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SHANNON VALLEYHOMES ASSOCIATION
BY - LAWS and DECLARATION OF RESTRICTIONS AND
HOMES ASSOCIATION DECLARATION
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BY - LAWS
ARTICLE I Name and Location
1.1. Name.
The name of the corporation is Shannon Valley Homes Association.
1.2. Location.
The principal office shall be located at 7900 West 99th Street,
Overland Park, Kansas 66212. There may be such other offices
within the State of Kansas as from time to time authorized by
the Board of Directors. Meetings of the members and directors
shall be held at the principal office or such other place as
the Board of Directors shall designate. Until the Board otherwise
directs, the registered office shall be the same as the principal
office.
ARTICLE II Definitions
2.1. "Association" shall mean and refer to Shannon
Valley Homes Association, a not for profit corporation organized
and existing under the laws of the State of Kansas, and its
successors and assigns.
2.2. "Properties" shall mean and refer to that certain
real property described in the Declaration, as defined in Paragraph
2.8 below, and such other additions thereto as may hereafter
be brought within the jurisdiction of the Association.
2.3. "Common Area" shall mean all real property owned
by the Association for the common use and enjoyment of the Owners.
2.4. "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.
2.5. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the 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.
2.6. "Declarant" shall mean and refer to Shannon
Valley Developments, a joint venture existing under the laws
of the State of Kansas, its successors and assigns.
2.7. "Restrictions" shall mean and refer to the Declaration
of Restrictions dated August 18, 1977 and recorded August 18,
1977 in the Office of the Register of Dees, Johnson County,
Kansas in Volume 1248 at Page 283 as amended by Amendment No.
1 dated March 15, 1979 and recorded March 28, 1979 in Volume
1442 at Page 979 as further amended by Amendment No. 2 dated
June 20, 1979 and recorded June 26, 1979 in Volume 1476 at page
596 and any amendments thereto.
2.8. "Declaration" shall mean and refer to the homes
Association Declaration of Shannon Valley Estates dated August
18, 1977 and recorded September 16, 1977 in the Office of the
Register of Deeds, Johnson County, Kansas in Volume 1259 at
Page 92 as amended by Amendment No. 1 dated March 15, 1979 recorded
March 28, 1979 in Volume 1442 at Page 986 as further amended
by Amendment No. 2 dated June 20, 1979 and recorded June 26,
1979 in Volume 1476 at Page 599 and any amendments thereto.
2.9. "Member" or "Membership" shall mean
and refer to those persons who are Owners of Lots.
ARTICLE III Members and Meetings
3.1. Classes of Membership. The Association shall have two
classes of voting Membership, as follows:
(a) Class A. Class A Members shall all be Owners, with the exception
of Declarant, and shall be entitled to one (1) vote for each
Lot owned. When more than one person holds an interest in any
Lot, all such persons shall be Members. The vote for such Lot
shall be exercised as they determine, but in no event shall
more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Class B Member shall be the Declarant and shall
be entitled to the (10) votes for each Lot owned.
3.2. Annual Meetings. The annual meeting of the Membership
for the purpose of electing directors and for the transaction
of such other business as may come before the meeting, shall
be held on the third Tuesday of the second full calendar month
following the close of the fiscal year, but if said day shall
be a legal holiday, such meeting shall be held on the next succeeding
business day.
3.3. Special Meetings. Special meetings of the Members may
be called at any time by the President or by the Board of Directors,
or upon written request of the members who are entitled to vote
one-fourth (1/4) of all the votes of the Class A membership.
3.4. Notice of Meetings. Written notice of each meeting of
the Members shall be given by, or at the direction of, the Secretary
or person authorized to call the meeting, by mailing a copy
of such notice, postage prepaid, at least fifteen (15) days
before such meeting to each Member entitled to vote, addressed
to the Member's address last appearing on the books of the Association,
or supplied by such Member to the Association for the purpose
of notice. Such notice shall specify the place, day and hour
of the meeting, and in the case of a special meeting, the purpose
of the meeting.
3.5. Quorum. The presence at the meeting of ten (10) Class
A Members entitled to cast, or of proxies entitled to cast,
ten (10) votes shall constitute a quorum for any action except
as otherwise provided in the Articles of Incorporation, the
Restrictions, the Declaration, or these By-Laws. If, however,
such quorum shall not be present or represented at any meeting,
the Members entitled to vote shall have power to adjourn the
meeting from time to time, without notice other than announcement
at the meeting, untiul a quorum as aforesaid shall be present
or be represented.
3.6. Proxies. At all meetings of Members, each Member may vote
in person or by proxy. All proxies shall be in writing and filed
with the Secretary. Every proxy shall be revocable and shall
automatically cease upon conveyance by the Member of his Lot.
ARTICLE IV Board of Directors: Selection: Term of Office
4.1. Number. The affairs of this Association shall be managed
by a Board of five (5) directors, who need not be Members of
the Association (hereinafter sometimes referred to as the "Board
of Directors" or the "Board").
4.2. Initial Board. The incorporator, in addition to other
powers conferred upon him by law, shall name the persons who
shall constitute the first Board of Directors to serve until
the first annual meeting of the Members and until their successors
have been duly elected and qualified.
4.3. Term of Office. At the first annual meeting the Members
shall elect two (2) directors for a term of one (1) year and
three (3) directors for a term of two (2) years. At successive
annual meetings, the Membership shall alternate between electing
three (3) directors and two (2) directors as the expiration
of terms shall occur and all such directors shall be elected
for a term of two (2) years of until their successors are elected
and qualified.
4.4. Removal. Any director may be removed from the Board, with
or without cause, by a majority vote of the Members of the Association.
In the event of death, resignation or removal of a director,
a successor shall be selected by the remaining Members of the
Board and shall serve for the unexpired term of the predecessor.
4.5. Compensation. No director shall receive compensation for
any services rendered to the Association. However, any director
may be reimbursed for actual expenses incurred in the performance
of duties.
4.6. Action Taken Without a Meeting. The directors shall have
the right to take any action in the absence of a meeting which
they could take at a meeting by obtaining the written approval
of all the directors. Any action so approved shall have the
same effect as though taken at a meeting of the directors.
ARTICLE V Nomination and Election of Directors
5.1. Nomination. Nomination for election to the Board of Directors
shall be made by a Nominating Committee. Nominations may also
be made from the floor at the annual meeting. The Nominating
Committee shall consist of a Chairman, who shall be a member
of the Board of Directors, and two or more Members of the Association.
The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the Members, to serve
from the close of such annual appointment shall be announced
at each annual meeting. The Nominating Committee shall make
as many nominations for election to the Board of Directors as
it shall in its discretion determine, but not less than the
number of vacancies that are to be filled. Such nominations
may be made from among Members or non-members.
5.2. Election. Election to the Board of Directors shall be
by secret written ballot. At such election the Members or their
proxies may cast, in respect to each vacancy, as many votes
as they are entitled to exercise under the provisions of the
paragraph 3.1, supra. The persons receiving the largest number
of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI Meetings of Directors
6.1. Annual Meeting. The Board of Directors shall hold an annual
meeting immediately after the annual meeting of the Members
and at the same place.
6.2. Special Meetings. Special meetings of the Board of Directors
shall be held when called by the President of the Association,
or by any two directors, after not less than three (3) day notice
to each director.
6.3. Quorum. A majority of the number of directors shall constitute
a quorum for the transaction of business. Every act or decision
done or made by a majority of the directors present at a duly
held meeting at which a quorum is present shall be regarded
as the act of the Board.
ARTICLE VII Powers and Duties of the Board of Directors
7.1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations governing the use
of the Common Area and facilities, and the personal conduct
of the Members and their guests thereon, and to establish penalties
for the infraction thereof;
(b) suspend the voting rights and right to use of the recreational
facilities of a Member during any period in which such Member
shall be in default in the payment of any assessment levied
by the Association. Such rights may also be suspended after
notice and hearing, for a period not to exceed sixty (60) days
for infraction of published rules and regulations;
(c) exercise for the Association all powers, duties and authority
vested in or delegated to this Association and not reserved
to the Membership by other provisions of these By-Laws, the
Articles of Incorporation, the Restrictions of the Declaration;
(d) declare the office of a member of the Board of Directors
to be vacant in the event such member shall be absent from three
(3) consecutive meetings of the Board of Directors; and
(e) employ a manager, an independent contractor, or such other
employees as they deem necessary, and to prescribe their duties.
7.2. Duties. It shall be the duty of the Board of Directors
to:
(a) cause to be kept a complete record of all its acts and corporate
affairs and to present a statement thereof to the Members at
the annual meeting of the Members, or at any special meeting
when such statement is requested in writing by one-fourth (1/4)
of the Class A Members who are entitled to vote;
(b) supervise all officers, agents and employees of this Association,
and to see that their duties are properly performed;
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment or assessments against
each Lot at least thirty (30) days in advance of each annual
assessment period;
(2) send written notice of each assessment to every Owner subject
thereto at least thirty (30) days in advance of each annual
assessment period; and
(3) foreclose the lien against any property for which assessments
are not paid within thirty (30) days after due date or to bring
an action at law against the Owner personally obligated to pay
the same;
(d) issue, or to cause an appropriate officer to issue, upon
demand by any person, a certificate setting forth whether or
mot any assessment has been paid, A reasonable charge may be
made by the Board for the issuance of these certificates. If
a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard insurance
on property owned by the Association;
(f) cause all officers or employees having fiscal responsibilities
to be bonded, as it may deem appropriate;
(g) cause the Common Area to be maintained.
ARTICLE VIII Officers and Their Duties
8.1. Enumeration of Offices. The offices of this Association
shall be a President and Vice President, who shall at all times
be members of the Board of Directors, a Secretary, and a Treasurer,
and such other officers as the Board may from time to time by
resolution create.
8.2. Election of Officers. The election of officers shall take
place at the first meeting of the Board of Directors following
each annual meeting of the Members.
8.3. Term. The officers of this Association shall be elected
annually by the Board and each shall hold office for one (1)
year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
8.4. Special Appointments. The Board may elect such other officers
as the affairs of the Association may require, each of whom
shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time, determine.
8.5. Resignation and Removal. Any officer may be removed from
office with or without cause by the Board. Any officer may resign
at any time giving written notice to the Board, the President
or the Secretary. Such resignation shall take effect on the
date of the receipt of such notice or at any later time specified
therein, and unless otherwise specified therein, the acceptance
of such resignation shall not be necessary to make it effective.
8.6. Vacancies. A vacancy in any office may be filled by appointment
by the Board. The officer appointed to such vacancy shall serve
for the remainder of the term of the officer he replaces.
8.7. Multiple Offices. The offices of Secretary and Treasurer
may be held by the same person. No person shall simultaneously
hold more than one of any of the other offices except in the
case of special offices created pursuant to paragraph 8.4 of
this Article.
8.8 Duties. The duties of the officers are as follows:(a) President.
The President shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board
are carried out; shall sign all leases, mortgages, deeds and
other written instruments and shall co-sign all checks and promissory
notes.
(b) Vice-President. The Vice-President shall act in the place
and stead of the President in the event of his absence, inability
or refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Board. (c) Secretary.
The Secretary shall record the votes and keep the minutes of
all meetings and proceedings of the Board and of the Members;
keep the corporate seal of the Association and affix it on all
of the papers requiring said seal; serve notice of meetings
of the Board and of the Members; keep appropriate current records
showing the Members of the Association together with their address,
and shall perform such other duties as required by the Board.
(d) Treasurer. The Treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse
such funds as directed by resolution of the Board of Directors,
provided, however that a resolution of the Board of Directors
shall not be necessary for disbursements made in the ordinary
course of business conducted within the limits of a budget adopted
by the Board; shall sign all checks and promissory notes of
the Association; keep proper books of account; cause an annual
audit of the Association books to be made by a public accountant
at the completion of each fiscal year; and shall prepare an
annual budget and a statement of income and expenditures to
be presented to the Membership at its regular annual meeting,
and deliver a copy of each to the Members.
ARTICLE IX
The Board of Directors, in addition to any other committees
required by the Declaration or these by-Laws, may establish
other committees, including without limitation, an Architectural
Control Committee, an Executive Committee, a Park and Maintenance
Committee, a Zoning and Restriction Committee, a Security and
Safety Committee, a Public Relations Committee, and a Social
and Welcoming Committee. The President shall be an ex-officio
member of each committee. Such committees shall exercise those
powers delegated to them by resolution of the Board of Directors.
The committees shall keep regular minutes of the proceedings
and shall report the same to the regular meetings of the Board
of Directors or at other times as may be required by the Board.
ARTICLE X Indemnification of Officers and Directors
Each director and officer of the Association and each former
director and former officer of the Association shall be held
harmless and indemnified by the Association against all cost
and expense including legal fees actually and necessarily incurred
by the director of officer of imposed in connection with the
defense of, and against all liabilities arising out of, any
action, suit, or proceeding in which he or she is made a party
by reason of being or having been a director or officer of the
Association, except in relation to matters as to which he or
she shall be adjudged in such action, suit, or proceeding, without
such judgment being reversed, to have been, liable for misconduct
in performance of his or her duties, In the event of the settlement
of any such action, suit, or proceeding prior to final judgment,
the Association shall also make reimbursement or payment of
the cost, expense, and amount paid or to be paid in settling
any such action, suit, or proceeding, when such settlement appears,
to a majority of the directors who are not involved, to be in
the interest of the Association, Such indemnification shall
be deemed exculusive of any rights to which those indemnified
hereby may be entitled under any agreement or otherwise.
ARTICLE XI Books and Records
The books, records and papers of the Association shall at all
times, during reasonable business hours, be subject to inspection
by any Member. The Restrictions, the Declaration, the Articles
of Incorporation and the By-Laws of the Association shall be
available for inspection by any Member at the principal office
of the Association, where copies may be purchased at reasonable
costs.
ARTICLE XII Assessments
As more fully provided in the Declaration, each Member is obligated
to pay to the Association annual and special assessments which
are secured by a continuing lien upon the property against which
the assessment is made. Any assessments which are not paid when
due shall be delinquent. If the assessment is not paid within
thirty (30) days after the due date, the assessment shall bear
interest from the date of delinquency at the rate of eight percent
(8%) per annum, and the Association may bring an action at law
against the Owner against the property, and interest, costs,
and reasonable attorneys' fees of any such action shall be added
to the amount of such assessment. No Owner may waive or otherwise
escape liability for the assessment provided for herein by nonuse
of the Common Area or abandonment of his Lot.
ARTICLE XIII Corporate Seal
The Association shall have a seal in circular form having within
its circumference the words: Shannon Valley Homes Association.
ARTICLE XIV Amendments
14.1. These by-Laws may be amended, at a regular or special
meeting of the Members, by a vote of two-thirds (2/3) of a quorum
of Members present in person or by proxy.
14.2. In the case of any conflict between the Articles of Incorporation
and these By-Laws, the Articles shall control; and in the case
of any conflict between the Declaration and these By-Laws, the
Declaration shall control.
ARTICLE XV Fiscal Year
The fiscal year of the Association shall begin on the first
day of January and end on the 31st day of December of every
year, except that the first fiscal year shall begin on the date
of incorporation.
AMENDMENTS TO ARTICLES
IN WITNESS WHERE OF, Roy H. Farchmin, being the sole incorporator
of Shannon Valley Homes Association, has hereunto set his hand
this 30th day of April, 1980. PROPOSED AMENDMENT TO ARTICLE
IV, SECTION 4.3 (APPROVED 2/88)Members of the Board of Directors
shall be elected annually at the General Meeting for a term
of fourteen months; serving the last two (2) months of this
term as non-voting advisors to the newly-elected members of
the Board.
PROPOSED AMENDMENT TO ARTICLE III, SECTION 3.3 (APPROVED 2/89)The
annual meeting of the Membership for the purpose of electing
Directors and for the transaction of such other business as
may come before the meeting, shall be held in the 2nd week of
the month of November, The day selected for the meeting shall
not be a legal Holiday.
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SHANNON VALLEY DECLARATION OF RESTRICTIONS
AND
HOMES ASSOCIATION DECLARATION
Declaration of Restrictions to Shannon Valley Estates
Section 1. Use of Land.
The property shall be occupied and used for single-family residence
purposes only; provided, however, this restriction shall not
prevent Shannon Valley Developments or others authorized by
its from erecting temporary buildings and using such temporary
buildings or residences for offices, sales and storage purposes
during the development of said tract.
Section 2. Minimum Size of Residence.
The floor area of the main structure of any residence, exclusive
of porches, garages and basement areas, finished or unfinished,
shall not be less than 1200 square feet for a one-story residence;
1600 square feet for a two-story residence or split-level residence;
or 1500 square feet for a one and one-half story residence with
at least 1100 square feet being on the first floor.
Section 3. Approval of Plans.
Before construction is commenced, the builder shall submit
the plans, specifications and floor plans showing location of
dwelling with respect to topography and finished ground elevation
for each structure to Shannon Valley Developments, and no construction
shall commence until said plans have been approved by Shannon
Valley Developments. A copy of such plans showing said approval
shall remain on file with Shannon Valley Developments.
Section 4. Permitted Height of Residences.
No residence erected on any of said lots shall be more than
two stories in height, unless consented to in writing by Shannon
Valley Developments.
Section 5. Setbacks and Projections.
No building or part thereof, exclusive of porches, porticoes,
stoops, balconies, bay and other windows, caves, chimneys, and
similar projections, shall be nearer the street line than the
building set back lines shown on said plat. Shannon Valley Developments
must consent to any projection more than 4 feet beyond the building
line.
Shannon Valley Developments reserves the right to alter and
amend the set back lines and side line restrictions of specific
lots (but not to exceed 5 feet), from time to time, by filling
an appropriate instrument in writing in the Office of the Register
of Deeds of Johnson County, Kansas.
Section 6. Air Conditioners.
No air conditioning apparatus or unsightly projections shall
be attached or affixed to the front of any residence.
Section 7. Fencing
No fence may be erected without the prior written consent of
Shannon Valley Developments.
Section 8. Offensive Activities.
No noxious or offensive activities shall be carried on upon
any lot, nor shall anything be done thereon which may be or
may become any annoyance to the neighborhood.
Section 9. Outbuildings.
Except as herein provided, no structure of a temporary character,
basement, tent, shack, garage, barn or other out-buildings shall
be erected on any tract, or used for residence purposes, either
temporarily of permanently.
Section 10. Livestock and Poultry
No animals, livestock or poultry of any kind shall b e raised,
bred or kept on any lots, except dogs, cats or other household
pets may be kept, provided they are not kept, bred or maintained
for any commercial purpose, and do not constitute an nuisance
to the neighborhood. Any greenhouses shall be in the rear of
the house.
Section 11. Trucks, Trailers, Buses, Campers, Boats.
No vehicle, truck, trailer, bus, campers, boat or other apparatus,
except passenger automobiles, shall be left or stored on said
property, except in an enclosed garage.
Section 12. Television or Radio Antenna.
No television or radio antenna or aerial shall be placed on
the exterior of any structure or constructed separately, without
the consent of Shannon Valley Developments. No lights or other
illumination shall be higher than the house on any lot covered
by these restrictions without the consent of Shannon Valley
Developments.
Section 13. Foundations.
All exterior basement foundations and walls which are exposed
in excess of twelve inches (12") above final grade level
shall be pained the same color as the house, or covered with
siding compatible with the structure.
Section 14. Oil Tanks.
No tank for the storage of fuel may be maintained on any of
the lots hereby restricted, above the surface of the ground,
without the consent in writing of Shannon Valley Developments.
Section 15. Billboards.
No signs, advertisements, billboards, or advertising of the
lots hereby restricted without the consent in writing of Shannon
Valley Developments; provided, however, that permission is hereby
granted for the erection and maintenance of not nore than one
advertising board on each lot or tract as sold and conveyed,
which advertising board shall not be more than 5 square feet
in size and may be used for the sole and exclusive purpose of
advertising for sale or lease the lot or tract upon which it
is erected.
Section 16. Miscellaneous Provisions.
a) Garage Doors: All doors on garages located on the lots hereby
restricted shall be kept closed except when opened for the purpose
of parking or removal there from of motor vehicles.
b) Exterior Clothes Lines and Poles: No exterior clothes lines
or poles may be erected or maintained on any of the lots hereby
restricted.
c) Exterior Christmas Lights and/or Decorations; No exterior
Christmas lights and/or decorations may be erected or maintained
on any of the lots hereby restricted except during a sixty (60)
day period beginning November 15th of each calendar year.
d) Garage, Porch or Basement Sales: No garage, porch or basement
sales may be conducted on any of the lots hereby restricted
without prior consent in writing of Shannon Valley Developments.
e) Dogs Running at Large: Dogs shall be confined. No dog shall
be allowed to run at large on the property hereby restricted.
f) Exterior Basketball Goals: No exterior basketball goals
shall be erected or maintained on any of the lots hereby restricted,
without prior consent in writing by Shannon Valley Developments.
g) Swimming Pools: No above ground swimming pools may be constructed
or maintained on any of the lots hereby restricted, without
prior consent in writing by Shannon Valley Developments.
Section 17. Use of Easements.
Shannon Valley Developments reserves the right to construct
pipe lines, sewers and drains upon, over and across all easements
and rights of way shown on the recorded plat.
Section 18. Homes Association.
The owner of each building site to which these restrictions
and covenants apply automatically becomes a member in a Homes
Association entity and is to participate in the conduct and
operation of the association.
Section 19. Maintenance of Common Areas.
All Common areas in the subdivision shall be maintained by
Shannon Valley Developments until a Shannon Valley Homes Association
is formed under an instrument executed the 18th day of August,
1977, entitled Homes Association Declaration, Shannon Valley
Estates. After the formation of said Homes Association, it shall
maintain all common areas, including, but not limited to the
mowing, planting, trimming, landscaping of such areas, Common
areas shall include all berm areas, islands and other landscaped
areas shown upon the plat not being a part of any particular
lot, whether or not the same shall be dedicated to the public.
Such areas not dedicated to the public shall be deeded by Shannon
Valley Developments to the Homes Association which shall, in
addition to being responsible for maintenance, pay all ad valorem
and other taxes or assessments levied against such areas,. Upon
the failure of the Homes Association to properly maintain the
same, Shannon Valley Developments or the City of Overland Park
may do the necessary maintenance work and assess the Homes Association
and/or each of its members for the reasonable expenses if such
work, or Shannon Valley Developments or the City of Overland
Park, Kansas, may bring an action in any Court of competent
jurisdiction requiring such maintenance to be done., The above-names
parties, or any owners for the time being of any tract or lot
in said subdivision, shall have the right to obtain from any
Court of competent jurisdiction any injunction, mandatory or
otherwise, to prevent a breach, or to enforce the keeping of
any of said restrictions, and may bring any other proper legal
action.
After the formation of a Shannon Valley Homes Association, Shannon
Valley Developments shall have the right, at its option, to
transfer and assign all of the rights of obligations of interpretation,
approval and enforcement of the provisions of this Declaration
of Restrictions to said Homes Association.
Invalidation of any one of these covenants by judgment of court
order shall in no way affect any of the other provisions, which
shall remain in full force and effect.
Section 20. Duration of Restrictions.
The above covenants and restrictions shall continue and be
in full force and effect until the 31st day of December, 2002,
and shall automatically be continued thereafter for successive
periods of 25 years each, provided, however, that the then owners
of the fee simple title of 60% of the front feet of all of the
lots herein described, may release the land or any part of it
from any one or more of said restrictions, on December 31, 2002,
or at the expiration of any 25-year period thereafter, by executing
and acknowledging an appropriate agreement in writing for such
purpose, and filing the same in the Office of the Register of
Deeds of Johnson County, Kansas
The provisions of this Declaration shall be deemed to be covenants
running with the land, and shall be binding upon and above-named
Shannon Valley Developments, and all persons claiming by, through
or under it.
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Homes Association Declaration Shannon Valley Estates
Definitions of Terms User:
The term "district" as used in this Declaration shall
mean, unless and until extended as hereinafter provided; all
of the lots enumerated above and shown on said plat of Shannon
Valley Estates. If or when other land shall, in the manner hereinafter
provided, be added to that described above, then the term "district"
shall thereafter mean all land which shall from time to time
be subjected to the terms of this Declaration, including any
future modification thereof, the term "improved property",
as used herein, shall be deemed to mean a single tract under
a single ownership and use, and on which tract a residence has
been erected or is in the process of erection. Any such tract
may consist of one or more contiguous lots or part or parts
thereof. Any other land covered by this Declaration shall be
deemed to be vacant and unimproved. The term "public place"
as used herein shall be deemed to mean all streets, all parks
at street intersections or elsewhere, and all similar places
the use of which is dedicated to or set aside for the use of
the general public, or for the general use of all of the owners
within the district, or which may, with appropriate consent
be used by all of the owners of the district. The term "owners"
as used herein shall mean those persons or corporations who
may from time to time own the land within the district. The
term "restrictions" as used herein shall specifically
include those contained in the "Declaration of Restrictions"
of Shannon Valley Estates filed in the office of the Register
of Deeds, Johnson County, Kansas, on August 18, 1977, beginning
at Page 283 of volume 1248, and all amendments thereto.
Section 1. Membership in Association.
The owners of all of the land hereinabove described, 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 is hereby created and established,
to be known as "Shannon Valley Estates Homes Association".
The Association shall be incorporated under the laws of the
State of Kansas as a corporation not for profit. Membership
in the Association shall be limited to the owners of land within
the boundaries of the district as it exists from time to time.
The Association shall be the sole judge of the qualifications
of its members and of their rights to participate in its meetings.
Section 2, Voting Rights.
The Shannon Valley Estates Homes Association, Inc. 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 Shannon Valley Estates, a subdivision in the City
of Overland Park, Johnson County, Kansas, shall be a Class A
member. Each Class A member shall be entitled to one vote for
each lot upon which he holds fee simple title. When more than
one person holds such interest in any lot, all such persons
shall be members and the vote for such lot shall be exercised
as they among themselves determine, but in no event shall more
than one vote be cast with respect to any one lot.
(2) Class B. The Class B member shall be the Developer. The
Class B member shall be entitled to the (10) votes for each
lot within the district in which the said Developer holds fee
simple title.
Section 3. Land Entitled to Benefits.
No land shall be entitled to any of the benefits, improvements
or services provided by this 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 4. Use of Common Areas.
The owners of land within the district as it may exist from
time to time shall have the exclusive right to the use of all
undedicated common areas as designated on the plat of Shannon
Valley Estates or as may be designated on subsequent plats of
Shannon Valley Estates or as may be created by separate document
filed for that purpose with the Register of Deeds of Johnson
County, Kansas, by the Developer or as otherwise designated
herein.
The Shannon Valley Estates Homes Association shall have the
right and the power to make reasonable rules and regulations
which shall govern the use of the said undedicated common areas.
Section 5. Other Lands - How they May be Added
Shannon Valley Developments may from time to time add to the
district such land as is now or hereafter owned or approved
for addition by said Company, provided that the land so added
to the district shall be bound at that time by all of the terms
of this Declaration and any future modifications thereof.
Section 6. Powers and Duties of the Association
(1) The Association shall have the following powers and mandatory
duties:
(a) To care for, spray, trim, protect and replant trees on
all streets and in other public places where trees have once
been planted, when such services are not available from any
public source; and to care for, protect and replant shrubbery,
and re-sow 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 district, or to which such owners have access
and the use thereof.
(b) To provide for the maintenance of any tennis courts, playgrounds,
pedestrian ways, gateways, entrances, drinking fountains, and
ornamental features now existing or which may hereafter be erected
or created in said district in 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 the
use thereof; and also to provide for the maintenance of any
streams and natural watercourses within the district.
(c) To provide for the operation and maintenance of swimming
facilities which may hereafter be erected, for the exclusive
use and enjoyment of members of the Association and members
of their families who reside in the district, and establish
rules for the use and management of such facilities.
(d) 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; and to pay such taxes as may be assessed against
land in the public, or semi-public places within the district.
(e) To levy and collect the assessments which are provided
for in this Declaration.
(2) The Association shall have the following additional powers
and duties which it may exercise and perform whenever in its
discretion it may deem necessary or desirable, to-wit:
(a) To enforce, either in its own name or in the mane 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 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, The expenses and cost of any
enforcement proceedings shall be paid out of the general fund
of the Association as herein provided for. Nothing herein contained
shall be deemed or construed to prevent any owner having the
contractual right to do so from enforcing in his own mane any
such restrictions.
(b) To manage and control as trustee for its members all public
improvements upon and to the land in the district, or improvements
in public places, provided that such management and control
of said improvements shall at all times be subject to that had
and exercised by any City, Township, County and State, or any
of them in which the land within the district is located.
(c) To provide for the collection and disposal of rubbish and
garbage, when adequate services of that type are not available
from any public source.
(d) 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.
(e) To provide for the plowing and removal of snow from sidewalks
and streets, when such services are not available from any public
source.
(f) To provide such lights as the Association may deem advisable
on streets, parks, parkings, pedestrian ways, gateways, entrances
or other features, and in other public or semi-public places,
when such facilities are not available from any public source.
(g) To provide for the cleaning of streets, gutters, 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.
(h) 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.
(i) 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.
(j) To exercise control over such easements as it may acquire
from time to time.
Section 7. 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 district except that land owned by Shannon
Valley Developments or Mid-America Properties Corporation, in
the first day of each fiscal year of the Association as hereinafter
defined, 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 assessable
land shall be deemed to be all of the above-enumerated lots
in the aforesaid plat of Shannon Valley Estates, except as herein
provided, together with such other land as may from time to
time be added to the said district as herein provided. 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
not exceeding $150.00 for each lot within the district as now
or hereafter established, provided, however, that if in the
sale of land within the district any lot of lots be divided
into one or more building sites, each of which building sites
shall be for a single residence and may consist of a part or
parts of one or more lots as platted, then for the purpose of
levying this assessment each of such building sites shall constitute
one assessment unit and shall be liable for each annual assessment
in the same way and manner as one platted lot under a single
ownership. For the purpose of levying this assessment, the Association
shall be the sole judge as to what may from time to time constitute
a building site under the provisions of this paragraph.
(2) The annual assessment upon each lot or building site as
aforesaid may be increased by an amount not exceeding fifty
percent of the $150.00 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, fifty-one percent of the members
present at such meeting may authorize such an increase by an
affirmative vote therefore, and provided, further, that the
annual assessment upon each lot or building site as aforesaid
may be increased by an amount not exceeding one hundred percent
of the said $150.00 maximum annual assessment, 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, fifty-one percent
of the members present at such meeting may authorize such an
increase by an affirmative vote therefore. 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 the 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. No increase in the amount of the annual
assessment may be made for more than one year at a time.
(3) The first assessment shall become due on the first day
of the month following the conveyance of the home in Shannon
Valley Estates, as shown in Plat Book 41, at Page 43, of the
Register of Deeds of Johnson County, Kansas, aforesaid, from
Shannon Valley Developments or a builder to a third-party owner-occupant;
this initial assessment shall be in an amount not exceeding
$12.50 for each full calendar month beginning with said assessment
date to and including the next succeeding month of May. Thereafter,
assessments shall be for the fiscal year beginning June 1, and
they shall be fixed and levied prior to June 1st of each such
year and shall be payable on that date, and thereafter it shall
be due and payable on June 1st of each year. 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 June 1st of each year for the
next succeeding fiscal year beginning on June 1st shall not
invalidate any such assessment made for that particular year;
nor shall failure to levy an assessment for any one year affect
the right of the Association to do so for any subsequent year.
When the assessment is made subsequent to June 1st of any year,
then it shall become due and payable not later than thirty days
from the date of levying the assessment.
(4) A written or printed notice, deposited in the United States
Post Office, with postage thereon prepaid, and addressed to
the respective owners at the last address listed with the Association,
shall be deemed to be sufficient and proper notice for these
purposes, or for any other purpose of this Declaration where
notices are required.
Section 8. Lien on Real Estate
(1) The assessment shall become a lien on the 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
and subordinate to the lien of any valid first mortgage now
existing or which may hereafter be placed on said real estate
securing the payment of a loan which is insured or guaranteed
by any agency of the United States Government. In the event
of the failure of any owner to pay the assessment on or before
the 30th day following the making of such assessment, then such
assessment shall bear interest at the rate of eight percent
per annum from the date of assessment.
(2) Within thirty days from the date of levying the assessment
for the fiscal 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 suites for the enforcement of
such liens. It shall be the duty of the Association to bring
suites to enforce such liens before the expiration thereof.
The Association may at its discretion file a certificate of
nonpayment 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 a fee
of $30.00, which fee 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 nay hereafter be
placed in said real estate securing the payment of a loan which
is insured or guaranteed by any agency of the United States
Government. 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 years from
the date of delinquency and no longer, unless within such time
suit shall have been instituted for the collection of the assessment,
in which case the lien shall continue until the termination
of the suit and until the sale of the property under execution
of the judgment establishing same.
Section 9. 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; 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 assessment for
each year shall be applied as far as practicable toward payment
of the obligation 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 10. 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, 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 in the
district, insofar as their addresses are listed with the Association,
of the new address.
Section 11. Temporary Trustee
Prior to the actual organization or incorporation of the Association
contemplated by the terms of this Declaration, Shannon Valley
Developments 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 herein given directly to Shannon Valley Developments.
The Association contemplated by the terms of this Declaration
shall not assume any of the rights herein provided for without
the consent of Shannon Valley Developments and its relinquishment
of its rights as temporary trustee.
Section 12. To Observe All Laws
Said Association shall at all times observe all State, County,
City and other laws, and if at any time any of the provisions
of this Declaration shall be found to be in conflict with such
laws shall become null and void, but no other part 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 such means and employ such agents as will enable
it to adequately and properly carry out the provisions of this
Declaration, subject, however, to the limitations of its rights
to contract as are herein provided for.
Section 13. Amendment
By written consent of the owners of three-fourths of the area
of the land within the district as then constituted, 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,
provided, however, that no right to exceed the maximum annual
assessment herein provided for may be given.
Section 14. 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 owners of two-thirds of the area then
subject thereto executing and acknowledging an appropriate agreement
of agreements for that purpose and filing the same for record
in the office of the Register of Deeds of Johnson County, Kansas.
Section 15. Covenants Running with the Land
All of the provisions of this Declaration shall be deemed to
be covenants running with the land, and shall be binding upon
Shannon Valley Developments, and upon its successors and assigns.
