DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BLUFFS HOMES ASSOCIATION

 This Declaration, made on the date hereinafter set forth by the Bluffs Development Corporation, a Missouri corporation, hereinafter referred to as “Declarant”.

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Parkville, County of Platte, State of Missouri, which is more particularly described as: THE BLUFFS, First Plat, a subdivision of land in Section 35, Township 51, Range 34, Platte County, Missouri.

 NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, total or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

Section 1: “Association” shall mean and refer to The Bluffs Homes Association, a not for profit Corporation and its Board of Directors.

Section 2: “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3: “Properties” shall mean and refer to that certain real property herein before described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 4: “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners.

 Section 5: “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area.

 Section 6: “Declarant” shall mean and refer to The Bluffs Development Corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

Section 7: “Dwelling Unit” shall mean a building or part thereof designed for occupancy of a single family.

ARTICLE II

PROPERTY RIGHTS

Section 1. Owners’ Easements of Enjoyment

Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

  1. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
  2. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
  3. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two‐ thirds (2/3) of the members agreeing to such dedication or transfer has been recorded.

Section 2. Delegation of Use.
Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

 Section 1. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. The Association shall have two classes of voting membership:

Class A. Class A members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot or completed dwelling unit. When more than one person holds an interest in any lot or dwelling unit, all such persons shall be members. The vote for such Lot or dwelling unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot or dwelling unit.

Class B. The Class B member(s) shall be the declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening or either of the following events, whichever occurs earlier:

A.    When the total votes outstanding in Class A membership equal the total votes outstanding in the Class B membership, or

B.    On January 1, 1995.

ARTICLE IV


COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments, together with interest, costs, and reasonable attorney’s fees, shall 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 attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

Section 2. Purpose of Assessments.
Not less than one half (1/2) of the annual assessments levied by the Association shall be used exclusively for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, replacement or maintenance of improvements upon the Common Area, including fixtures and personal property related thereto, and establishment of a reserve fund for the improvement, maintenance and replacement of improvements situated upon the Properties and for payment of taxes upon such Common Areas. The balance of such annual assessments shall be available to the association to defray other reasonable and necessary costs as determined by the Board of Directors.

Section 3. Maximum Annual Assessment.
Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be one-hundred and fifty dollars ($150.00) per Lot upon which there is located a completed house and 50% of any such assessment on any vacant Lot or acreage tract.

A.    From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by a vote of two-thirds (2/3) of the owners of lots who are voting in person or by proxy, at a meeting duly called for this purpose.

 B.    The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

Section 4. Notice and Quorum for Any Date of Commencement of Annual Action Authorized
Under Sections 3 and 6.
Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 6 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all the votes of each class of membership shall constitute a quorum. It the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one‐half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. 

Section 5. Assessments: Due Dates.
The annual assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at a uniform rate for all Lots and tracts at least thirty (30) days in advance of each annual assessment period. Notice of the annual assessment shall be sent to every owner subject thereto and may be delivered in writing, via regular mail or via electronic means. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.

Section 6. Exterior Maintenance.
In the event an owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two‐ thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become a special assessment on such Lot which shall be enforceable as provided in Section 8.

Section 7. Sanitary Sewer Maintenance and Assessment of Expense.
The Association Board of Directors is authorized to enter into maintenance contracts, purchase materials, pay for labor and machine hire to repair and maintain sanitary sewer line used by more than one dwelling, and sewer life pumps whether individual or jointly used, which are located on easements on the property but not a part of any public or Municipal sewer system. The cost of reasonable repair and maintenance of such sanitary sewer service lines and life pumps shall be shared by the Owners who make use of the facilities in proportion to such use by special assessment which shall be enforceable as provided in Section 8.

 Section 8. Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) annum. The Association may bring action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non‐use of the Common Area of abandonment of his Lot.

Section 9. Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the said or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due from the lien thereof.

Section 10. Exempt Property.
All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non‐profit organization exempt from taxation by the laws of the State of Missouri shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.

 Section 11. Notice to Mortgagees.
A first mortgagee at his request is entitled to written notification of any default by the mortgagor of such unit in the performance of such mortgagor’s obligations under this declarative document, which is not cured within thirty (30) days.

Section 12. Rights of Mortgagees.
Unless at least 75% of the first mortgagees (based upon one vote for each first mortgage) of individual units in THE BLUFFS have given their prior written approval, the Association shall not be entitled to:

  1. By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer real estate of improvements thereon which are owned, directly or indirectly, by such Association for the benefit of the Lots in the Properties. The granting of easements for public utilities or for other public purposes consistent with the intended use of such property by the Association shall not be deemed a transfer within the meaning of this clause;
  2. Change the method of determining the obligations, assessments, dues or other charges, which may be levied against a lot owner;
  3. By act or omission change, waive or abandon any scheme of regulation or enforcement thereof, pertaining to the architectural design or the exterior appearance of units, the maintenance and upkeep of the Common Areas.

Section 13.
First mortgagees shall have the right to examine the books and records of The Bluffs Homes Association.

 

Section 14.
First mortgagees of units in the Properties may, jointly or singly, pay taxes or other charges which are in default and which may have become a charge against any Association common property and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association.

ARTICLE V

GENERAL PROVISIONS

Section 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. 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 any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.

Section 3. Amendment.
The covenants and restrictions of the Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time then shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) years period by an instrument signed by not less the ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded.

Section 4. Annexation.

  1. Additional land in Section 35, Township 51, Range 34, Platte County, Missouri may be annexed by the Declarant without the consent of members within ten (10) years of the date of this instrument.
  2. Other additional residential property and Common Area may be annexed to the properties with the consent of two‐ thirds (2/3) of each class of members. 

IN WITNESS THEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 28th day of October 1976.
Recorded: November 8, 1976, Platte County Missouri (Document 20310).

Revised following an amendment vote: December 2023.

DECLARATION OF PROTECTIVE COVENANTS

WHEREAS, THE BLUFFS REALTY CORPORATION, a Missouri corporation, is now the owner of all property platted as the BLUFFS THIRD PLAT, a subdivision in Parkville, Platte County, Missouri, according to the recorded plat thereof, and now desire to place certain protective restrictions and reservations on all said property, for the use and benefit of the present owner, and for its future grantees, heirs, successors and assigns:

NOW, THEREFORE, in consideration of the premises, the said THE BLUFFS REALTY CORPORATION, for itself, its successors and assigns, and its future grantees, does hereby declare that all of said land shall be and is hereby restricted as to its use in the manner hereinafter set forth:

  1. IN ORDER TO PRESERVE THE FOREST CHARACTER OF THE BLUFFS, no trees on any lot or tract in excess of two (2) inches in diameter, measured at a point three (3) feet above the ground level, shall be cut or in any way damaged without prior WRITTEN permission of the BLUFFS REALTY CORPORATION or its designated successor in interest specifically granted said power as provided in Paragraph 17. In addition to the remedies in Paragraph 17 of this declaration of protective covenants, it is stipulated that each and every breach shall be considered as liquidated damages collectible by THE BLUFFS HOMES ASSOCIATION, IN THE AMOUNT OF One Hundred Dollars ($100.00) for each tree which any person causes or allows to be damaged or cut in violation of the above restrictions. Such damages shall be used by THE BLUFFS HOMES ASSOCIATION for reforestation of the damaged areas and for no other purpose and the right to go upon all land covered by these covenants is reserved for such purpose. Any areas disturbed during construction shall be sodded, seeded or planted with ground cover within nine months and maintained thereafter.
  2. NO CONSTRUCTION EQUIPMENT shall be operated beyond the immediate building area at any time without WRITTEN permission of THE BLUFFS REALTY CORPORATION, or its successors and assigns. All trees to be removed within said area must be removed in such a manner so as not to damage adjoining trees, either by topping or pushing away from any adjacent trees into open area. ALL CONSTRUCTION, including evacuation or disturbance of natural ground cover, shall be performed so as to minimize soil erosion.
  3. NO LOTS OR TRACTS shall be used except for residential purposes. No trailer, basement, tent, shack, garage, or any outbuilding shall at any time be used as a residence, temporarily or permanent; nor shall any resident of a temporary character be permitted.
  4. LEASING RESTRICTION

A.    Application. Before renting any residence in the subdivision for any length of time, the unit owner must submit a request in writing to the Directors and state the reasons for seeking permission to rent the living unit, the length of time requested for such rental and the steps undertaken by the owner to either sell the living unit or otherwise cause it again to be occupied by an owner.

Owners seeking permission to lease must cause a true copy of the proposed lease to be sent to Directors at least 60 days prior to the proposed starting date. Directors must approve or deny the proposed lease within 30 days after receiving it or the lease will be deemed approved.

Failure to seek approval or leasing after disapproval will give the Association immediate rights to seek. eviction of the tenant, plus an action for all costs and damages, including but not limited to attorney fees, and administrative fees of the Association against the owner. Any sum found due and owing to the Association in such an action will immediately become a lien against the property under the same terms and conditions as those set forth in the Declaration.

Upon failure by the tenant or the unit owner to abide by rules and regulations of the Association including its Restrictions, the Association may, at the discretion of the Directors, terminate the lease.

 Appeals must be received in writing by the Board of Directors within seven days of the written notice to the unit owner. Once an appeal is received, the Directors will schedule a hearing no later than 14 days to review the matter with the unit owner. If the Directors do not schedule a hearing within 14 days as required, the matter may be considered dropped. The Directors' decision on the appeal is final. If the appeal is rejected, the termination notice becomes effective five days following written notification to the unit owner.

 B.    Hardship. If an owner for hardship reasons must lease the living unit without an intention to sell the unit, the unit owner may apply for a hardship waiver in the following manner:

a.     The unit owner must submit a request for a hardship waiver, setting forth the reasons why he is entitled to the same.

b.     If based on the data supplied to the Directors by the unit owner, the Directors, in their sole discretion, find that a reasonable hardship exists, the Directors may grant a waiver. Any lease entered shall be in writing and for a period of one year.

c.     In the event unit owner has been granted hardship status, they must re-apply within 30 days of the expiration of each hardship period to request an extension.

d.     All items in paragraph 1 of this Resolution are applicable to this section.

C.     Relatives. Occupancy of a unit by a blood relative(s) of a unit owner without the unit owner being a resident, shall not constitute a lease as defined under this Resolution, even if a written memorandum or agreement has been executed between the parties.

a.     A blood relative is defined as a grandparent, parent, child (natural or adopted), grandchild or sibling of a unit owner. 

b.     Proof of relationship may be required to the Directors at the time the roster of owners is updated.

c.     All of the items in paragraph 1 of this section are applicable even though this is not considered a lease arrangement.

D.    Rules and Regulations. Any living unit being leased out in violation of this Resolution or the Amended Restrictions or any Rules and Regulations adopted by the Association may be subject to a flat or daily fine to be determined by the Directors upon notice and an opportunity to be heard.

E.     Current Leases. Any owner currently leasing a living unit as of the date of the Amended Restrictions is recorded may continue to lease the living unit for as long as they own the living unit.

F.     Home Sharing. Defined as short term home rental for a fee, Home Sharing is strictly prohibited unless the owner is present for the majority of the period of sharing. (i.e. "Room Sharing") The rules herein regarding application before the Board are waived for Room Sharing, but all other rules and regulations pertaining to the Covenants will be strictly enforced.

  1. NO CONSTRUCTION shall be started on any building, nor shall any building be moved upon any lot, until the COMPLETE PLANS, SPECIFICATION, ELEVATIONS and LOCATION ON THE LOT have been submitted to and approved in writing by THE BLUFFS REALTY CORPORATION, or its successor in interest specifically granted said power as provided in Paragraph 17.
  2. NO ONE STORY or one and one‐half story single family residence shall contain less than 1800 square feet of living area on the main floor level of such residence, exclusive of garages, breezeways, and similar portions of such residence. For this purpose areas with 27 inches or less between levels will be counted as one level. Two story or split level (having more than 27 inches between levels) single family residences shall contain at least 1200 square feet of living area as defined in the preceding sentence, on the main floor level and at least 800 square feet of living area on the second level.
  3. ALL WOOD EXTERIORS, except roofs, shall be covered with paint, sealer or stain. No building shall be permitted to stand with its exterior in an unfinished condition for longer than five (5) months after commencement of construction. In the event of fire, windstorm or other damage, no building shall be permitted to remain in such damaged condition longer than three (3) months.
  4. EACH RESIDENCE SHALL HAVE OFF‐STREET PARKING places for at least four automobiles. All parking areas and driveways shall be completed with a dust free surface.
  5. NO LUMBER, METALS, BULK MATERIALS, FUEL TANKS, REFUSE OR TRASH shall be kept, stored or allowed to accumulate on any lot, except that lumber and other building materials may be kept thereon during the course of construction of any approved structure for immediate use in such work of construction.
  6. THE LAND BETWEEN ANY STRUCTURE and the front street line shall be used solely for lawn and residence purposes, driveways and walks. No fences of any kind may be erected on or around any lot or tract without the prior express WRITTEN approval of THE BLUFFS REALTY CORPORATION, or its designated successor in interest as provided for in Paragraph 4 hereof, of the plan, type and color of such fence or enclosure and its location, and in no event shall fences be approved more than fifty feet from a residence other than at the perimeter of the subdivision. Notwithstanding any of the provisions of this paragraph, THE BLUFFS REALTY CORPORATION, or such designated successor is authorized to construct such structures as it may deem necessary or desirable to beautify the area, which may include fountains, art works, entrance gates, gardens and signs.
  7. EASEMENTS FOR INSTALLATION AND MAINTENANCE of utilities and drainage facilities are reserved as shown on the recorded plat, or as reflected in the records of the Recorder of Deed of Platte County, Missouri. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard drainage channels in the easements. The easement area of each lot or tract and all improvements in it shall be maintained continuously by the owner of the lot or tract, except for those improvements for which a public authority or utility company is responsible.
  8. NO BUSINESS STRUCTURE shall be erected on the land herein described. Home offices for the use of occupants of the residence on a Lot shall be permitted, provided that such use is not discernible from outside the residence and that public, customers, clients, patients or other business invitees or guests are not received there for business or commercial purposes other than on an incidental basis provided that the occupants do not have any employees who come to the residence. Limited exceptions to this policy may be made by the Board, as a whole, on a case-by-case basis, upon notification by a resident.
  9. NO SIGN, BILLBOARD, OR ADVERTISING STRUCTURE of any kind shall be constructed or maintained upon any lot, nor shall same be displayed to the public view except that Declarants reserve the right to locate, construct, or move on to any lot in THE BLUFFS THIRD PLAT a temporary real estate office to be used as such by the DECLARANTS or its agents in the sale of the property in said subdivision and to erect signs of any size for real estate purposes. No signs shall be erected or placed upon any lot for resale purposes. 
  10. NO ANIMALS, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets, not exceeding two animals may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
  11. NO TRUCK (except non-commercial pickup trucks) or commercial vehicle shall be habitually parked, left, or stored on any Lot or street for more than sixteen (16) hours in any 24-hour period. No vehicle in inoperable or unlicensed condition; or, trailer, mobile home, bus, van, camper, recreational vehicle, boat, boat trailer, or other mobile apparatus of any nature or kind whatsoever (other than personal automobiles) may be habitually parked on any Lot or street for more than a fourteen (14) day period except in an enclosed garage. Motorized vehicles shall not be operated on any Common Area, other than in the street. Limited exceptions to this policy may be made by the Board as a whole on a case- by-case basis, upon notification by a resident.
  12. EACH OF THE RESTRICTIONS above set forth shall continue and be binding upon the undersigned and upon their grantees, successors and assigns until January 1, 1995, and shall automatically be continued thereafter for successive periods of ten (10) years each; provided, however, that the owners of the fee simple title to the majority of the lots of the land herein described may release all of the lands hereby restricted from any one or more of said restrictions on January 1, 1995, or at the end of any successive ten (10) year period thereafter by executing and acknowledging an appropriate agreement or agreements in writing for such purposes and filing the same for record not later than January 1, 1994, or at least one (1) year prior to the end of said successive ten(10) year period thereafter.
  13. THE PROTECTIVE COVENANTS herein set forth shall run with the land, and bind THE BLUFFS REALTY CORPORATION, its successors and assigns, and all parties claiming by through or under it, shall be taken to hold, agree and covenant with THE BLUFFS REALTY CORPORATION, its successors and assigns, and with each of them to conform to, and observe said restrictions as to the use of said land, and the constructions of improvements thereon, 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 assigns of, or title to, said land, and the owner/owners of any of the above land shall have the right to sue for, and obtain an injunction, prohibitive or mandatory, to prevent breach of, or to enforce action for damages. The failure of THE BLUFFS REALTY CORPORATION, or the owner or owners of any said land, to enforce any of the restrictions above 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. THE BLUFFS REALTY CORPORATION may assign any powers under these covenants only by written instrument filed with the Recorder of Deed office, Platte County, Missouri, specifically conveying such powers.