Ward Parkway Estates HOA bilaws

Bi-Laws & Declaration of Restrictions

W a r d P a r k w a y E s t a t e s
Homes Association

ARTICLE I

Section 1. As used in the bi-laws, the term “District” shall mean all of the land now included in the two plats of Ward Parkway Estates, in Jackson County, Missouri, subject to the assessment set forth in the Ward Parkway Estates Homes Association Declaration, recorded in Book B-4978, Page 119 in the Office of the Recorder of Deeds in and for Jackson County, Missouri at Kansas City.

Section 2. Any person who has legal title of record to any lot or tract of land within the limits of the District as it now exists or may hereafter exist shall hold membership in the Association.

Section 3. In case the legal title to any lot or land in the District is held in any form of joint tenancy by the entirety, joint tenancy, or tenancy in common, the owners shall be eligible to membership, but shall jointly have the right to cast only one vote for any candidate at any election or on any question. Such owners may, if they prefer, designate in writing one of them as member in their stead, and he shall become eligible to membership, subject to the approval of the Board of Directors.

Section 4. In case the legal title to any lot or land in the District is held by a corporation, then the Board of Directors of such corporation, or its president or vice president, may designate in writing one of its officers, members or employees as its member representatives, who shall become eligible to membership, subject to the approval of the Association Board of Directors.

Section 5. The corporation or its Board of Directors shall be the sole judge of its membership and any acts or proceedings of the corporation made or done in the manner herein described shall be conclusive against all parties. Only owners of one or more tracts of land in the District, or their duly accredited representatives as herein provided, shall be eligible to membership in the Association. No member shall have the right to more than one vote for any candidate at any election, or on any question, although he may own more than one lot or tract of land.

Section 6. Membership in this association may continue only during the ownership of any lot or land in the District by the member or person or party whom he represents, as herein provided.

Section 7. The Secretary shall keep a correct list of all members who are in good standing and entitled to vote, and their last known addresses. All members shall notify the Secretary of any change of address.

ARTICLE II

Section 1. The corporate powers of this Association shall be vested in a Board of Directors. The Board shall consist of a minimum of five (5) directors and a maximum of ten (10). The number of directors at any one time shall be the discretion of the Board.

Section 2. Fifty (50) percent of the directors shall constitute a quorum for the transaction of business at any meeting.

Section 3. All Directors shall be bona fide residents of the District, and shall at all times be members of the Association in good standing.

Section 4. Directors shall be elected by the Board of the Association at a Board meeting, to serve for a period of two (2) years.

Section 5. In case of vacancy in the office of Director, the remaining Directors at a regular or special meeting shall elect another eligible member to fill the vacancy for the unexpired term and until a successor shall be duly elected and qualified.

Section 6. The Board shall conduct, manage and control the property, affairs, and business of the Association, and shall make all necessary rules and regulations for the guidance of officers and management of the affairs and business of the Association, not inconsistent with the laws of the State of Missouri or the United States. They shall cause to be kept a complete record of all their acts and proceedings, and of the proceedings of the members. At each annual meeting they shall present a complete financial statement showing the general condition of the Association showing all receipts and expenditures, assets and liabilities.

Section 7. The Board shall employ and discharge at will, all agents, servants and employees of the Association prescribe their duties, fix the compensation, if any of officers, and in their discretion may require of them a bond or other security for faithful performance of their duties and fidelity. They shall determine who shall sign and countersign all checks, drafts and other papers and documents, except as otherwise provided herein. They shall vote on all applications for membership, as provided herein. They shall do and perform any other duties that may be prescribed for them by the members of the Association at any regular or special meeting.

ARTICLE III

Section 1. (a) The officers of the Association shall be a President, Vice President, Secretary, and Treasurer, who shall be elected by and hold office at the will of the Board of Directors. The Board may also, from time to time, name other or assistant officers who shall hold office at the will of the Board.

(b) The President and Vice President shall at all times be Directors. It is required that all directors shall be members of the Association. The offices of Secretary and Treasurer may be held by the same person.

(c) The Board may appoint or remove any officer or employee at pleasure, and any vacancy caused by removal, resignation, death, cessation of membership in the Association for any cause whatever, may be filled by the Board as it may deem advantageous.

Section 2. The President shall preside over all meetings of the members and directors, shall sign all instruments of writing to be executed by the corporation, and as he may be directed by the Board and he shall perform such other duties as may be conferred upon him by the Board, but his authority shall be subject to the control and direction of the Board at all times.

Section 3. The duties of the Vice President shall be to do and perform all the duties of the President in the absence or inability of the President.

Section 4. The duties of the Secretary shall be to keep a permanent and complete record of all proceedings of each meeting of the Board and of the Association members, and to keep the offices informed of all such proceedings whenever called upon; to call special meetings of the Board and of the Association members whenever requested by the President or Vice President or a majority of the Board; to keep a list of all members of the Association and their addresses; and to do and perform all other duties that usually and properly pertain to the office of Secretary. In case of failure, absence, inability or refusal of the Secretary to perform the duties, the President may appoint someone to act in stead until the next meeting of the Board, and in such event the Secretary shall turn over to the successor in office all papers, records, books and other property belonging to the Association.

Section 5. The duties of the Treasurer shall be to receive and deposit in such banks or bank as the Board may from time to time direct, moneys belonging to the Association; to keep a true and detailed account of all moneys received and paid out; to make a financial report at each annual meeting of the Association members, and at any special meeting of the Association whenever requested to do so, and to make such a report at any meeting of the Board whenever requested; to turn over to the successor in office, all moneys, reports, papers and other property then on hand belonging to the Association; and to do and perform all other duties that usually and properly pertain to the office of Treasurer.

Section 6. The President and Vice President shall not receive any compensation for their services.

ARTICLE IV

Section 1. The regular annual meeting of the members of the Association, herein call the “Association meeting”, shall be held at a location and time set at the discretion of the Board. Special meetings of the members of the Association, herein called “Association meeting”, may be held at any time on the call of the President, Vice President or the Secretary.

Section 2. The members of the Association shall be notified by the Secretary, President or the Vice President by a printed or electronic notice to the last known address of the members at least ten (10) days before the date of the regular meeting, stating the time and place of the meeting. Special meetings may be called in a like manner after five (5) days notice, but any such notice shall designate the purpose of the meeting. In all such cases, the mailing of the notice need only be given; and notices need only be given to members appearing as such on the books of the Association.

Section 3. At any regular or special Association Meeting, fifty (50) percent of the attending members shall constitute a quorum for the transaction of business; and a majority vote of those present shall be necessary to elect a director or transact any other business.

Section 4. Regular meetings of the Board shall be held at such times and place as the Board may designate. No notice of the regular meeting of the board shall be given. Special meetings of the Board may be held at any time on the call of the President, Vice President or the Secretary, by notice to the last known address of the Directors at least two (2) days before the meeting. The mailing or telephoning shall be considered as the notice required to be given. Or a like notice may be served personally upon the Directors at least one (1) day before such a meeting.

ARTICLE V

Section 1. At all Association meetings each member shall have the right to vote in person or by proxy, but all proxies shall be in writing and shall be filed with the Secretary before the meeting opens. Each member shall have but one vote. All votes shall be by ballot unless waived by unanimous consent.

Section 2. No Director may vote by proxy at any Director’s meeting. No director shall be permitted to vote at any Director’s meeting unless present at such meeting.

ARTICLE VI

These Bi-laws may be altered, amended, added to, or repealed at any Association meeting by a two-thirds vote of those present, or at any Director’s meeting by a three-fourths vote of those present, if there be a quorum.

Bi-Laws

Declaration of Restrictions

THIS DECLARATION made this 10th day of March, 1955, by WARD PARKWAY DEVELOPMENT CO., a corporation, the owner of Lots 1 to 198, both inclusive and Lots 202 to 207, both inclusive, in Ward Parkway Estates, a subdivision in Jackson County, Missouri, as the same are shown upon the recorded plats thereof,

WITNESSETH: THAT

WHEREAS, Ward Parkway Development Co., a corporation, has executed a plat of Ward Parkway Estates, covering lots 1 to 18, both inclusive, which plat was recorded on February 19, 1955, in the Office of the Recorder of Deeds in and for Jackson County, Missouri at Kansas City, and has executed a plat of Ward Parkway Estates, covering Lots 19 to 202, both inclusive, which plat was recorded on February 23, 1955, in the Office of the Recorder of Deeds in and for Jackson County, Missouri at Kansas City; and

WHEREAS, Ward Parkway Development Co., now desires to place certain restrictions on Lots 1 to 198, both inclusive, and Lots 202 to 207, both inclusive, for the use and benefit of the present owner and its future grantees.

NOW, THEREFORE, in consideration of the premises, Ward Parkway Development Co., for itself and for its successors and assigns, and for its future grantee, hereby agrees that all of Lots 1 to 198, both inclusive, and Lots 202 to 207, both inclusive, Ward Parkway Estates, are hereby restricted as to their use in the manner hereinafter set forth, viz:

1. No dwelling may be erected upon the land restricted hereby except upon a plot of ground with a street frontage of not less than 80 feet; provided, however, that the plot of ground shall consist of a single lot shown upon one of the recorded plats of Ward Parkway Estates the required minimum street frontage need not be more than the street frontage of said lot as shown upon such plat.

No dwelling shall be constructed or converted for the use of more than one family or more than two unrelated people.

2. No building shall be permitted to stand with its exterior in an unfinished condition for longer than three (3) months after commencement of construction.

In the event of fire, windstorm, or other damage, no building shall be permitted to remain in damaged condition longer than five (5) months.

3. Any residence erected upon any of the lots hereby restricted shall contain a minimum of 1100 square feet of enclosed floor area. The words “enclosed floor area” as used herein shall mean and include in all cases, areas of the residence enclosed and finished for all-year occupancy, computed on outside measurement of the residence; provided, however, that certain interior areas above the first floor need not be immediately finished for occupancy if the residence so designed and built that such areas can be finished at a later date without any structural changes being made to the exterior of the residence. No areas of garages, porches, attics or basements shall be included in computing “enclosed floor area”.

4. No construction shall be started upon any building or upon any exterior modification of any buildings, nor shall any building be moved upon the property unless and until the exterior design of such building or of any such modification be first approved in writing by Ward Parkway Development Co., or its successors and assigns.

Ward Parkway Development Co., its successors and assigns, do hereby reserve the right and power to determine the location of all buildings, to include storage sheds and outbuildings, on the respective lot or lots and the right and power to determine the relation of the top of foundation to the street level.

All such approvals or determinations shall be in writing.

5. No business buildings shall be erected or business of any nature conducted upon the land herein described, except home offices and other home-operated businesses which do not require equipment over one-quarter (¼) horsepower with no noise to be heard on the outside of the house.

No home business allowed shall have employees working at or inside any of the residences within Ward Parkway Estates except the property owner.

No business equipment of any kind shall be parked or stored on any of the lots or streets in Ward Parkway Estates, except during reconstruction or remodeling of residences and then only for a reasonable period of time.

Nor shall anything be done thereon which may be or become a nuisance to the neighborhood.

6. No hogs, cows, horses, chickens, or goats shall be brought onto said property or maintained thereon, and no more than three (3) dogs, four (4) cats or more than six (6) rabbits may be maintained on any lot at any one time. Dogs maintained by a property owner shall not be allowed to run loose in the development area.

7. No fence may be erected or maintained upon any of the lots hereby restricted except chain link no more than four-and-one-half (4½) feet high or privacy fence no more than six (6) feet high, extending from the rear line of the house to the side property line to allow the enclosure of the rear yard of the property only. If there is, a side entrance to the house the fence may be brought forward just far enough to enclose the entrance.

Privacy fences may be of standard design or decorative design and construction. Placement must have the support posts on the inside of the fence where they are not seen from neighboring property or from the street.

For corner lots the fence may extend out from the rear line of the house, but may not extend to close than ten (10) feet of the street curb.

Privacy fences may also be built to enclose a patio or deck.

No other type or placement of fences will be allowed without the prior written consent of Ward Parkway Development Co., or its successors and assigns.

If required, mail boxes shall be grouped in locations to be determined by Ward Parkway Development Co., or its successors and assigns.

No sign of any kind shall be permitted on any lot except for one (1) “For Sale” or “For Rent” sign, not to exceed four (4) square feet in area.

Signs for Estate Sales and Garage Sales shall be permitted, but shall not exceed four (4) square feet and may be placed one (1) day before the sale and removed at the end of the sale.

No more than two (2) sales of any kind may be held at any residence during the calendar year.

No owner of an improved lot within the area affected by this Declaration shall allow any grass or weeds on his or her lot to attain a height in excess of eight (8) inches.

No property owner shall store, park or allow to be stored or parked, any trailer, boat or boat trailer, any house or camping trailer, mobile home or recreational vehicles in the area affected by this Declaration for more than forty-eight (48) hours unless it is contained within the closed garage.

No property owner shall install a satellite reception dish larger than one (1) meter or thirty-nine (39) inches, in accordance with FCC regulations, and shall be to the property owner’s best, hidden from public view.

8. Ward Parkway Development Co. shall have and hereby reserve the right to locate, erect, construct, maintain and use or authorize the location, erection, construction, maintenance and use of drains, sanitary storm sewers, gas and water mains and lines, electric and telephone lines and other utilities, and to give and grant rights of way or easements therefore over and upon any part of said land described herein.

9. No water from roof downspouts, basement garage drain, or surface drainage shall be placed or piped into any sanitary sewer line and no connection of any kind shall be made to any sewer line without prior inspection and approval by Ward Parkway Development Co., or its successors and assigns.

Ward Parkway Development Co. shall have and hereby reserves the right to convey, transfer, set over, and assign any and all rights and powers herein reserved to it to another person, firm, or corporation, or to a corporate successor of Ward Parkway Development Co.

The exercise by Ward Parkway Development Co. of any of the rights or powers set forth herein above with respect to any particular land covered hereby shall not in anywise limit the right of Ward Parkway Development Co. to exercise such rights and powers or to refuse to exercise such rights and powers with respect to any particular tract of land covered hereby, or shall the refusal of Ward Parkway Development Co. to exercise such rights and powers with respect to any tract inhibit or limit its right and power to thereafter exercise such rights and powers with respect to such tract.

10. Each of the restrictions above set forth shall continue and be binding upon Ward Parkway Development Co. and upon its successors and assigns, for a period of twenty (20) years from January 1, 1955, and shall automatically be continued thereafter for successive periods of five (5) years each provided, however, that the owners of the fee simple title to the majority of the front foot of the lots herein described may release all of the land hereby restricted from any one or more of the said restrictions at the end of this first twenty (20) year period, or any of successive five (5) year period thereafter, by executing and acknowledging an appropriate agreement or agreements, in writing for such purposes, and filing the same for record at least one (1) year prior to the expiration of this first twenty (20) year period or any five (5) year period thereafter.

11. The land herein described is subject to a certain Sewer Declaration, all of the terms of which by this reference are hereby incorporated herein, made by Kroh Bros., Inc., under date of December 28th, 1945, and filed for record in the Office of the Recorder of Deeds in and for Jackson County, Missouri at Kansas City, under date of February 26, 1946, and recorded in Book B4004 at page 92.

12. The restrictions herein set forth shall run with the land an bind Ward Parkway Development Co. and its successors and assigns, and all parties claiming by, through, or under it shall be taken to hold, agree and covenant with Ward Parkway Development Co., its successors and assigns, and with each of them to conform to, and observe said restrictions as to the use of said lots, and the construction of improvements thereon, but no restriction herein set forth shall be personally binding on any corporation, person or persons, except in respect to breaches committed during its, his or their seisin or title to said land, and the owner or owners of any of the above land shall have right to sue for, and obtain an injunction prohibitive or mandatory, to prevent the breach of, or to enforce the observance of the restrictions above set forth in addition to ordinary legal action for damages and the failure of Ward Parkway Development Co., or the owner or owners of any other lot or lots in this addition, to enforce any of the restrictions herein set forth, at the time of its violation, shall in no event be deemed to be a waiver of the right to do so thereafter.

IN WITNESS WHEREOF, WARD PARKWAY DEVELOPMENT CO. has caused these presents to be executed in its corporate name as of the day and year first above written.

As published, this document represents a “living document” with editions and amendments as approved, but not necessarily with accompanying attribution.

The original publishers of this document, Ward Parkway Development Co., explicitly states that rights, powers, and privileges held may be transferred or assigned. The current body that holds these rights, powers, and privileges is the Ward Parkway Estates Homeowners Association Board of Directors.

Any questions regarding the content of this document should be directed to a member of the Board of Directors.

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