shall occur. Thereafter, at the meeting called for the purpose of amending these Restrictions, said amendment shall be passed upon a vote in favor of amendment by at least two-thirds (2/3) of the persons present at the Homeowners Association meeting called for the purpose of amending the Restrictions.
RIGHT TO ENFORCE
The restrictions herein set forth shall touch and run with the land and bind Liberty Hills subdivision and Country Club Estates subdivision, their successors and assigns. All parties claiming by, through or under them shall be taken to agree and covenant with Liberty Hills subdivision and Country Club Estates subdivision and their successors and assigns, and with each of them to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon. None of the restrictions herein set forth shall be personally binding on any corporation, person or persons, except in respect to breaches committed during its, his, hers or their seizing of the title to said land, and the owners or owner of any of the subdivision’s lands 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 above set forth in addition to ordinary legal action for damages. The failure of Liberty Hills Homeowners Association, or owner or owners of any other lot or lots shown on the plats to enforce any of the restrictions herein set forth at the time of its violation shall, in no event, be deemed to be a waiver of any right to do so thereafter.
RIGHT TO ASSIGN
Liberty Hills Homeowners Association, by the appropriate instrument, may assign or convey to any person, organization, or corporation, any or all of the rights, reservations, easements and privileges herein reserved by it and upon such assignment or conveyance being made, its assigns or grantees may, at their option, exercise, transfer or assign such rights, reservations, easements and privileges, or any one or more of them, at any time or times, in the same way and manner as though directly reserved by them or it in this instrument.
PARTIAL INVALIDATION
Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
HOMEOWNERS ASSOCIATION DECLARATION
SECTION 1. MEMBERSHIP IN ASSOCIATION.
The owners of all of the Lots located within Liberty Hills, a subdivision in Clay County, Missouri as shown on the recorded plat thereof, and Country Club Estates, a subdivision in Clay County, Missouri, as shown on the recorded plat thereof, shall be members of an Association known as LIBERTY HILLS HOMEOWNERS ASSOCIATION. The Association shall be incorporated under the laws of the State of Missouri as a non-for-profit corporation. Membership in the Association shall be limited to the owners of land within the boundaries of said subdivisions. The Association shall be the sole judge of the qualifications of its members and of their right to participate in its meetings and proceedings.
SECTION II. LAND ENTITLED TO BENEFITS.
No land shall be entitled to any of the benefits, improvements or services provided by the Association unless the owner or owners thereof shall have subjected their land to the terms of this Declaration and to the assessments herein provided for.
SECTION III. POWERS AND DUTIES OF THE ASSOCIATION.
The Association shall have the following powers and duties which it may exercise and perform whenever in its discretion it may deem them necessary or desirable, to-wit:
(1) 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 the 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, modifications of restrictions or reservations being made by the parties having the right to make such changes, releases or modifications as are permissible in the deeds, declarations, contracts or plats in which such restrictions and 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. 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. In the event any such enforcement is required, the costs for such enforcement shall be assessed against the property owner against whom enforcement is sought.
(2) To manage and control as trustee for its members all public improvements upon and to the land in the subdivisions, or improvements in public places, provided that such management and control of said improvements shall at all times be subject to and exercised by any City, Township, County or State, or any of them, in which the land is located.
(3) To care for, spray, trim, protect and replant trees on all streets and in other public places where trees have been planted when such services are not available from any public source; and to care for, protect and replant shrubbery, and resow grass and replace sod in the parks which are in the streets and in any parks set aside for the general use of the owners in the subdivisions affected hereby.
(4) 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 Board of Directors of the Association to keep any vacant and unimproved property and the parking front of any property in the subdivisions neat I appearance and in good order.
(5) To provide for the maintenance of any gateways, entrances and ornamental features now existing or which may hereafter be erected or created in said subdivisions or any public street or park, or on any land set aside for the general use of the owners in the district, or to which all of such owners have access and use thereof; and also to provide for the maintenance of any streams and natural water-courses within the district.
(6) To provide for the cleaning of streets, catch basins, sidewalks and pedestrian ways, and for the repair and maintenance of storm sewers and appurtenant drainage facilities when such services are not available from any public source.
(7) 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.
(8) To exercise control over such easements as it may acquire.
(9) To acquire and take 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, and to pay such taxes as may be assessed against land in public or semi-public places within the district.
(10) To levy and collect the assessments which are provided for in this Declaration.
SECTION III. METHOD OF PROVIDING GENERAL FUNDS.
(1) For the purpose of providing a general fund to enable the Association to exercise the powers and maintain the improvements and render the services herein provided for, all land within the boundaries of the subdivisions shall be subject to an annual assessment which may be levied by the Association from year to year and shall be paid to the Association annually in advance by the respective owners of the assessable land subject thereto, which assessment land shall be deemed to be all of the lots in the aforesaid plats. The Association may from year to year fix and determine the total amount required in this general fund and may levy and collect an annual assessment for each lot or plat within the subdivisions as established.
(2) The annual assessment upon each lot as aforesaid may be increased by the amount not exceeding one hundred percent of the maximum annual assessment which the Association may levy and collect from year to year, 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 at such meeting may authorize such an increase by an affirmative vote therefor; and provided, further, that the annual assessment upon each lot as aforesaid may be increased by an amount not exceeding one hundred fifty percent of the maximum annual assessment, provided that at a meeting of the members specially called for that purpose, prior to that date on which the assessment is levied for the year for which such increase is proposed, three-fourths (3/4) of the members present at such meeting may authorize an increase by an affirmative vote therefor. Whenever the Association may deem it advisable to submit to the members a proposal for increasing the amount of the annual assessment for a particular year, it shall notify the members of the Association by mailing to such members at their last known address, with United States Postage thereon prepaid, a Notice of such meeting, giving the time and place at which it is to be held and the fact that an increase in the amount of the annual assessment is to be voted upon at such meeting.
(3) The annual assessment shall be for the fiscal year beginning in January and ending in December, and shall be fixed and levied at the annual meeting in November of each year prior to the due date of said assessment.
It will be the duty of the Association to notify all owners whose address is listed with the Association on or before that date, giving the amount of the assessment on each tract of land owned by them, and the date when such assessment is due. Failure of the Association to levy the assessment prior to January 1 of each year shall not invalidate any such assessment made for that particular year; nor shall failure to levy an assessment for any one (1) year affect the right of the Association to do so for any subsequent year. Failure to receive said Notice shall not relieve the owner of liability for the payment of any assessment together with penalties. All assessments shall be made annually.
(4) All assessments shall be due and payable on January 1st of each year. In the event of the failure of any owner to pay the assessment on or before the first day of February following the making of such assessment, then the Association may impose a penalty of twenty (20) percent of the yearly assessment. In addition such assessment shall bear interest at the legal rate, but in no event less than nine percent (9%) per annum, from the first day of January. In the event it becomes necessary for the Association to retain the services of an attorney in connection with the collection of any assessment, the Association shall be entitled to reimbursement for all attorney’s fees, court costs and penalties incurred.
(5) All assessments, together with any penalties, shall be the personal obligation of the property owner, and shall constitute a continuing lien on the lot upon which said assessment is imposed. Collection of assessments and penalties may be enforced by:
Lawsuit against the owner personally obligated for the assessment; or
Lawsuit to foreclose the lien against the lot upon which the assessment is imposed.
SECTION IV. LIEN ON REAL ESTATE
(1) The assessment shall become a lien on 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 to the lien of any valid first mortgage on said real estate securing the payment of a loan which is insured or guaranteed by an agency of the United States government.
(2) On or after February 1st of each year, the assessment shall become delinquent and payment of both principal and interest, as well as attorney’s fees, costs and penalties may be enforced as a lien on said real estate, or in proceedings in any Court in Clay County, Missouri 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. The Association may, at its discretion, file a certificate of non-payment of assessments in the Office of the Recorder of Deeds whenever any such assessment is delinquent. For each certificate so filed, the Association shall be entitled to collect from the owner or owners of the property described therein, all attorney’s fees, recording fees, expenses, interest and penalties, which fees are hereby declared to be a lien upon the real estate so described in said certificate. Such lien shall be inferior and subordinate to the lien on any valid first mortgage existing on the property. 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 until payment in full thereof, or until the sale of the property.
SECTION V. EXPENDITURES LIMITED TO ASSESSMENTS FOR CURRENT YEAR
The Association shall at no time expend more money within any one year than the total amount of the assessment for that particular year, or any surplus which it may have on hand from previous assessments. The Association shall not enter into any contract binding the assessment of any future year to pay for any such obligation. It is the intention of the Association that the assessment for each year shall be applied as far as practicable toward payment of the obligations of that year, and that the Association shall have no power to make a contract affecting the assessment of any future or subsequent year, except for utilities.
SECTION VI. ASSOCIATION TO NOTIFY MEMBERS OF ADDRESS
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, the place where payments shall be made and the place any other business in connection with said Association may be transacted.
SECTION VII. TO OBSERVE ALL LAWS
The Association shall, at all times, observe all State, County, City and other laws, and, if at any time, the provisions of this Declaration shall be found to be in conflict with any of said laws, then such parts of this Declaration as are in conflict shall become null and void. The Association shall have the right to make reasonable rules and regulations, and provide means and employ such agents as will enable it to adequately and properly carry out the provisions of this Declaration.
SECTION VIII. TERMINATION OF DECLARATION
This Declaration may be terminated and all of the land now or hereafter affected may be released from all of the terms and provisions hereof by the owners of two-thirds (2/3) of the area then subject thereto executing an agreement for that purpose, and filing same for record in the office of the Recorder of Deeds of Clay County, Missouri.
SECTION IX. 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 all property owners, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.