Homeowner Associations

A Brief History on Homeowner Association Creation:

A driving force behind Homeowner Associations was the Federal Clean Water Act of 1977, which required all new real estate developments to detain storm water so that flow to adjoining properties was no greater than the pre-development runoff. This law required nearly all residential developments to construct detention or retention areas to hold excess storm water until it could be released at the pre-development flow level. The excess water arises from the loss of permeable surface (soil) with non-permable surface (buildings, driveways, patios, etc).

Since these detention areas serve multiple residences, they are almost always designated as common areas, thus creating the need for homeowner associations. Nearly all U.S. municipalities now require these areas to be part of a common area to ensure an entity rather than an individual has maintenance responsibility.

A homeowners' association also allows the developer to exit financial and legal responsibility by transferring ownership of common areas to the homeowners after selling off a predetermined number of lots. It allows the municipality to increase its tax base, but reduce the amount of services it would ordinarily have to provide to non-homeowner association developments. Many municipalities require a HOA and require a developer to submit Indentures prior to acceptance of a planned subdivision.

A HOA is incorporated by the developer prior to the initial sale of homes, and the Restrictions, Covenants and Conditions are recorded with the county.

By law, all members must pay assessments and abide by the restrictions of the association. Membership in a development's HOA is mandatory upon the purchase of property. Common areas could include storm water retention areas, playgrounds, pools, club houses, woods, entry signs, etc.

Paying Assessment Fees

Why We Pay Association Fees:

Read your governing documents (By Laws/Restriction Indentures) to understand your legal obligation to pay your monthly assessments. Assessments pay for services to property you own in common with your neighbors, such as master insurance policy premiums, reserve funds, basic utilities, retention pond maintenance, and care of common grounds. When you do not pay your assessments, you essentially ask your neighbors to pay your bills.

Trustee Act as Overseers for Subdivision

Who Manages the Association:

Residents who wish to serve may be elected to act as trustees taking on the role of overseeing that bills are paid, common areas maintained, and other functions set forth by the subdivisions Indentures. The money collected from assessments goes towards subdivision business.

In some instances, the Trustees are paid, in others, they volunteer their time and service (Rosedale Trustees volunteer their services). They also organize residents for projects, notify residents and conduct annual meetings. Many Associations contract with companies that specialize in Homeowner Association management.


I Do Not Want to be Part of a Homeowners Association

What if I Do Not Want to Belong to an HOA?

Subdivision indentures are generally referenced on the Title Insurance Policy. Subdivision Trust Indentures are legally binding recorded documents recognized by the state of Missouri. Persons not wishing to belong or participate in a HOA must look for property/homes that are not recorded with the county as being a part of a HOA. Otherwise, if they purchase a home in a subdivision with a HOA, they are agreeing, along with their neighbors, to own and take responsibility for it's common areas, and abide by restrictions set forth for the neighborhood. If they fail to meet their obligation, the HOA has the legal right to file a lien against your property and file civil suit for payment. In some instances, they may foreclose upon your property for non-payment.

Most HOA's need all their assessment fee dollars to meet their required expenditures. When a home is sold, the new owner then must abide by the restrictions/By Laws; the restrictions "run with land", owner to owner. Failure to know that your property is part of an association does not relinquish your duty to pay Association fees.


Rosedale's Homeowners Association

About Rosedale Homeowners Association:

Rosedale subdivision has 115 homes. All homes, their original and subsequent owners, are bound by the Indentures on file with Jefferson County ( Book 527 page 1292). Your Title Insurance Policy should reflect that your home in Rosedale has restriction Indentures/Bylaws. This information should have been given to you at the closing on your home’s purchase. By law, these Indentures apply to all property owners in the subdivision without exclusion.

Annual assessment fees per household are due each January for that year. These working capital dollars go towards maintenance of subdivision common areas as described in the Indentures or required by our municipality. This includes electric for street lights, liability insurance for common grounds, maintaining our entrance area, street islands, and 3 City mandated storm water retention ponds.


JEFFERSON COUNTY CODES/ORDINANCES

Jefferson County Missouri Ordinances
Section 16.610. Property Owners Association

Subdividers shall form or cause to have formed a Property Owners' Association in accordance with the following standards.
A. Recordation.
The association shall be established in recorded subdivision restrictions before any lot within the subdivision is sold.
B. Membership.
Membership in the Property Owners' Association shall be mandatory for each owner of real property within the subdivision.
C. Responsibilities.
Common open space, subdivision entrance structures, stormwater system or recreational ground that is reflected on a final plat must be owned and maintained by the Property
Owners' Association. If the Property Owners’ Association proposes to change the area of common ground, approval must be granted by the County. The Property Owners'
Association shall be responsible for payment of property taxes, if any, on and maintenance of all common open space areas and facilities, maintenance of liability insurance, and other related duties of ownership.

D. Establishment of Property Owners' Association.
The subdivider shall file a declaration of restrictions and a declaration of Property Owners' Association with the Final Plat when approval is sought, setting forth the above condition and other features of the Property Owners' Association. The subdivider shall supply to the Planning Division a copy of the articles of incorporation or articles of organization and a complete set of the bylaws of the Property Owners' Association. The declaration of restrictions and declaration of Property Owners' Association shall, at a minimum, regulate the following:

Article 16: Subdivisions Adopted: 04/02/20016-49 8

1. property maintenance;
2. maintenance of common facilities;
3. trash removal
E. Transfer of Control of the Association.
Developer shall orderly transfer control of the Association no later than ninety (90) days after the sale of ninety-five (95) percent of the units/lots in the development where there
is a professional management company for the development or eighty (80) percent of the units/lots in the development where there is not a professional management company,
whichever is earlier; provided, however, the Developer may transfer control of the Association at an earlier date.

Before the deadline, the developer shall send out notice to hold a meeting of all property owners to elect a board. The notice shall be sent out announcing the time, place, and purpose of the meeting, at least fifteen (15) days in advance. Once the board is elected, the developer shall officially transfer the control of the Property Owner’s Association to the board at the meeting. The records and monies shall be transferred over, though not necessarily at the meeting itself, no later than ninety (90) days after the meeting.

F. Where subdivision improvement plans provide for installation of improvements, including sewer lines, sewage treatment plants, water supply systems, streets, or other
physical facilities that require maintenance, supervision or operation, and the maintenance of those facilities is not transferred to a private agency or a utility, the declarations and restrictions shall make provision for a Property Owners’ Association with authority to:

1. make charges on a continuing basis for the up-keep, maintenance and operation of the improvements; and
2. set reasonable charges thereof, with a minimum of $300.00 annually per lot.
3. where the proposed subdivision relies upon utilization of a private access located outside the proposed subdivision, the maintenance fee shall also provide for a contribution to an existing Board of Trustees equal to the proportional use of the access based on the number of housing units served.
G. The declaration of restrictions and declaration of Property Owners' Association shall be recorded along with the Final Plat.
H. A copy of the recorded set of covenants and restrictions for the development must be submitted to the Planning Division prior to the issuance of a building permit.

I. If a subdivision plat includes construction of a landscaped decorative entryway, islands, statuary or other aesthetically oriented theme or identity amenities that are to be located within a dedicated right-of-way, the Property Owners' Association shall be specifically charged with the responsibility for perpetual maintenance of such areas. This shall not apply to landscaping within the median strip of County or State maintained streets.

Website for Jefferson County Missouri Codes and Ordinances: http://www.jeffcomo.org/CodesOrdinances.aspx?nodeID=PlanningDivision

Note: Since Rosedale is in the municipality of Arnold, most likely the city, not county, would intervene and charge the Rosedale Trustees and individual residents for any failure to properly maintain common areas, common utilites, detention ponds, signage etc.

ARNOLD CITY ORDINANCES

Arnold City Ordinances

Appendex A: Subdivisions
Article III.
Section 52. Street lighting.


Street lights shall be provided within all subdivisions. Street Lights shall be provided at the corner of intersections of streets, located within cul-de-sacs, and provided at intervals of approximately three hundred feet throughout all residential subdivisions or as recommended by Union Electric and approved by the Planning Commission and City Council. The provisions of this section is not intended to apply to minor subdivisions. Street lighting shall be located between the sidewalk and the street and located within an easement dedicated for that purpose or within the right-of-way. Street lighting shall be installed in accordance with a lighting plan that shall be as approved by the Planning Commission and City Council. Such lighting shall meet all applicable codes. Street lighting shall be a standard model accepted by the Planning Commission and shall be uniform throughout the subdivision except that at the intersection of streets with arterial or collector streets, the Planning Commission may require the installation of the type of street light required for nonresidential subdivisions.

Street lights shall be dedicated to the ownership and maintenance of the subdivision and covenants shall be established that empower the trustees with the authority to assess and collect fees as necessary from the lot owners of the subdivision to pay for the cost of electrical service, rental, and the maintenance and repair of the lights.


Chapter 5
Article VII. Storm Water and Erosion Control
Sec. 5-164. Maintenance.



(a) In subdivision projects. The responsibility of maintenance of the retention facilities in subdivision projects shall remain with the developer until such time as applicable escrows are released. Upon release of escrows, the maintenance responsibility shall be vested in the trustees of the subdivision, by virtue of the trust indenture. The indenture of trust shall clearly indicate resident responsibility for maintenance in cases of projects without common ground.

(b) In single-lot projects. The responsibility for maintenance of the retention facilities in single-lot development projects shall remain with the general contractor until final inspection of the development is performed and approved and a certificate of compliance is issued. After issuance of a certificate of compliance, the maintenance of retention facilities shall be vested in the owner of the project.

(c) Remedial work by city; assessment of cost. If the trustees or owner fail to provide reasonable degree of maintenance and the facilities become inoperative or ineffective, the city may perform remedial work and assess trustees or owner for the cost of repair and maintenance.

(Ord. No. 8.144 (Bill No. 460), § 18, 4-5-79; (Bill No. 1206), § 3, 7-5-90)


Sec. 5-166. Annual inspection, declaration of nuisance, notification of violation, repairs, and special assessment.

(a) Annual inspection of storm water detention facilities. The director of public works or his designee shall inspect on an annual basis all storm water detention facilities required by this article.

(b) Declaration of nuisance. Any storm water detention facility and/or appurtenances thereto that are not properly maintained, determined to be inoperative or ineffective to meet intended design standards, has storm water storage capacity diminished due to siltation, has an accumulation of debris within the basin area, has plant growth within the basin area that diminishes the design capacity or function of the facility, has inlet piping or discharge piping damaged or clogged in any manner that reduces the capacity or proper function of such piping by any means other than an authorized storm water flow control device, or has evidence of erosion that compromises the structural integrity or functional design of the facility are hereby declared to be a public nuisance and must be promptly corrected by the owner or owners of such facility or the properties served by such facility in accordance with the provisions of this article.

(c) Notification of violation. In the event that a storm water detention facility is determined to be a nuisance pursuant subsection (b) above, a notice of violation shall be sent by the director of public works or his designee to the owner(s) or trustee(s) of the facility or the properties served by such facility. Such notice shall specify the nature of the violation, the corrective action to be taken to bring such detention facility and/or appurtenances into compliance, and the amount of time allowed to complete all required repairs. The notice of violation shall inform the aforesaid owners or trustees that if required repairs are not completed within the time specified, the City of Arnold will contract for such repairs to be made and the cost of such repairs become a lien against the property and the property served by such facility and the cost shall be apportioned accordingly among the property owners. Notification required by this section shall be sent by first class mail to the last known owner(s) and/or trustee(s) of the facility or the properties served by such facility.

(d) Time limit for repairs. Repairs required by this article shall commence within thirty (30) days of the date of mailing of the notification of violation and shall be pursued in such a manner by the owner(s) or trustee(s) as to assure completion of all required repairs within sixty (60) days of the date of the mailing of the notification. The director of public works may extend the time period for compliance due to adverse weather conditions or, if in his judgment, the repairs cannot be reasonably completed within the time period required by this section.

(e) Appeal procedure for violation notice. In the event of a dispute as to the findings contained in the notice of violation, the director of public works may allow an additional amount of time, not to exceed thirty (30) days, to allow the owner(s) or trustee(s) of the facility the opportunity to have an engineering report completed by an engineer, licensed by the State of Missouri, to prove that required facilities are in compliance with the provisions of this article.

(f) Repair by city; cost of repairs to be a lien; special assessment. In the event that repairs are not made to correct the deficiencies contained in the notice of violation within the allotted time, the director of public works is hereby authorized to make said repairs or to seek bids to remedy the violations. The cost of repairs made by the city and all related costs shall become a lien against the property and the properties served by such facility and a special assessment tax bill shall be sent to the owners of record of the affected by such lien.

(Ord. No. 8.144 (Bill No. 1741), § 1, 3-18-99)


Website for ARNOLD CITY Ordinances http://library3.municode.com/default-test/home.htm?infobase=11509&doc_action=whatsnew





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