3411498pinewoodhomes.net/uploads/7/3/0/3/73036023/2015... · 3411498 s.—w, war twnded and...

3411498 s.—w, WAR TWNDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS,

AND HOME ASSOCIATION DECLARATION FOR PINEWOOD

This Declaration is made this 3é L day of,4r( / , 2002 by Pinewood Partners, L.L.C., a Kansas Limited Liability Company, hereafter called "Developer."

ARTICLE I STATEMENT OF INTENT

WHEREAS, Developer owns the real estate known as "Pinewood," situated in Johnson County, Kansas and legally described as follows:

Lots 1 through 64, inclusive, and Tracts C and D, THE RIDGE AT PINEWOOD, a subdivision in the City of Overland Park, Johnson County, Kansas and Lots 71 through 78, inclusive, THE RIDGE AT PINEWOOD, 2 PLAT, a subdivision in the City of Overland Park, Johnson County, Kansas, according to the recorded plats thereof.

and desires to provide for the preservation of values in the development of said property for residential purposes and for the maintenance of facilities, and therefore, desires to subject the above described property to covenants, restrictions, easements, charges, and liens hereinafter set forth which are for the benefit of said property. For this purpose, the real estate above described shall become associated and or affiliated with Pinewood Homes Association, a Kansas not-for-profit corporation, and

WHEREAS, Pinewood will be a subdivision of residential housing, as described throughout this Declaration.

WHEREAS, the Developer did file its original Declaration of Restrictions, Covenants and Home's Association Declaration for Pinewood at Book 6525 at Page 502, which was subsequently amended by an Amendment thereto recorded on December 12, 2001 at look 7490, 44, and the Developer has determined that it is necessary and desirable to amend such original Declaration of Restrictions in certaInrespects for the further implementation of the development plan and theme of Pinewood, pursuant to its right to do so.

WHEREAS, this Declaration is the Declaration of Restrictions for "The Ridge at Pinewood" referenced in the recorded plats for the above referenced property.

THEREFORE, the Developer desires that the real estate above described shall be held, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens hereinafter set forth.

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ARTICLE II DEFINITIONS

For the purposes of these Restrictions, the following words shall be defined as follows:

(I) "Association" shall mean and refer to the Pinewood Homes Association.

(2) "Approved Roof" shall mean and refer to the only roofing materials and construction techniques approved by the Developer which shalt consist and comprise of thick butt laminated composition shingle roof materials, such as the currently available 40 year guaranteed 131k Prestique - Weathered wood color system, or its equivalent which shall be approved in writing by the Developer, and/or it's assignees. Unless waived in writing by.Developer, there shall be no wooden shake shingles used on any of the Lots of Pinewood.

(3) "Common Properties" shall mean and refer to the private roads, trails, lake, and other open spaces in all phases of development of Pinewood to be held in the name of Developer or its successors and or the Association and dedicated to the common use and enjoyment of all the lot owners and residents of the Properties.

(4) "Developer" shall mean and refer to Pinewood Partners, L.L.C., a Kansas Limited Liability Company, it's successors and/or assigns.

(5) "Dwelling" shall and refer to any portion of a building situated upon a lot designed and intended for use and occupancy as a residence by a single family.

(6) "Front Property Line" shall mean the property line of any lot abutting the right of way line of any street.

(7) "Lot" shall mean and refer to any separately divided parcel, except any common property, as may be shown by the Plat of Pinewood.

(8) "Lot Owner" shall mean and refer to the record owner whether one or more persons or entities of the fee simple title to any lot situated upon the Properties but shall not mean or refer to the mortgagee unless such mortgagee has acquired title pursuant to foreclosure or any proceeding instead of foreclosure.

(9) "Member" shall mean and refer to all those lot owners who are members of the Association.

(10) "Outbuilding" shall mean an enclosed, covered structure not directly attached to the residence to which it is appurtenant.

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(11) "Property" shall refer to (a) all such existing properties as are subject to this Declaration, (h) to the extent Developer may, in its discretion, include the same, that property to he known as Lots 65 through 70 (inclusive) of THE RIDGE AT PINEWOOD, THIRD PLAT and (c) any addition to the residential community known as Pinewood which the Association may in its discretion include.

(12) "Street" shall mean the roads and rights of way therefor as shown on the Plat of Pinewood, subject to easements for utilities and held by the Developer or the Association for the use of the Members and Lot ownrs, their families and guests, and of public officials while acting in such capacity.

ARTICLE Ill USE OF LOTS

Section 1. Residential Use.

Only one single-family dwelling may be constructed upon any lot conveyed for residential purposes. Inside storage shall be provided for motor homes, trailers, boats, and other recreational vehicles, tractors and mowers. There shall be no businesses which are incompatible with the residential character of the Pinewood subdivision such as child care businesses; car, boat or vehicle sales; car, boat or other types of vehicle repair services; house rental (in excess of six months) room rental or other similar activities upon any Lot or Dwelling constructed thereon. Isolated sales and services will be allowed, such as annual garage sales only on the second to the last weekend in May and September. Any allowed home based business shall minimize customer traffic and employee parking. The Developer, or its designees may, however, maintain sales offices in any residence constructed.

Section 2. Lot Area.

Only one single family Dwelling may be constructed upon any tot conveyed for residential purposes.

Section 3. Setback Lines.

No structure or any part thereof, including garages and porches, shall be erected on any lot closer to the street line than the setback distances indicated in the Plat of Pinewood, except as provided in Section 6 hereof. Developer shall have the sole right under these Declarations and Restrictions to review and approve the placement of all stnictures on any lot.

Section 4. I)weUiigjze.

No Dwelling shall be constructed on any Lot unless it meets the following area requirements:

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(1) Ranch style (one story) and reverse story and a half dwellings (a ranch with finished basement) dwellings (one story) shall have a ground floor area of not less than 1 500 square feet on the ground floor.

(2) One and one-half story dwellings shalt have a ground floor area of not less than 1600 square feet and an overall area of not less than 2200 square feet, excluding however any basement area, whether finished or not.

(3) Two story dwellings shall have an overall area of not less than 2400 square feet, excluding however any basement area, whether finished or not.

Section S. Approval of Plans and Roofing Materials.

Construction shall not commence on any Dwelling and other improvements unless and until plot plans, architecture of structure, and building and elevations specifications, as well as details of fencing, landscaping have been first approved in writing by the Developer and or it's designee or assignee. All Dwellings and other improvements shall be constructed using an Approved Roof.

Section 6. Variances and Encroachments.

Notwithstanding anything herein to the contrary, the Developer shall have the right to permit reasonable modifications of the square footage requirements, not to exceed 10% as to Dwellings constructed; and setback requirements, not to exceed ten feet, unless such variance would be prohibited by governmental regulations. Any such modification or variance permitted shall be evidenced in writing or as a plan approval and shall be executed by the Developer, or the Association after it succeeds to the rights of the Developer.

Sect ion 7. Temporary Dwellings.

No structure of a temporary nature and no trailer, mobile home, basement, tent, garage, barn or other outbuilding shall at any time be used as a residence. No residence shall be moved from another location to any Lot herein.

S ection 8. Trash and Nuisances.

No trash, garbage, ashes, junk, junk cars, or other refuse or debris shall be thrown, dumped, or placed on any Lot, on the Streets, or the Common Properties, or be permitted to accumulate or remain on any Lot. Weeds and plants shall be kept seasonably mowed and dead or unsightly growth removed on improved lots.

No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

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It is understood that Developer shall retain the right to keep and maintain such materials and equipment they deem to be reasonably necessary to further development of this and any adjacent property owned by Developer or its successors.

Section 9. Livestock and Animals.

No livestock, animals or poultry of any kind shall be kept or allowed to stay on any lot, except dogs, cats, or other household pets, which must remain in their Lot Owners yard and not he a menace to the neighborhood.

Section 10. Driveways.

All driveways shall be hard surfaced with concrete or pea gravel mix (with a substantial base) and of such construction so as to be equal or better in appearance than the general road system serving the Lots. No asphalt materials shall be used for sidewalks, walks or driveways.

Section Ii. Fencing - Fences.

All fencing or fences installed during the construction of a residence, or installed anytime thereafter must first be approved in writing by the Developer. The Lot owner shall always keep fencing well maintained and painted. No fences shall be located any more forward in a Lot than the rear line of the Dwelling on the Lot. All fencing shall be subject to Developer's review and written approval pursuant to Article VII, Section 1. In no event will chain link fences or dog run fencing using any type of materials he allowed.

Section 12. Utilities.

All utilities from Developer's source into building sites shall be underground.

Section 13. Sodding.

All portions of yards shall he sodded up to the street curb. Sod lawns must be bluegrass or fescue, no zoysia or Bermuda grass lawns will be approved.

Section 14. ipjiaI Installation of Landscaping.

Upon initial construction of the Dwelling upon a Lot there shall be installed, by the Lot Owner, or his/her contractor, no less than $1,500 of landscaping, excluding the cost of the sodded lawn and the sprinkler system, if any. Such landscaping shall be installed pursuant to common Landscape guidelines prepared and approved by the Developer in order to provide common landscape characteristics throughout Pinewood. The Lot Owner shall thereafter always maintain such landscaping, at his/her sole cost and expense, including, but not limited to, the removal and replacement of dead landscaping materials at any time and from time to time.


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ARTICLE IV STREETS, COMMON PROPERTIES AND ACCESS EASEMENT

Section 1. Use.

Subject to the provisions of Section 4 of this Article, every member of the Association shall have a right and easement of enjoyment in and to the Common Properties, and any easements, if granted, shall be appurtenant to and shall pass with the title to every Lot.

Section 2. Title to Streets.

All streets and roads in Pinewood have heretofore been dedicated by Developer to the public use and enjoyment. The Association, at its sole cost and expense and not at the cost of Johnson County, Kansas or any other municipality havingjurisdiction thereover, will maintain all subdivision monuments and the easements within which they are located as well as all street islands, subdivision monument signs or markers and all plantings or other improvements located within public right-of-way.

Section 3. Title to Common Prop . .ty.

The Developer may retain the legal title to the Common Properties until such time as in the sole discretion of the Developer, the Association is able to maintain the same. Any conveyance of title to the Common Properties to the Association shall only be in writing and be subject to all easements, restrictions and reservations of record.

Section 4. - Extent of Members' Easements.

The right and easements of enjoyment created hereby as to the Common Properties shall be subject to the right of the Developer and of the Association to assign or convey sewage, water, drainage, and other utility easements over, through or under all or any part of the Common Properties, including riding trails and lake tracts.

ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

Section 1. Mcmberhjj2.

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot, including the Developer, shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for performance of an obligation shall not be a member.

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Section 2. igjg.

The Developer shall be entitled to have and maintain four (4) votes for each and every lot within the subdivision of Pinewood owned by Developer. All other Lot owners shall be entitled to one vote per Lot in all proceedings in which action shall be taken by members of the Association.

A Lot owner comprised of two or more persons, or other legal entities, or any other combination thereof, shall be cast in the manner provided for in the Articles of Incorporation of the Association, or as the several constituents may determine, but in no event shall all such constituents cast more than one vote per Lot for each Lot owned by them.

ARTICLE VI ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments.

The Lot owner of each Lot by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, hereby agrees to pay to the Association such assessments or charges for special assessments as may be fixed, established, and constructed from time to time as hereinafter provided. The monthly annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also he the personal obligation of the person who was the Lot Owner of such property at the time when the assessment became due. Any and all assessments authorized by this Declaration may be assessed only after such time as a Lot is owned and occupied by the Lot Owner as his/her personal residence.

Section 2. Purpose of Assessments.

The assessments levied by the Developer or the Association shall be used exclusively for the purpose of promoting the health, safety and welfare and enjoyment of the residents in the Properties and particularly for the maintenance, the care and preservation Of the Common Properties and Streets, payment of taxes and insurance thereon, the providing of trash and garbage collection, the upkeep and maintenance of street islands, subdivision markers and signage and any other general maintenance and care for the general upkeep of the common area.

Section 3. Basis Assessments.

The initial annual assessment dues payable shall be $300.00 per Lot per year and the clues thereafter may be increased or otherwise as established at any time and from time to time by the Developer or the Association. The monthly assessment will be established in an amount which will


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cover the cost of the items covered by this Declaration plus the cost of administration to the Association and from time to time by the Developer or the Association.

Section 4, Special Assessments for Capital Improvements or Additional Maintenance.

In addition to the annual assessments authorized by Section 3 hereof, the Developer or the Association may levy a special assessment for the purpose of deferring in whole or in part, the reasonable costs of any necessary construction or reconstruction, unexpected repair or replacement of a described capital improvement upon Common Properties such as to maintain and operate the same in a first class condition, including the necessary fixtures and personal property related thereto, or for purposes of providing additional maintenance activities as authorized herein; provided, that any such assessment shall have the consent of Developer, so long as the Developer owns any lot(s) within Pinewood, and thereafter, the assent of two-thirds of the votes of members voting in person or by proxy at any meeting duly called and properly held for this purpose, prior written notice of which shall be sent to all members pursuant to the bylaws of the Association.

Section 5. Amount of Assessments.

Subject to the limitations of Article VI, Section 3 hereof, the Association may establish assessments as needed for current maintenance costs and needs of the Association. The assessments shall be established at any meeting of the Association duly called for this purpose with written notice to all members at least thirty days in advance, said notice setting forth the purpose of the meeting. Further, the assessments shall be established only by two-thirds of the votes of those members who are voting in person or by proxy at the meeting.

Section 6. Date of Commencement of Assessments.

The assessments provided for herein for the Lots described within this Declaration shall commence on the date which a residence constructed upon a lot is occupied by the owner thereof, or its designee, with sod and landscaping installed as soon as practical. There shall be prorations of assessments for partial month or year occupancies. The first assessments shall be made for the balance of the calendar month and shall become due and payable on the day fixed for commencement. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. All monthly assessments shall he paid before the 7th day of the mouth. If not so paid, a late charge will he charged in the sum of $25.00 if the assessment is paid within the month for which it is due. Any Lot Owner who fails to pay assessment dues for two consecutive months shall pay a late charge in the sum of $50.00 per month. Any assessment not paid within the month within which it is due shall incur a $50.00 per month additional late charge for each month such assessment is not paid.


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Section 7. Enforcement.

When the assessment becomes delinquent, payment of both principal and interest may be enforced as a lien on said real estate, in proceedings in any court in Kansas having jurisdiction of suits for the enforcement of liens against real property located in Johnson County, Kansas. It will be the duty of the Association to bring suits in its name to collect all or any part of any delinquent assessments and to enforce such liens before the expiration thereof. In any such suit, the Association may recover therein court costs, plus reasonable attorneys' fees. The Association may, in its discretion, file certificates of nonpayment of assessments in the Johnson County Register of Deeds whenever any assessments are delinquent. For each certificate so filed, the Association shall be entitled to collect from the owner of the property described therein a fee of $250.00, which fee is hereby declared to be a lien upon the real estate so described in said certificate and shall be enforceable and collectible ij the same manner as the original assessments provided for herein and the interest thereon. All rights and remedies contained herein are in addition to any other rights and remedies provided at law or in equity.

Termination. Liens for delinquent assessments shall continue for a period of five (5) years from the date such assessment became delinquent but no longer, unless within such time a suit shall have been instituted for the collection of the assessment, in which case the lien shalt continue until the termination of the suit, and until the sale of the property under execution of the judgment establishing the same.

Section 8. Other Association Matters.

The Lots subject to this Declaration shall be governed by the bylaws of the Pinewood Homes Association and Home Association Declaration of Pinewood as to the quorum requirements, effect of non-payment of assessments., the board of the Association and all other administrative details as to the operations of the Association and the collection of assessments not inconsistent with this instrument,

ARTICLE VII APPROVAL OF PLANS AND MATERIALS

Section 1. Review by Developer.

No building, fence, hedge, privacy enclosure wall, retaining wall, driveway, sign, swimming pool, tank, hot tub, greenhouse, freestanding mailbox, lawn sprinkler system, gazebo or structure of any kind (collectively called "Structures") shall be commenced, erected or maintained on the Property, nor shall any addition to (including awnings) or change or alteration therein (including exterior color or design) be made, until the plans and specifications, in duplicate, showing the nature, kind, shape, height, materials, top of foundation elevation, lot grading and review of overall compliance with the subdivisions grading and drainage plan, color, location of the structure on the Lot have been submitted to and approved in writing by the Developer. The Developer may consider

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applications for approval of plans, specifications, etc., upon the basis of conformity with this Declaration and shall be guided by the extent to which the proposed Structure, addition or alteration will insure conformity and harmony in exterior design and appearance of surrounding structures within close proximity and in keeping with the overall theme of the subdivision. No Structure shall be erected, placed, altered or permitted to remain on any Lot nearer to any street than the minimum building setback line for the Lot as shown on the Nat, or approved in writing by the Developer and/or his nominee, designee or assignee.

The Developer's plan approval authority, all as described within this Declaration may be assigned in whole or in part to the Association only by a written instrument executed by the Developer and filed of record describing the nature and extent of such review approval assignment.

Section 2, Required Materials.

In addition to the other requirements for materials elsewhere herein described;

(A) Roofs. All residences constructed on a Lot shall include an Approved Roof.

(B) Exterior siding materials:

Siding materials shall be natural masonry including stucco, stone and/or brick or fabricated masonry type materials, such as drivet, masonite (Smart Siding) or Louisiana Pacific Smart Siding. No wooden or board and bat siding shall be used.

(C) Such materials are summarized as follows:

Front Elevation/including returns All other sides Windows

Masonry/stucco/brick/stone Smart siding - or Clad, Wood, same as front elevation Vinyl

Section 3. Subsequent materials.

Following the initial construction of all Dwellings on all Lots, and following also the date in which the Developer no longer owns a Lot, then and in that event, 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, or its successor, such as the Association.

Section 4. Lot Owner Maintenance.

Each Lot Owner shall maintain their Dwelling in a good, clean and above average condition, including, but not limited to not allowing paint to become peeling, cracking or blistering, concrete

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surfaces shall not become overly cracked, heaved or scattered and the overall appearance of the Dwelling ofan Owner shall be maintained consistent with the appearances of other Dwellings within Pinewood.

Section 5. Prohibited Improvements.

There shall not be erected or maintained upon any Lot or Dwelling constructed upon a Lot any clothesline apparatus, radio, television or other forms of aerials or antenna devices (except satellite dishes not in excess of 19V2 inches in width may be installed in the rear of a Dwelling not within sight of the street front on a Dwelling) basketball goals installed anywhere upon a garage or Dwelling (basketball goals will be allowed if mounted on permanent poles, not portable or removable/temporary facilities, and then only with a clear and transparent backboard), dog or other animal cages or runs; nor any compost pile or pit.

ARTICLE VIII RIGHT-OF-WAY MAINTENANCE

Pursuant to an agreement entered into by and between the Developer and the City of Overland Park and filed of record on December 15, 1999 at Book 6416, Page 749, certain "amenities 1 ' have been constructed within the public right-of-way for streets located within Pinewood. Pursuant to said agreement the following additional terms and conditions are included in this Declaration.

1. The amenities, although located within City right-of-way, are the sole responsibility of the Lot owners within Pinewood, which Lot owners shall maintain the Association to be used as a vehicle by which to fulfill the obligations of the above-referenced agreement. Such delegation shall not, however, relieve the Lot owners of their responsibilities therein.

2. One of the duties and obligations of the Lot owners will he to properly maintain the amenities.

3. The City is hereby released from any and all past, present or future liability for any damage that may be caused at any time to any person or to any real or personal property resulting from or related to, directly or indirectly, the City allowing the amenities to be located in its right-of-way or otherwise acting or failing to act with respect to maintenance of the amenities. The City is fully released from any and all past, present or future obligations to expend any public funds or to take any other action to maintain or improve the amenities.

4. The Association, or upon its failure, the Lot owners, shall indemnify and hold harmless the City, the mayor, the members of the City Council and the employees and agents of the City from and against any and all losses, damages, costs and expenses, including reasonable attorneys fees, that may be incurred or suffered by any of them as a result of or in any connection with any claims that may be asserted against any of them in connection with the amenities. The

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Association, or upon its failure, the Lot owners, will further be required to promptly reimburse the City for any public funds the City may expend with respect to maintenance of the amenities in the event the Association fails to maintain the same, although the City is under absolutely no obligation to so maintain.

5. Should the City determine that the amenities are endangering the public health, safety or welfare or have become unsightly or a nuisance, or interfere in any way with the City's use of the right-of-way, then upon request of the City, the Association will remove or cause to be removed any or all amenities from the City's right-of-way. Should the Association fail to comply with the City's removal request, the City may remove the same and the Association, or upon its failure, the Lot owners, shall be obligated to reimburse the City for the removal.

6. The Association, or upon its failure to do so, the Lot owners, shall maintain adequate liability insurance to cover all reasonable insurable risks associated with the maintenance of the amenities and the covenants contained herein.

7. The portion of this Declaration regarding the amenities may not be modified, amended or terminated, without the written consent of the City thereto. If the Association requests such consent, it shall be made in writing to the City clerk. The City shall have sixty (60) days, upon receipt of the same, to rule on the request.

ARTICLE IX GENERAL PROVISIONS

Section 1. Duration and Modification.

The covenants and restrictions of this Declaration shall run with and bind the land and shall inure the benefit of and be enforceable by the Association or by the Lot owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded. Thereafter, unless one year prior to the expiration, there shall be recorded an instrument directing the termination of this Declaration signed by at least two-thirds of all Lot owners then entitled to vote,: this Declaration shall be automatically continued without any further notice for an additional ten (10) years, and thereafter for successive periods of ten (10) years each; provided that within one year prior to the expiration of any such ten year period, this Declaration may be terminated as set forth in this Section.

Amendments may be adopted at a meeting of the Lot owners upon the approval thereof of two-thirds of all of the Lot owners entitled to vote, or without any meeting if all Lot owners have been duly notified and if two-thirds of all of the Lot owners entitled to vote 'at such a meeting, if held, consent in writing to such Amendment. Amendments, once properly adopted, shall be effective upon recording of the Amendment in the Office of the Register of Deeds of Johnson County, Kansas.

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The Developer reserves the right to modify all or any portion of this Declaration as to any Lot or other tract of land described within the plat of Pinewood, whether or not the Developer then presently owns such Lot or land, SO long as such modification is desirable or necessary, in the sole discretion of the Developer, to further implement the development plan and theme of Pinewood. This right of Developer to modify this Declaration shall cease at such time as the Developer maintains 10% or less of the votes for lots of the plat(s) of the subdivision Pinewood pursuant to Article V, Section 2.

Section 2. Notices.

Any notice required to be sent to any Member or Lot owner under the provisions of this Declaration shall he deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as Member or Lot owner on the records oft the Association at the time of such mailing.

Section 3. Enforcement.

Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both and against the land to enforce any lien created by these covenants and failure by the Association or any Lot owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 4. Severability.

In the event any one of these covenants or restrictions is held invalid by a Judgment or court order, this shall in no way affect any other provision, which shall remain, in full force and effect.

PINEWOOD PARTNERS, L.L.C., a Kansas Limited Liability Company, by

TERRA FINA PROPERTIES, INC. Manager, by

tame: John Menghin itle: President

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STATE OF KANSAS ) ) ss:

COUNTY OF JOHNSON )

BE IT REMEMBERED, that on this jO 'I day of / 200c.7 before me, the undersigned, a Notary Public in and for said County and State, came John Menghini, President of Terra Fina Properties, Inc., who is the person known to me to be the same person who executed the within instrument of writing, and duly acknowledged the execution of the same.

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

V MON My commission expires: Y

M. ouDrJ

P• RR 8ROWN

STATE Of ..KANSAS COUNTY OF JO45tM FLED FOR RECORD

20)2 MAY -3 P 5: 25 in

REBECCA L. 1VIS REGISTEa OF DEEDS

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THE PINEWOOD PRESS Summer www.pinewoodhomes.net June 2015

Welcome to your Pinewood Homes Newsletter. A short, monthly publication to keep you informed.

IiTTIt1I1 VICE SECRETARY &

PRESIDENT PRESIDENT &

TREASLIRER BLOCK \WBMASTER LANDSCAPING SOCIAL BOARD

ARCHITECTURE CAPTAIN DIRECTOR DIRECTOR MEMBER DIRECTOR DIRECTOR

Sandy Prasad . Vijay Tom Slffe Terry Gwzn Jim Kenney Sandy Sliffe Tract Turner

Schweikert Yakkali Cherukumudi

What is a Pinewood Home Owners Association Board? The Home Owners Association (HOA) Board is a group of Pinewood Homeowners who volunteer their time and effort to enforce the Covenants, Bylaws and Deeds and Restrictions (D&R's) of Pinewood. They also work to implement the Pinewood Mission Statement.

What is the Pinewood Mission Statement? Our Mission is dedicated to protecting, maintaining and improving home values while building a safe and healthy environment

Where do I find these Legal Documents (Covenants, Bylaws,

D&R's) and Mission Statement?

The Legal Documents were given to each homeowner before or when they bought their home. These documents and the Mission Statement are located at www.pinewoodhomes.net

Summer Landscape Tips - 'TraciThrner

1 Now is a good time to apply fertilizer with insect control to

protect against ants, fleas and ticks.

2 Spot treat throughout the year to stop them from spreading

in your yard and your neighbor's yard.

3 Remove "shooters" from the base of treas. Shooters sap

energy from your tree and slows the growth in height.

4 Keep bushes/shrubs/trees trimmed for a more lush look.

5 All this rain makes it easier to remove stakes from grown

trees. Stakes can injure children and it will look better.

Please submit any Questions, Comments or Articles to [email protected]

How does someone get on the HOA Board? Elections are held annually. Prospective Board members should submit their names, qualifications, willingness to submit to a background check, agree to serve in the best interest of the Pinewood Homeowners, abide by the Pinewood HOA By Laws and be willing to enforce the Pinewood Deeds and Restrictions Requests may be submitted in writing at any time during the year to the Board, but before Nov 1, 2015. New Board members are elected by the homeowners via written Ballot at the last meeting of the year.

How do I know what position I get, if! am elected? The newly elected Board shall elect officers to serve the Board for that year.

Is there any liability to serving on the Board? Yes, Homeowners can take legal action if the Board knowingly violates the Covenants.

r ('ongiatuIat1ons to

Kushi Madcluru for placing 50th in the

National Spelling Bee in National Harbor, Maryland

lull, • Safety First - Teny Givin

Keep garage doors closed to keep out animals and thieves.

Advise a trusted neighbor if you will be away.

Contact Officer John Lacey 913 - 535-3263

THE PINEWOOD PRESS Fall w.pinewoodhomes.net Oct 1, 2015

Welcome to your Pinewood Homes Newsletter. A short, monthly publication to keep you informed.

2016 HOA Board Nominations due by Nov 1, 2015 Pinewood Ice Cream Social

How does someone get on the HOA Board? Elections are held annually. Requests may be submitted in writing at any time during the year, but before Nov 1, 2015 to the Board Secretary. Nominations should include Name, Address and Email address for contact purposes. Prospective Board members should be willing to submit to a background check, and agree to abide by and enforce the Pinewood Covenants. New Board members are elected by the homeowners via written Ballot at the last meeting of the year. Ballots will be mailed in November.

How do I know what position I get, if I am elected? The newly elected Board shall elect officers to serve the Board for that year.

Is there any liability to serving on the Board? Yes, Homeowners can take legal action if the Board knowingly violates the Covenants.

The Annual Pinewood Social was a great success! Thanks to Bonnie Gwin for suggesting the Ice Cream Social and Vijay, Ramesh, Donna, Jim, Terry, the rest of the HOA Board and everyone else for making everything happen. The gelato was delicious and the balloon characters were amazing.

We welcome your ideas for Events. We are looking for ideas that will interest all of our neighbors.

Mubeen Mohammed had a great idea of an Arbor Day Get-together where neighbors can ask questions, share

home landscaping ideas, learn ways to trim bushes, and other things which would really enhance our neighborhood! Would you be willing to help? Please email Sandy with your ideas and comments.

Did You Know .....

How HOA Board works - The HOA Board agrees to enforce the Pinewood Covenants, plus Overland Park, Johnson County and Kansas laws. That is why we have a Lawyer check proposed changes done by the Board.

Really Can't Change the Covenants Covenants were written before the first house was built. After houses were built and sold, the Covenants can't he completely changed or reversed. A Texas Court Case set that precedent. It makes sense.. people bought their home in Pinewood BECAUSE of the Covenants, which say that long term home rentals are not allowed. THIS IS IMPORTANT to answer those homeowners that say "I think no rentals should be allowed" or "I think rentals should be allowed". That may he Y.Qur opinion, but the Covenants allow "rentals less than 6 months." That is what was agreed upon by every homeowner that bought a house in Pinewood.

It's my house, I can do what I want -- NO, that is not true. It's like when you buy a car. It is your car, but you still have to stop at red lights and obey the rules of the road. It is the same with buying a house in Pinewood. It's your house, but you still have to obey the rules.

So what can Pinewood do when someone breaks the rules? Right now, the only enforcement per our Covenants is a Legal Remedy. . . .Hiring a Lawyer, paying Court Costs. etc. To date that is already more than $2,000 just for legal fees and correspondence, not including Court Costs, which will be paid by the 11 8 Pinewood members. That is very expensive and takes a long time.

Is there another option? YES, A Ballot will go out in October to Pinewood homeowners regarding how the Rental Covenant will be enforced, HOWEVER, THE COVENANT WILL NOT BE CHANGED.

A. Less than 6 month rentals are fine, but you must give a copy of the lease to the HOA Board, for verification. B. The homeowner of any house rented for more than 6 months, will be assessed a large, monthly fine. The idea is to make it

unpndltable to violate the Covenants. The violator will pay the fine and not have the rest of Pinewood pay legal costs to make him comply with the Covenants.

C. There will also be an addition to change how other violations of the Covenants can he enforced......Not the Legal Remedy which is slow and expensive, but by a fine assessed by the HOA.

QUESTIONS? COMMENTS? Please contact sandv.schweikert Ca or come to the Townhall Meeting Sat, Nov 14.

Dates of Interest Oct 10" HOA Board Meetinci I Oct 15-17th Garacie Sale I Nov 14th Townhall Meeting Blue Valley Library 151 St & Antioch J

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