[Ord. No. 4190, 2-1-2021]
A.
In any case where the establishment of common ground (including pedestrian
walkways and cul-de-sac islands), private streets, private streetlighting,
drainage facilities such as detention basins, drainage pipes, ditches,
clubhouses, pools, tennis courts or any other improvement or amenity
that requires continuous maintenance, trust indentures creating a
property owners' association shall be recorded simultaneously with
the record plat.
B.
The trust indentures shall provide for proper maintenance and supervision
by the elected officers of the property owners' association who are
selected to act in accordance with the terms of such indentures and
the applicable provisions of this Code.
C.
For single-lot developments and developments with no common ground,
the Community Development Director may accept a script certifying
the means of maintenance on the record plat.
D.
Common ground shall be conveyed by the owner in fee simple absolute
title by warranty deed to the property owners' association.
E.
The trust indentures shall provide that the common ground be for
the benefit, use and enjoyment of the lot owners present and future.
It shall be the responsibility of the elected officers of the property
owners' association to maintain the common ground.
F.
No lot owner shall have the right to convey his/her interest in the
common ground except as an incident of the ownership of a regularly
platted lot.
[Ord. No. 4190, 2-1-2021]
A.
Any trust indentures required to be recorded shall provide for not
less than the following representation to purchasers of developed
lots among the property owners' association trustees:
1.
After fifty percent (50%) of the lots have been sold, one-third
(1/3) of the trustees shall be chosen by purchasers of developed lots.
2.
After seventy-five percent (75%) of the lots have been sold,
two-thirds (2/3) of the trustees shall be chosen by purchasers of
developed lots.
3.
After all of the lots have been sold, all of the trustees shall
be chosen by purchasers of developed lots.
[Ord. No. 4190, 2-1-2021]
A.
The trust indentures shall provide that the subdivider/developer
is prohibited from assessing lot owners or otherwise using property
owners' association funds for items or matters that are not located
within the bounds of the subdivision.
B.
The trust indentures shall also provide that the subdivider/developer
is prohibited from assessing lot owners or otherwise using property
owners' association funds for items or matters that are considered
as improvements required of the subdivider/developer by the approved
plat or plans. Such required improvements may include, but are not
limited to, landscaping, subdivision entrance enhancements, recreation
facilities and common ground parks and amenities, etc.
C.
The trust indentures shall provide for the annual reporting to the
property owners and members of the property owners' association of
all financial transactions made by, or on behalf of, the property
owners' association. The financial and other records and meeting agenda
and minutes will be open and available to any resident or property
owner of the subdivision.
[Ord. No. 4190, 2-1-2021]
A.
Each trust indenture shall be accompanied by a written legal opinion
from an attorney licensed to practice in the State of Missouri, setting
forth the attorney's legal opinion as to the legal form and effect
of the deeds and trust indentures.
B.
The trust indentures shall be reviewed and approved by the Community
Development Director and the City Attorney prior to being filed with
the Recorder of Deeds of St. Charles County and simultaneously with
the recording of the record plat.
[Ord. No. 4190, 2-1-2021]
A.
The term of any trust indentures recorded pursuant to these regulations
shall be for the duration of the subdivision.
B.
In the event the subdivision is vacated, fee simple title of common
ground will vest in the then lot or unit owners as tenants in common.
The rights of the tenants shall only be exercisable appurtenant to,
and in conjunction with, their lot or unit ownership. Any conveyance
or change of ownership of any lot or unit shall convey with it ownership
in the common ground.
C.
No interest in the common ground shall be conveyed by a lot or unit
owner except in conjunction with the sale of a lot or unit. The sale
of any lot or unit shall carry with it all the incidents of ownership
of the common ground whether or not expressly mentioned in the deed;
provided, however, that no right or power conferred upon the trustees
shall be abrogated.
[Ord. No. 4190, 2-1-2021]
A.
Amendments to trust indentures must be reviewed and approved by the
Community Development Director and City Attorney, prior to being filed
with the Recorder of Deeds of St. Charles County.
[Ord. No. 4190, 2-1-2021]
A.
Should the subdivider/developer be required to or choose to impose
trust indentures on a parcel of property or subdivision within the
City of Lake Saint Louis, the trust indentures should include, at
a minimum, the following items and conditions:
1.
General Provisions.
a.
Definitions applicable to the land subdivision, the proposed
development, and the responsibilities of both the subdivider/developer
and the new property owner.
b.
Applicable provisions from this Section establishing the trust
indentures and terms.
c.
General provisions identify other rights and restrictions that
may be applicable to either the individual property owners or the
property owners' association. These could include, but not be limited
to:
(1)
Enforcement of trust indentures.
(2)
Severability of trust indentures.
(3)
Amendments.
(4)
Utility easements.
(5)
Care and appearance of premises.
(6)
Garages.
(7)
Leases.
(8)
Noise.
(9)
Improvements.
(10)
Insurance.
(11)
Change of ownership.
(12)
Exterior planting.
(13)
Sidewalks.
(14)
Repair, maintenance, and replacement.
(15)
Trash containers.
(16)
Trash pickup.
(17)
Fines.
2.
Property Owners' Association Provisions.
a.
General.
(1)
Applicable provisions from this Section establishing
property owners' associations and the terms.
(2)
This Section should establish association membership
and voting rights of each individual lot owner and subdivider/developer
of the project.
(3)
This Section should identify the process by which
the subdivider/developer will turn over complete ownership of, and
responsibility for, all common ground, elements and amenities.
b.
Property Rights.
(1)
This Section should establish the rights of each
individual lot owner as well as the property owners' association,
which shall be organized to maintain all elements and amenities of
the development owned collectively by the individual lot owners.
c.
Funding.
(1)
Association assessments and dues should detail
how funding is determined for the maintenance and care of all common
ground, elements and land in the development and the conditions under
which both regular and special funding assessments are developed.
d.
Maintenance Responsibilities.
(1)
This Section shall identify and detail the responsibilities
of both the property owners' association and individual lot owners
of both the living units and common elements of the overall development.
e.
Architectural Control.
(1)
This Section identifies and details the type and
material of such items as, but not necessarily limited to:
(a)
Alterations, additions, changes and materials used within the
development;
(b)
Rules for dealing with requests for such items from the lot
owners;
(c)
Composition of any review board organized to address such requests;
(d)
Fees (if any) for reviewing such requests;
(e)
Fines for violations; and
(f)
Requirement of City of Lake Saint Louis approval for any alterations,
additions and/or changes, etc.
f.
Use Restrictions.
(1)
This Section shall identify the permitted type
of dwelling unit allowed in the project as well as actions and/or
items not permitted in the project. Such prohibitions could include,
but not be limited to, the following subject matter:
(a)
Fences and pools.
(b)
Commercial activities.
(c)
Livestock other than house pets.
(d)
Parking of motor vehicles, boats and trailers.
(e)
Overhead wiring.
(f)
Laundry poles.
(g)
Antennas.
(h)
Fuel tanks.
(i)
Temporary structures.
(j)
Signs.
(k)
Drilling and quarrying.
(l)
Dumping.
(m)
Sewage disposal.
(n)
Water supply.
(o)
Organized sporting events.
(p)
Patios.
(q)
Driveways.
(r)
Hot tubs, jacuzzi, etc.
(s)
Exterior faucets.
(t)
Pets.
(u)
Fireplaces.
(v)
Firewood.
[Ord. No. 4190, 2-1-2021]
B.
Declaration.
1.
The declaration, and any amendment thereto, shall be prepared
and recorded in accordance with the requirements of this Article.
2.
Any declaration, including any amendments thereto, existing
as of September 21, 2020, but which has not been recorded with the
St. Charles County Recorder of Deeds, must be recorded not later than
January 10, 2021.
C.
Incorporation.
1.
Upon approval of any nonresidential subdivision, if not already
provided to the City, the developer thereof shall provide the City
with proof that the business association has been organized or incorporated
in the State of Missouri.
2.
Upon request by the City, the business association shall provide
to the City proof that the business association is in good standing
with the State of Missouri.
D.
Governing Documents.
1.
The governing documents of any business association, as well
as any rules or regulations adopted by the business association, including
amendments thereto, must be:
a.
Made accessible to a member upon the request of the member in
a reasonably accessible format, including by electronic mail (unless
the member has requested a different format);
b.
Posted in a conspicuous place in a common area in the nonresidential
subdivision; or
c.
Available on an internet website maintained by the business
association, where they may be downloaded by a member.
2.
Upon request by the City, the business association will provide
the City with a copy of its current governing documents, if any.
E.
Meetings.
1.
A business association shall hold member meetings at least annually
or more frequently as set forth in accordance with the declaration.
F.
Failure To Create Or Maintain A Business Association.
1.
In the event that any now or hereafter existing nonresidential
subdivision either fails to have a business association organized
or incorporated, or such business association is allowed to be dissolved
or otherwise fails to perform the obligations required of it under
the declaration, then, in any such event, the following provisions
shall apply:
a.
The members of the nonresidential subdivision shall be responsible
for the maintenance, repair, improvement, or replacement of common
ground or common elements in the nonresidential subdivision.
b.
In the event the members of the nonresidential subdivision fail
to maintain, repair, improve, or replace the common ground or common
elements in the nonresidential subdivision, and, in the reasonable
judgment of the City Administrator, such failure results in a violation
of the City's Code, then, in such event, the City may make such necessary
maintenance, repair, improvements, or replacements, and shall assess
the costs incurred by the City against the members as provided in
the declaration, or if there is no method for assessment provided
in the declaration, on a pro rata basis as reasonably determined by
the City.
