HOA Declarations and Restrictions

This instrument filed by Security Land Title Company 2703418

COUNTY JOHNSONSS, STATE OF KANSAS

FILED FOR RECORD: 1997 MAY 15 P3:06.6

SARA F. ULL, REGISTER OF DEEDS

DECLARATION OF RESTRICTIONS TO CHERRY CREEK, 4th PLAT
WHEREAS, WOODSTONE, INC., a Kansas Corporation (hereinafter referred to as "Developer") is the owner of all of the lots in CHERRY CREEK, 4th PLAT, a subdivision in Johnson County, Kansas, which plat was recorded in the office of the Register of Deeds of Johnson County, Kansas, in Book 99 of Plats at Page 27 as Document 2700822.

WHEREAS, the said Developer has heretofore dedicated to the public all of the streets and roads shown on said plat for the use by the public and WHEREAS, said Developer now desires to place certain restrictions on the following described land, to wit:

Lot 1-10, CHERRY CREEK, 4th PLAT, a subdivision in the City of Leawood, Johnson County, Kansas.

NOW, THEREFORE, in consideration of the premises, WOODSTONE, INC., for itself and its successors, and assigns, and for its future grantees, hereby declares that all of the lots shown on the above-described plat shall be and they are hereby restricted as to their use in the manner hereinafter set forth.

DEFINITION OF TERMS USED
For the purpose of these restrictions, the word "Developer" shall mean Woodstone, Inc.

The word "street" shall mean any street, road, drive, terrace, circle, boulevard, or avenue of whatever name as show on said plat of CHERRY CREEK.

The word "outbuilding" shall mean an enclosed, covered structure, not directly attached to the residence to which it is appurtenant.

The word "lot" may mean either any lot as platted, or any tract or tracts of land as conveyed which may consist of one or more lots, or part or parts of one or more lots, as platted, and upon which a residence may be erected in accordance with the restrictions hereinafter set forth, or as set forth in the individual deeds from the Developer or from its successors and assigns. A corner lot shall be deemed to be any lot as platted, or any tract of land as conveyed, having more than one street contiguous to it.

PERSONS BOUND BY THESE RESTRICTIONS
All persons and corporations who now own or shall hereafter acquire any interest in the above described lots hereby restricted shall be taken to hold and agree and covenant with the owner of said lots, and with its successors and assigns, to conform to and observe the following covenants, restrictions and stipulations as to the use thereof and the construction of residences and improvements thereon for a period of time ending on January 1, 2008 provided, however, that each of said restrictions shall be renewable in the manner hereinafter set forth.

 
SECTION 1. USE OF LAND.
None of the lots hereby restricted may be improved, used or occupied for other than private residence purposes, and no flat or apartment house, though intended for residence purposes, may be erected thereon. Any residence erected or maintained on any of the lots hereby restricted shall be designed for occupancy by a single family. No business outbuilding shall be erected, nor business of any nature conducted on the land herein described, nor shall anything be done thereon which may be or become a nuisance to the neighborhood provided, always however, that the Developer reserves the right to maintain a residential real estate sales office and/or other temporary buildings upon any of the herein restricted lots owned by it for the purpose of a construction office, or promoting, advertising for sale, showing, and selling lots, either improved or unimproved, within CHERRY CREEK during its development.

SECTION 2. PERMITTED HEIGHT OF RESIDENCES.
Any residence erected on any of the lots hereby restricted shall not be more than two (2) stories in height, provided, however, that a residence more than two (2) stories in height may be erected thereon with the consent in writing of the Developer.

SECTION 3. FRONTAGE OF RESIDENCES ON STREETS
Any residence erected wholly or partially on any corner lot, or any part or parts thereof, shall front or present a good frontage on the street or streets designated by Developer, in its deed to said lot or part thereof.

It is provided, however, that if any part less than the whole of any corner lot is acquired by the owner of an inside lot contiguous to said corner lot, then, as to the part of such corner lot so acquired, the provisions hereof requiring a residence erected on a corner lot to front or present a good frontage on the street or streets designated by the Developer, shall not be operative, but the part of the corner lot so acquired shall be deemed to be a part of the inside lot to which it is contiguous, as to the restrictions governing the frontage of the residence on the street, and said part of any such corner lot so acquired shall be subject to the restrictions applicable to the inside lot.

SECTION 4. SETBACK OF RESIDENCES FROM STREET.
No part of any residence or fence, except as hereinafter provided, may be erected or maintained on any of the lots hereby restricted, nearer to the front street or the side street than is the front building or the side building line shown on said plat of CHERRY CREEK, on the lot or lots in which such residence may be erected, provided, however that the Developer shall have and does hereby reserve the right in the sale and conveyance of any of said lots, to change any building line shown thereon, and may at any time with the consent in writing of the then record owners of the fee simple title to any such lot, change any such building line which is shown on said plat, on any such lot or lots, or which may in such sale and conveyance be established by it.

The rights herein above reserved to the Developer to change the location of the building lines shown on the plat shall be exercised only after the proposed change shall have been approved by the City of Leawood.

Those parts of the residence which may project to the front or side of and be nearer to the front streets and the side streets than the front building lines and the side building lines shown on said plat, and the distance which each may project, are as follows:

(1) Window projections: Bay, bow or oriel, dormer and other projecting windows may project, beyond the front building lines and the side building lines not to exceed three (3) feet.
(2) Miscellaneous Projections: Cornices, spoutings, chimneys, brackets, pilasters, grille work, trellises and other similar projections, and any other projections for purely ornamental purposes, may project beyond the front building lines and side building lines not to exceed four (4) feet.
(3) Vestibule projections: Any vestibule not more than one (1) story in height may project beyond the front building lines and the side building lines not to exceed five (5) feet.
(4) Cantilever Projections: Upper stories on any dwelling may project beyond the front building lines and the side building lines not to exceed three (3) feet.
SECTION 5. REQUIRED SIZE OF RESIDENCE
Any residence erected on any lot in CHERRY CREEK of Leawood shall contain a minimum of 2,200 square feet of enclosed floor area. Any residence one and one-half (1 1/2) stories in height erected on any of said lots, shall contain a minimum of 2,600 square feet of enclosed floor area, of which at least 1,700 square feet shall be on the first floor. Any residence two (2) stories in height shall contain a minimum of 2,800 square feet of enclosed floor area, of which at least 1,400 square feet shall be on the first floor.

The words "enclosed floor area" as used herein shall mean and include, in all cases, areas on the first and second floor of the residence enclosed and finished for all-year occupancy, computed on the outside measurements of the residence and shall not mean or include any areas in basement, garages, porches, or attic.

No residential building designed as a "ranch with basement garage" or a "side-by-side split level" residential building shall be constructed on any lot within the district. The Developer, or the Homes Association, whichever may be the case, shall not be liable for any discretionary approval, disapproval or failure to approve any matter submitted for their or its approval as required by the provisions of this Declaration. The developer reserves the absolute and incontestable right to determine whether any bi-level residence violates the meaning of the provision and further whether the enclosed floor area of any bi-level residence (as distinguished from traditional one and one-half (1 1/2) or two (2) story residences), and/or the enclosed floor area on the first floor thereof, meets the minimum requirements provided for hereunder, and such determination shall be final. The Developer hereby also reserves the right to reduce any of the enclosed floor area requirements set forth above.

SECTION 6. FREE SPACE REQUIRED
The main body of any residence, including attached garages, attached green houses, ells, and porches, enclosed or unenclosed, covered or uncovered, but exclusive of all other projections set forth in Section 4, erected or maintained on any of the lots hereby restricted or on any parts or parts thereof, as shown on the aforesaid plat, shall not occupy more than eighty percent (80%) of the width of the lot on which it is erected, measured in each case on the front building line as shown on the aforesaid plat, or as established by the Developer in the conveyance of any lot, or on such front building line produced to the side lines of the lots, whichever line is of greater length, without the approval in writing of the Developer.

SECTION 7. RIGHT TO APPROVE PLANS.
No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building has been approved in writing by the Developer as to conformity and harmony of external design with existing structures in the subdivision; and as to location of the building with respect to topography and finished ground elevation.

Upon any such request for approval the party requesting such approval shall submit simultaneously with said request the following documentation:

(a) Four exterior elevations delineating front elevation, back elevation, and both side elevations.
(b) A site plan of the house as it will sit on the lot showing elevation of top of foundation at its highest point in relation to curb immediately in front of lot.
(c) Floor plan.
(d) A list of all exterior materials to be used which will include roof, masonry, siding and windows.
(e) A landscape plan showing proposed planting for the yard.
(f) A schedule of exterior colors to be used.
The documentation listed above is intended only as a minimum requirement and the Developer shall be free to request any and all other documentation that in its sole discretion deems necessary. All such documentation shall be submitted in duplicate and shall be signed by the party requesting its approval.

Anything in this Declaration of Restrictions to the contrary notwithstanding, the Developer, its successors and assigns, shall have, and do hereby reserve, the right to determine the location of all buildings upon the respective lot or lots, except as it may be restricted in the making of such determination by the provisions of Sections 4 and 6 herein, and the relation of the top of the foundation thereof to the street level.

SECTION 8. MAINTAINING SIGHT DISTANCE.
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the roadway easement and a line connecting them at points twenty-five (25) feet from the intersection of the roadway easement, or in the case of a rounded property corner, from the intersection of the roadway easement extended. The same sight-line limitation shall apply on any lot within ten (10) feet from the intersection of the roadway easement with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

SECTION 9. REQUIRED BUILDING MATERIALS.
Exterior walls of all buildings, structures, and appurtenances thereto shall be of brick, stone, wood shingles, wood siding, wood paneling, plate glass, stucco or a combination thereof. Manufactured stone, masonite standard board and batt with 16 inch centers, and lava rock for exterior walls is prohibited. Windows, doors, and louvers shall be of wood or colored metal and glass. Roofs shall be covered with wood shingles, wood shakes (medium or heavier, hand split) slate or tile. Any building products which may come into general usage for dwelling construction in this area after the date of these restrictions shall be acceptable if approved in writing by the Developer. All wood exteriors, except roofs and shake sidewalls shall be covered with a workmanlike finish of paint and/or stain, unless another finish is approved in writing by the Developer. Any areas of exposed foundation shall be covered with one or more of the approved materials for exterior walls herein before described or painted the same color as the exterior walls adjoining said foundation.

No excavation, foundations, footings, building or any other form of improvement shall be permitted to remain in an unfinished condition for longer than three months after commencement of construction. In the event of fire, windstorm, or other damages, no building shall be permitted to remain in damaged condition longer than three months. Any owner of a structure in violation of this section may, in the discretion of the Developer, be assessed a fine of from one dollar ($1.00) to one hundred dollars ($100.00) per day for every day the violation continues.

The fine provided for herein if not paid when due by said owner, shall become a lien upon the real estate upon which the structure in violation of this section is located, 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 upon said real estate. Said fines shall be due thirty (30) days from the date of notification of the then record owner of any lot upon which the violation occurs, and if not paid within said thirty day period, shall bear interest at the rate of ten percent (10%) per annum until paid. Any such interest accruing shall also be a lien upon the real estate and all such liens may be enforced by the Developer or Homes Association in any court in Johnson County, Kansas, having jurisdiction of suit for the enforcement of such liens.

SECTION 10. COMMENCEMENT OF CONSTRUCTION.
Construction of the residential building on a lot within the district shall be commenced within one (1) year following the date of delivery of a Warranty Deed from the Developer to the purchaser of such lot. In the event such construction is not commenced within such one (1) year period, Developer shall have, prior to commencement of construction, the right to repurchase such lot from such purchaser at its original sale price. No owner of a lot in violation of this construction provision shall be entitled to reimbursement for taxes, interest or other expenses paid or incurred by such owner.

SECTION 11. LANDSCAPING AND LAWNS.
At the time of construction of each residential building, the owner shall landscape the lot to the same standards as that generally prevailing throughout the district and similar subdivisions in the area. However, under no circumstances shall the amount allocated to landscaping (excluding sod) be less than One Thousand, Five Hundred Dollars ($1,500.00). Prior to occupancy, all lawns, including all areas between each residential building and any adjacent street, regardless of the existence and location of any fence, boundary wall, berm, sidewalk or right-of-way line, shall be fully sodded, except in such areas designated by Developer to be left as natural area, and each lot shall be fully and completely landscaped pursuant to the landscape plan herein provided in Section 7 hereof. The owner of each lot at all times shall keep his lawn, including areas between his residence and any adjacent street, fully sodded, and keep such lawn uniformly mowed and clipped with a length of grass not to exceed four (4) inches.

SECTION 12. OUTBUILDINGS PROHIBITED
No building or other detached structures appurtenant to the residence may be erected on any of the lots hereby restricted without the consent in writing of the Developer.

SECTION 13. FENCES AND WALLS.
No fence or wall shall be erected, constructed, or maintained upon any of the lots hereby restricted without written approval as to material, shape, location, and height by the Developer and said Developer shall have complete discretion with regard to such approval, provided however that said Developer shall not approve any fence or wall that violates Section 2-7 of the Development Ordinance of the City of Leawood, Kansas, which regulates the construction and maintenance of fences and walls on residential property in the city of Leawood, Kansas. On the street side of a corner lot, no fence can extend beyond the width of the house nor may attach to anything other than the rear corner of the residence. In no event will any chain link fences or dog runs be erected, placed or maintained upon any of the lots hereby restricted.

No fence or obstruction of any kind shall be erected or constructed within the boundaries of drainage easements shown and identified as such on the recorded plat of CHERRY CREEK.

SECTION 14. LIVESTOCK AND POULTRY PROHIBITED.
No livestock or poultry may be kept or maintained upon all of the lots hereby specifically restricted without the consent of the Developer.

SECTION 15. SOLAR COLLECTORS PROHIBITED.
No solar collectors of any kind or type may be erected or maintained upon all of the lots hereby specifically restricted without the consent of the Developer.

SECTIONS 16. ABOVE GROUND SWIMMING POOLS PROHIBITED.
No above ground swimming pools may be maintained upon any of the lots hereby restricted.

SECTIONS 17. STORAGE TANKS PROHIBITED.
No tank for the storage of fuel or other liquids may be maintained above the surface of the ground on any of the lots hereby restricted, without the consent in writing of the Developer.

SECTION 18. OUTSIDE ANTENNAS PROHIBITED.
No radio or television transmitting or receiving antenna or other related communication equipment may be erected or maintained outside of any residence on any of said lots without the consent in writing of the Developer. However, a receiving antenna used to receive direct brocast Satellite (DBS) signals which is less than 39 inches in diameter may be erected so long as the antenna is used solely for the personal use of the property owner and placement is approved in writing by the Developer.

SECTION 19. BILLBOARDS PROHIBITED.
No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any of the lots hereby restricted. However, permission is hereby granted for the erection and maintenance of not more than one (1) advertising board on each lot or tract as sold and conveyed, which advertising board shall not be more than five (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 they are erected; and provided further, that nothing in this section shall be construed to prohibit the erection of subdivision entrance structures, street signs, and informational signs by the Developer, its grantees, assignees, or licensees at such place or places as it or they may determine, which structures may or may not display the name of said subdivision.

SECTION 20. AUTOMOBILE, REPAIRING AND STORAGE OF AUTOMOBILES, BOATS, TRAILERS, ETC.
No automotive repair or rebuilding of any other form of automotive manufacture, whether for hire or otherwise, shall occur on any of the lots hereby restricted except that automotive repairs on a non-commercial basis and not for hire may be conducted in any enclosed garage built on the said premises and permitted under other provisions of these restrictions.

No automobile, truck, motorcycle, motorbike, motor scooter, boat, airplane, house trailer, boat trailer, camping trailer, motor home, or vehicle of any other type or description may be stored upon any of the lots hereby restricted except that such storage (except storage for hire) shall be permitted within the confines of any building built on any of the lots hereby restricted and permitted under other provisions of these restrictions. Nothing in this section, however, shall be so construed as to prohibit the regular parking of not more than two (2) automobiles of any type (including pick-up trucks) in running condition and in a reasonable state of repair and preservation on any driveway permitted to be maintained on any of the lots hereby restricted. No automobile may be parked or stored upon any street adjoining any lot within the district.

SECTION 21. EASEMENTS.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of CHERRY CREEK.

SECTION 22. DURATION OF RESTRICTIONS.
Each of the restrictions herein set forth shall continue and be binding upon the Developer, and upon its successors and assigns, until January 1, 2012, 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 more than sixty percent (60%) of the front feet of all of the lots hereby specifically restricted, and set forth in this instrument, may release all of the land which is hereby restricted from any one or more of the restrictions herein set forth, on January 1, 2012, or at the end of any successive five (5) year period thereafter, by executing and acknowledging an appropriate agreement or agreements in writing for such purpose and filing the same for record in the office of the Register of Deeds of Johnson County, Kansas, prior to January 1, 2012, or at lease ten (10) days prior to the expiration of any successive five (5) year period after January 1, 2012.

SECTION 23. HOMES ASSOCIATION MEMBERSHIP
The owner of each building site to which these restrictions and covenants apply is a member in the Cherry Creek Homes Association entity and is to participate in the conduct and operation of the Association. The Bylaws of the Cherry Creek Homes Association are made a part of these restrictions by reference and a copy of which is included in Appendix A.

SECTION 24. MISCELLANEOUS.
(1) 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 therefrom of motor vehicles.
(2) Exterior clothes lines and poles: no exterior clothes lines or poles may be erected or maintained on any of the lots hereby restricted.
(3) 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.
(4) 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 WOODSTONE, INC.
(5) Dogs running at large: Dogs shall be confined. No dogs shall be allowed to run at large on the property hereby restricted.
(6) 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 WOODSTONE, INC.
SECTIONS 25. RIGHT TO ENFORCE.
The restrictions herein set forth shall run with the land and bind the present owner, its successors and assigns, and all parties claiming by, through or under it shall be taken to hold, agree and covenant with the owner of the lots hereby restricted, and with 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 constructions of improvements thereon, but no restrictions herein set forth shall be personally binding on any corporation, person or persons, except in respect of breaches committed during its, his or their seizing of, or title to said land; and the Developer, its successors and assigns, and also the owner or owners of any of the lots hereby restricted shall have the 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 failure of the Developer, its successors or assigns, or of any owner of any lot or lots hereby restricted 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. The Developer may, by appropriate agreement made expressly for that purpose, or by means of express words to that effect, contained in a deed to any lots restricted hereby, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it in respect to all or any part of said lots, and upon such assignment or conveyance being made, its assigns or grantees may at their option exercise, transfer or assign these rights, or any one or more of them, at any time or times, in the same way and manner as though directly reserved by them, in this instrument.

SECTION 26. MAINTENANCE OF LOT.
Each owner agrees by acceptance of a deed to property hereby restricted, to maintain said property and all improvements thereupon including, without limitation, the cutting, trimming of all lawn areas and necessary care and maintenance of all plantings upon said property.

IN WITNESS WHEREOF, WOODSTONE, INC., has caused these presents to be executed by its respective President and Secretary and its corporate seal to be hereto affixed this 15 day of May, 1997.

WOODSTONE, INC.

Paul J. Robben, President

STATE OF KANSAS

COUNTY OF JOHNSON

BE IT REMEMBERED that on this 15 day of MAY, 1997, before me, a Notary Public in and for said county and state, personally appeared PAUL ROBBEN who are personally known to me to be the same persons who executed the above and foregoing instrument in writing, and acknowledged the execution of the same as their fore act and deed.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

Anna L. Miller

Notary Public

Expires: 11/22/97

 
Appendix A - BYLAWS OF THE CHERRY CREEK HOMES ASSOCIATION
ARTICLE I: Name and Office
The name of the corporation is Cherry Creek Homes Association, Inc., hereinafter referred to as the "Association". The principle office of the Association shall be located in Leawood, Kansas. The Registered Office of the Association, required by The General Corporation Code of Kansas, may be, but not need be, identical with the address of its Principal Office in the State of Kansas, and the Registered Office may be changed from time to time by the Board of Directors.

ARTICLE II: Definitions
Section 1. "Association" shall mean and refer to CHERRY CREEK HOMES ASSOCIATION, INC., its successors and assigns.

Section 2. "Lot" is defined to mean and refer to any plot of land shown upon any recorded subdivision plat of the Property with the exception of the common areas.

Section 3. "Member" shall mean and refer to Owners entitled to membership as provided in the Bylaws.

Section 4. "Owner" is defined to mean the record owner, whether one or more persons or entities, have a fee simple title to any Lot which is a part of the Property but excluding any person or entity having such interest merely as security for the performance of an obligation.

Section 5. "Property" is defined to mean all of that real property described in the Declaration of Restrictions and which are incorporated herein by reference as though fully set forth together with any additions hereinafter made thereto.

ARTICLE III: Membership
Section 1. Membership. Individual Owner. 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, as the term "District" is defined in the Articles of Incorporation of the Cherry Creek Homes Association (the "Association") shall be eligible to membership in this Association. Upon transfer, conveyance, or sale of all of any owner's interest in said above described tract, said owner's membership in the Association shall thereupon cease and terminate.

Section 2. Membership. Multiple Owners. In case the legal title to any large tract of land in the District is held in any form of joint tenancy or tenants in common, the owners thereof shall be eligible to membership but shall jointly have the right to cast 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 a member in their stead, and he shall thereupon become eligible to membership.

Section 3. Membership. Corporation Owner. In case the legal title to any lot or tract of land in the District is held by a corporation, the Board of Directors of such corporation, its President, or its Vice President may designate in writing one of its officers, members or employees as its member representative, who shall thereupon become eligible to membership.

Section 4. Membership. Voting Rights. 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. Each member shall have the right to one vote for each lot in which they hold the interest required for membership. In the event a Member is in default in payment of any assessment levied by the Association for a period of thirty (30) days or more, the Board of Directors shall exercise its power to suspend the Member's voting rights in accordance with Article VII. Section 1 hereof. A Member's voting rights shall be reinstated at such time as payment of the assessment has been made in full.

Section 5. Duration of Membership. Membership in the Association may continue only during the ownership of any lot or tract of land in the District by the member or person or party whom he represents as herein provided.

Section 6. Assessments: When. On What Lots and Amount. The annual assessment is set at four hundred dollars ($400) effective June 1, 1993. The assessments have been established for maintenance costs and needs of the Association. Thereafter the Board of Directors under its own power may increase the annual assessment no greater than ten (10) percent per year. The Board of Directors having fixed the annual assessment and effective date shall maintain a roster of the properties and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any owner. Written notice of the amount of the annual assessment shall be sent to every owner subject thereto at least thirty (30) days in advance. The Association shall upon demand at anytime furnish to any owner liable for such assessment, a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Any increase in the annual assessment that is greater than ten (10) percent shall be voted upon by the Members at the annual meeting of the Association. The notice sent to the Members of the annual meeting shall set forth that one of the items to be voted on will be the proposed increase in the annual assessment. Any such proposed increase will then require approval by two-thirds (2/3) of the votes of those Members who are voting in person or by proxy at the meeting.

Assessments for all unimproved lots and improved lots held by Builders, Developers or other third parties shall be prorated. However such prorated assessment shall not include fees for trash pick-up or recycling.

Section 7. Special Assessments. Special assessments up to one hundred dollars ($100) per lot per fiscal year for maintenance and for extraordinary or unforeseen needs of the Association may be determined by the Board of Directors of the Association. Any special assessment greater than one hundred dollars ($100) per lot per fiscal year shall be voted upon by the Members at the annual meeting or a special meeting. The notice sent to the Members for the annual or special meeting shall set forth that one of the items to be voted on will be for the proposed special assessment that is greater than one hundred dollars ($100) per lot for a fiscal year. Any such increase will then require approval by two-thirds (2/3) of the votes of those Members who are voting in person or by proxy at the meeting.

Special assessments may be collected in monthly installments or may be collected as one assessment or in installments as determined by the Board of Directors of the Association.

Section 8. The Secretary shall keep a 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.

Section 9. Proxies. Proxies shall be in writing and signed by the Members executing them or by their duly authorized attorney-in-fact. No proxy shall be valid after one (1) month from the date of its execution, unless otherwise specifically provided in the proxy.

ARTICLE IV: Meeting of Members
Section 1. Annual Meetings. The annual meeting of the Members shall be held during the first quarter of the calendar year. The specific date of the annual meeting shall be determined by the Board of Directors.

Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President, or Vice President, or Secretary, or by the majority of the Board of Directors, or shall be called by the President upon written request of Members equaling one-fourth (1/4) of all the Members entitled to vote at such meeting. The request of the Members shall state the purpose or purposes of the meeting and shall be delivered to the President.

Section 3. Notice of Meetings. Written notice of Annual and Special meetings 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 30 days before such meeting to each Member entitled to vote thereat, 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. In all such cases, the mailing of the notice shall be considered as the notice required to be given; and notices need only be given to Members appearing as such on the books of the Association.

Section 4. Quorum. The presence at the meeting of Members entitled to vote, or of proxies entitled to cast, one-tenth (1/10) of the votes of membership shall constitute a quorum for any action except as otherwise provided in the Article of Incorporation, or these Bylaws (specifically the quorum for action relating to annual assessments in Article III, Section 6). In the absence of a quorum, either a majority of the Members entitled to vote, present in person or by proxy, or any officer entitled to preside or act as Secretary of such meeting may adjourn the meeting from time to time for a period not exceeding ninety (90) days in any one case, and no notice need be given of such adjournment to Members not present at the meeting except as otherwise provided in the Articles of Incorporation or these Bylaws (specifically the quorum for action relating to annual assessments in Article III, Section 6). At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called.

Section 5. Actions of Members Without a Meeting. Any action required by the General Corporation Code of Kansas to be taken at a meeting of the Members of the Association, or any action which may be taken at a meeting of the Members may be taken without a meeting if consents in writing, setting forth the action so taken, shall be signed by two-thirds (2/3) of the Members entitled to vote with respect to the subject matter thereof. The Secretary shall file such consents with the Minutes of the meetings of the Members.

Section 6. Voting. 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. Each Member shall have one vote for each lot in which they hold the interest required for membership. All votes shall be by ballot unless waived by unanimous consent.

ARTICLE V: Board of Directors
Section 1. Number. The affairs of this Association shall be managed by a Board of nine (9) directors, who shall be Members of the Association.

Section 2. Qualification. All Directors shall be bona fide residents of the District and shall at all times be members of the Association in good standing. The term "good standing" as applied to a member shall mean one who has paid his annual assessment for the current year in a timely manner and has no prior assessment outstanding on his property.

Section 3. Term of Office. Except for the initial Directors provided for in the Articles of Incorporation, Directors shall be elected by ballot at the annual meeting of the Members. The initial Board of Directors shall serve until the first annual meeting of the Members, at which time elections shall be held to fill all nine (9) Board of Director positions. Three (3) directors shall serve for a period of three (3) years, three (3) directors shall serve for a period of two (2) years and three (3) directors shall serve for a period of (1) year. At each annual election thereafter, there shall be elected a number of Directors necessary to fill the vacancy of the retiring Directors.

Section 4. Vacancies. Any vacancy occurring in the Board of Directors shall be filled by selection of a current Member of the Association. This selection shall be done by the remaining Board of Directors. A Director selected to fill a vacancy shall be elected by the Board of Directors for a term expiring at the next annual meeting of the Members of the Association. The Members at such meeting shall then elect a Director for the unexpired term of the preceding Director.

Section 5. Removal. If, in the opinion of the majority of the Board of Directors, a member of the Board is not fulfilling his/her duties as a member of the Board, a majority vote may remove that Director and, replace him/her as provided for in section 4 of this article.

Section 6. Compensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.

Section 7. 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 Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors.

Section 8. 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 (2) 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 meeting until the close of the next annual meeting and such 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 then are to be filled.

Section 9. 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 provision of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

ARTICLE VI: Meeting of Directors
Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held once a month, at such times and place as The Board of Directors may designate. Notice of the regular meeting of the Board of Directors shall be given.

Section 2. Special Meetings. Special meetings of the Board of Directors may be held at any time as called by the Secretary, or the President, or the Vice President or the majority of the Board of Directors, by written notice mailed to the last known address of the Directors at least five days before the date of the meeting, stating the time, place and purpose of the meeting. The mailing of such notice shall be considered as the notice required to be given. Written notice of any meeting may be served by any one personally upon the directors at least three days before such meeting in lieu of mailed notice.

Section 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.

Section 4. Proxies. No Director may vote by proxy at any Directors' meeting. No Director shall be permitted to vote at any Directors' meeting unless he is present at the meeting.

ARTICLE VII: Powers and Duties of the Board of Directors
Section 1. Powers. The Board of Directors shall have the power to:

(a) Suspend the voting rights 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 60 days for infraction of published rules and regulations;
(b) 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 Bylaws or the Articles of Incorporation;
(c) 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 regular meetings of the Board of Directors; and
(d) Employ a manager, an independent contractor, or such employees as they deem necessary, and to prescribe their duties.
Section 2. Duties. The Board of Directors shall conduct, manage and control the property and affairs of the Association and shall make all necessary rules and regulations for the guidance of officers and management for the property and affairs of the Association, not inconsistent with the laws of the State of Kansas or the United States. They shall cause to be kept a complete record of all of their acts and proceedings, and of the proceedings of the Members. At each annual meeting, they shall present a complete detailed statement showing the assets, liabilities and general condition of the Association. They shall also cause to be kept a complete record of all of the finances of the Association showing all receipts and expenditures, assets and liabilities.

They shall employ and discharge at will, all agents, servants and employees of the Association, describe their duties, fix their compensation, 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 otherwise provided herein. They shall duly perform any other duties that may be prescribed for them by the Members of the Association at any regular of special meeting.

Additionally, it shall be the duty of the Board of Directors to:

(a) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
(b) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same;
(c) 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 cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; and
ARTICLE VIII: Officers and Their Duties
Section 1. Enumeration of Offices. The officers of this Association shall be a President, Vice President, Secretary and Treasurer who shall at all times be members of the Board of Directors. The officers of the Association shall be elected by and hold office at the will of the Board of Directors. The Board of Directors may also, from time to time, name additional officers who shall hold office at the will of the Board of Directors. The office of the Secretary and Treasurer may be held by the same person.

Section 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.

Section 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.

Section 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.

Section 5. Resignation and Removal. The Board of Directors may remove any officer or employee at pleasure, and any vacancy caused by removal, resignation, death, cessation of membership in the Association on any other cause whatever, may be filled by the Board of Directors as it may deem advantageous. 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 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.

Section 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.

Section 7. Duties. The duties of the officers are as follows:

(a) President. The President shall preside over all meetings of the Members and Directors, shall sign all instruments of writing to be executed by the Association, and he shall perform such other duties as may be conferred upon him by the Board of Directors, but his authority shall be subject to the control and direction of the Board of Directors at all times.
(b) Vice President. The duties of the Vice President shall be to do and perform all of the duties of the President in the absence or inability of the President and to fulfill such other duties as are delegated to him by the Board of Directors or the President.
(c) Secretary. The duties of the Secretary shall be to keep a permanent and complete record of all proceeds of each meeting of the Board of Directors and the Members of the Association and to keep the officers informed of all such proceedings whenever called upon; to call special meetings of the Board of Directors and of the Association members whenever requested by the President or the Vice President or the majority of the Board of Directors: 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 a Secretary. In the case of failure, absence, inability or refusal of the Secretary to perform his duties, the President may appoint someone to act in his stead until the next meeting of the Board of Directors. In such event, the Secretary shall turn over to his successor in office all papers, records, books and other property belonging to the Association.
(d) Treasurer. The duties of the Treasurer shall be to receive and deposit in such banks or bank as the Board of Directors may, from time to time, direct, all monies belonging to the Association; to keep a true and detailed account of all monies received and paid out; to make a financial report in writing at each annual meeting of the Association members, and at any special meeting of the Association members whenever he may be requested to do so, and to make such a report at any meeting of the Board of Directors whenever requested; to turn over to his successor in office, all monies, records, 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 8. Compensation. Officers shall not receive any compensation or salary for their services unless otherwise provided by the Board of Directors.

ARTICLE IX: Committees and Advisory Directors
Section 1. Committees and Advisory Directors. The Association may have such committees, including standing committees, and advisory directors as may be deemed appropriate by the Board of Directors. Each such committee and board of advisory directors shall have and may exercise such powers as may be delegated to the committee and board of advisory directors by the Board, and shall serve at the will of the Board for any term established by the Board; provided, however, that the Board may not delegate to any committee or board of advisory directors any authority in the management of the Association or any responsibilities of the Board expressly provided in these Bylaws.

Section 2. Membership. The membership of any committee of the Association of board of advisory directors shall be designated by vote of at least a majority of the Directors then in office. Any such committee or board of advisory directors may be composed of such individuals as the Board may determine. Each member of any committee or board of advisory directors shall serve at the pleasure of the Board of Directors.

ARTICLE X: Books and Records
Section 1. Access. The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any member at the principle office of the Association, where copies may be purchased at reasonable cost.

ARTICLE XI: Execution of Instruments
Section 1. Execution of Instruments Generally. All documents, instruments or writings of any nature shall be signed, executed, verified, acknowledged and delivered by such officer or officers or by such agent or agents of the Association and in such manner as the Board of Directors from time to time may determine.

Section 2. Checks. Drafts and Other Documents. All notes, drafts, acceptances, checks, endorsements and all evidence of indebtedness of the Association whatsoever, shall be signed by such officer or officers or by such agent or agents of the Association and such manner as the Board of Directors from time to time may determine. Endorsements or instruments for deposit to the credit of the Association in any of its duly authorized depositories shall be made by rubbers stamp of the Association or in such other manner as the Board of Directors may from time to time determine.

ARTICLE XII: Assessments
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 Member shall be charged a fee in the amount of Ten Dollars ($10.00) and the assessment shall bear interest from the date of delinquency at the maximum rate allowed by law in the State of Kansas, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No one may waive or otherwise escape liability for the assessments provided for herein by nonuse of the common area or by abeyance or abandonment of any claim to or interest in a Lot.

ARTICLE XIII: Corporate Seal
The Association shall have a seal in circular form having within its circumference the words: CHERRY CREEK HOMES ASSOCIATION, INC., KANSAS.

ARTICLE XIV: Amendments
These Bylaws may be altered, amended, added to or repealed at any Association meeting by a two-thirds (2/3) vote of those present or of proxies entitled to cast, if there be a quorum, or at any Directors' meeting by a three-fourths (3/4) vote of those present, provided that a quorum is present. The Membership shall be notified in writing of any changes to the Bylaws.

ARTICLE XV: Indemnification
The Association will indemnify to the fullest extent legally permissible under the General Corporation Code of the State of Kansas, as amended, any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigative by reason of the fact that the person is or was a director, officer, employee or agent of the Association or is or was serving at the request of the Association as a Director, officer, employee or agent of another association, partnership, joint venture, trust or other enterprise, against expenses, including attorney's fees, judgements, fines and amount paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding.

ARTICLE XVI: Miscellaneous
Section 1. Fiscal Year. The fiscal year of the Association shall begin on the first day of June and end on the 31st day of May of every year except that the first fiscal year shall begin on the date of incorporation.

Section 2. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws of the intent of any provision thereof.

Section 3. Gender. The use of the masculine gender in these bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

Section 4. Construction. These Bylaws are intended to comply with all the applicable provisions of Kansas Law and shall be so interpreted and applied.

CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify:

(1) That I am the duly elected and acting secretary of Cherry Creek Homes Association, Inc., a not-for-profit Kansas corporation; and

(2) That the foregoing bylaws constitute the original bylaws of said corporation, as duly adopted at the first meeting of the Board of Directors thereof duly held on the day of 1992.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the said corporation this day of 1992.

Secretary

(SEAL

DECLARATION OF RESTRICTIONS TO CHERRY CREEK, 4th PLAT
WHEREAS, WOODSTONE, INC., a Kansas Corporation (hereinafter referred to as "Developer") is the owner of all of the lots in CHERRY CREEK, 4th PLAT, a subdivision in Johnson County, Kansas, which plat was recorded in the office of the Register of Deeds of Johnson County, Kansas, in Book 99 of Plats at Page 27 as Document 2700822.

WHEREAS, the said Developer has heretofore dedicated to the public all of the streets and roads shown on said plat for the use by the public; and

WHEREAS, said Developer now desires to place certain restrictions on the following described land, to wit:

Lots 4-13, Block 1, CHERRY CREEK, 4th PLAT, a subdivision in the City of Leawood, Johnson County, Kansas.

(THIS DOCUMENT IS BEING RE-FILED TO CORRECT THE LEGAL DESCRIPTION)

NOW, THEREFORE, in consideration of the premises, WOODSTONE, INC., for itself and its successors, and assigns, and for its future grantees, hereby declares that all of the lots shown on the above-described plat shall be and they are hereby restricted as to their use in the manner hereinafter set forth.

DEFINITION OF TERMS USED
"Developer" shall mean Woodstone, Inc.
"Street" shall mean any street, road, drive, terrace, circle, boulevard, or avenue of whatever name as show on said plat of CHERRY CREEK.
"Outbuilding" shall mean an enclosed, covered structure, not directly attached to the residence to which it is appurtenant.
"Lot" may mean either any lot as platted, or any tract or tracts of land as conveyed which may consist of one or more lots, or part or parts of one or more lots, as platted, and upon which a residence may be erected in accordance with the restrictions hereinafter set forth, or as set forth in the individual deeds from the Developer or from its successors and assigns. A corner lot shall be deemed to be any lot as platted, or any tract of land as conveyed, having more than one street contiguous to it.
PERSONS BOUND BY THESE RESTRICTIONS
All persons and corporations who now own or shall hereafter acquire any interest in the above described lots hereby restricted shall be taken to hold and agree and covenant with the owner of said lots, and with its successors and assigns, to conform to and observe the following covenants, restrictions and stipulations as to the use thereof and the construction of residences and improvements thereon for a period of time ending on January 1, 2008 provided, however, that each of said restrictions shall be renewable in the manner hereinafter set forth.

SECTION 1. USE OF LAND. None of the lots hereby restricted may be improved, used or occupied for other than private residence purposes, and no flat or apartment house, though intended for residence purposes, may be erected thereon. Any residence erected or maintained on any of the lots hereby restricted shall be designed for occupancy by a single family. No business outbuilding shall be erected, nor business of any nature conducted on the land herein described, nor shall anything be done thereon which may be or become a nuisance to the neighborhood proved, always however, that the Developer reserves the right to maintain a residential real estate sales office and/or other temporary buildings upon any of the herein restricted lots owned by it for the purpose of a construction office, or promoting, advertising for sale, showing, and selling lots, either improved or unimproved, within CHERRY CREEK during its development.

SECTION 2. PERMITTED HEIGHT OF RESIDENCES. Any residence erected on any of the lots hereby restricted shall not be more than two (2) stories in height, provided, however, that a residence more than two (2) stories in height may be erected thereon with the consent in writing of the Developer.

SECTION 3. FRONTAGE OF RESIDENCES ON STREETS Any residence erected wholly or partially on the any corner lot, or any part of parts thereof, shall front or present a good frontage on the street or streets designated by Developer, in its deed to said lot or part thereof. It is provided, however, that if any part less than the whole of any corner lot is acquired by the owner of an inside lot contiguous to said corner lot, then, as to the part of such corner lot so acquired, the provisions hereof requiring a residence erected on a corner lot to front or present a good frontage on the street or streets designated by the Developer, shall not be operative, but the part of the corner lot so acquired shall be deemed to be a part of the inside lot to which it is contiguous, as to the restrictions governing the frontage of the residence on the street, and said part of any such corner lot so acquired shall be subject to the restrictions applicable to the inside lot.

SECTION 4. SETBACK OF RESIDENCES FROM STREET. No part of any residence or fence, except as hereinafter provided, may be erected or maintained on any of the lots hereby restricted, nearer to the front street or the side street than is the front building or the side building line shown on said plat of CHERRY CREEK... (Developer reserves the right to change building lines with City of Leawood approval).

Projections allowed:

Window projections: Bay, bow or oriel, dormer and other projecting windows may project beyond the building lines not to exceed three (3) feet.
Miscellaneous Projections: Cornices, spoutings, chimneys, brackets, pilasters, grille work, trellises... not to exceed four (4) feet.
Vestibule projections: Any vestibule not more than one (1) story in height may project... not to exceed five (5) feet.
Cantilever Projections: Upper stories on any dwelling may project... not to exceed three (3) feet.
SECTION 5. REQUIRED SIZE OF RESIDENCE Any residence erected on any lot in CHERRY CREEK of Leawood shall contain a minimum of 2,200 square feet of enclosed floor area. Any residence one and one-half (1.5) stories in height... shall contain a minimum of 2,600 square feet of enclosed floor area (at least 1,700 sq ft on the first floor). Any residence two (2) stories in height shall contain a minimum of 2,800 square feet (at least 1,400 sq ft on the first floor). No "ranch with basement garage" or "side-by-side split level" residential building shall be constructed on any lot within the district.

SECTION 6. FREE SPACE REQUIRED The main body of any residence... shall not occupy more than eighty percent (80%) of the width of the lot on which it is erected, measured on the front building line... without the approval in writing of the Developer.

SECTION 7. RIGHT TO APPROVE PLANS. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan... has been approved in writing by the Developer as to conformity and harmony of external design with existing structures in the subdivision.

SECTION 8. MAINTAINING SIGHT DISTANCE. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways, shall be placed or permitted to remain on any corner lot within the triangular area formed by the roadway easement and a line connecting them at points twenty-five (25) feet from the intersection.

SECTION 9. REQUIRED BUILDING MATERIALS. Exterior walls of all buildings, structures, and appurtenances thereto shall be of brick, stone, wood shingles, wood siding, wood paneling, plate glass, stucco or a combination thereof. Manufactured stone, masonite standard board and batt with 16 inch centers, and lava rock for exterior walls is prohibited. Roofs shall be covered with wood shingles, wood shakes, slate or tile.

SECTION 10. COMMENCEMENT OF CONSTRUCTION. Construction of the residential building on a lot within the district shall be commenced within one (1) year following the date of delivery of a Warranty Deed from the Developer.

SECTION 11. LANDSCAPING AND LAWNS. At the time of construction, the owner shall landscape the lot to the same standards as that generally prevailing throughout the district. Under no circumstances shall the amount allocated to landscaping (excluding sod) be less than $1,500.00. Prior to occupancy, all lawns shall be fully sodded.

SECTION 12. OUTBUILDINGS PROHIBITED No building or other detached structures appurtenant to the residence may be erected... without the consent in writing of the Developer.

SECTION 13. FENCES AND WALLS. No fence or wall shall be erected, constructed, or maintained upon any of the lots hereby restricted without written approval as to material, shape, location, and height by the Developer. In no event will any chain link fences or dog runs be erected.

SECTION 14 - 18. PROHIBITIONS. * 14. Livestock and Poultry: Prohibited without Developer consent.

15. Solar Collectors: Prohibited without Developer consent.
16. Above Ground Swimming Pools: Strictly prohibited.
17. Storage Tanks: Prohibited above ground without Developer consent.
18. Outside Antennas: Prohibited (Exception: DBS satellite dishes less than 39 inches with written approval).
SECTION 19. BILLBOARDS PROHIBITED. No signs, advertisements, billboards, or advertising structures... (Exception: One advertising board not more than 5 square feet for the sole purpose of advertising the lot for sale or lease).

SECTION 20. AUTOMOBILE REPAIRING AND STORAGE No automotive repair or rebuilding for hire allowed. No automobile, truck, motorcycle, boat, airplane, house trailer, camper, or motor home may be stored upon any of the lots except within the confines of an enclosed garage. Not more than two automobiles in running condition may be parked regularly on the driveway.

SECTION 21. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.

SECTION 22. DURATION OF RESTRICTIONS. Restrictions bind the Developer and successors until January 1, 2012, automatically continuing thereafter for successive five (5) year periods (unless released by owners of 60% of the front footage).

SECTION 23. HOMES ASSOCIATION MEMBERSHIP The owner of each building site is a member in the Cherry Creek Homes Association.

SECTION 24. MISCELLANEOUS. 1. Garage doors: Shall be kept closed except when parking or removing vehicles.

2. Exterior clothes lines: Prohibited.

3. Christmas lights: Permitted only during a 60-day period beginning November 15th.

4. Garage/Porch sales: Prohibited without prior written consent.

5. Dogs: Shall be confined; not allowed to run at large.

6. Exterior basketball goals: Prohibited without prior written consent.

SECTION 25 & 26. ENFORCEMENT & MAINTENANCE. Restrictions run with the land. Each owner agrees to maintain said property and all improvements thereupon, including cutting and trimming of all lawn areas.

 
APPENDIX A: BYLAWS OF THE CHERRY CREEK HOMES ASSOCIATION
ARTICLE I - Name and Office

The name of the corporation is Cherry Creek Homes Association, Inc. The principal office shall be located in Leawood, Kansas.

ARTICLE II - Definitions

Defines "Association", "Lot", "Member", "Owner", and "Property".

ARTICLE III - Membership

Section 1-3: Any person or entity holding legal title to a lot is eligible for membership.
Section 4. Voting Rights: Each member has one vote per lot. Voting rights can be suspended if assessments are delinquent for 30+ days.
Section 6. Assessments: The annual assessment is set at $400 effective June 1, 1993. The Board may increase the annual assessment no greater than 10% per year. Larger increases require a 2/3 vote of Members.
Section 7. Special Assessments: Up to $100 per lot per fiscal year may be determined by the Board. Greater amounts require a 2/3 vote of Members.
ARTICLE IV - Meeting of Members

Annual Meetings: Held during the first quarter of the calendar year.
Special Meetings: Can be called by the President, Vice President, Secretary, majority of the Board, or 1/4 of voting Members.
Quorum: Presence of Members or proxies entitled to cast 1/10 of the votes constitutes a quorum.
ARTICLE V - Board of Directors

Number: Nine (9) directors who must be bona fide residents and members in good standing.
Term: Staggered terms (1, 2, and 3 years) established after the initial board.
Removal: A majority vote by the Board can remove a director who is not fulfilling duties.
ARTICLE VI - Meeting of Directors

Regular meetings held once a month. A majority of Directors constitutes a quorum. No proxy voting allowed for Directors.

ARTICLE VII - Powers and Duties of the Board

Powers include suspending voting rights, exercising Association authority, declaring board vacancies, and employing a manager. Duties include managing property, fixing assessments, and foreclosing liens for non-payment.

ARTICLE VIII - Officers and Their Duties

Officers include President, Vice President, Secretary, and Treasurer (elected annually by the Board). They serve without compensation unless provided by the Board.

ARTICLE IX - XII: Administration & Assessments

Books and Records: Subject to inspection by any member during reasonable hours.
Assessments (Article XII): Delinquent after 30 days. Incurs a $10.00 fee plus interest at the maximum rate allowed by Kansas law. The Association may bring legal action or foreclose the lien.
ARTICLE XIII - XVI: Seal, Amendments, Indemnification & Miscellaneous

Amendments: Bylaws may be amended by a 2/3 vote at an Association meeting, or a 3/4 vote at a Directors' meeting.
Fiscal Year: June 1st to May 31st.