HOA Covenants/Restrictions

HANOVER MANOR ST. CHARLES, MISSOURI

DEED OF DEDICATIONS, RESTRICTIONS and PROTECTIVE COVENANTS for HANOVER MANOR PLATS 1, 2, and 2 (amended)

A Subdivision in the County of St. Charles, Missouri with

THE ARTICLES OF INCORPORATION and BY-LAWS of

The Hanover Manor Homeowners Association

EXECUTED FEBRUARY 1, 1985

(Revised and Approved March 26, 1999)
(Retyped June 21, 2007)

Deed of Dedication, Restrictions and Protective Covenants
for
HANOVER MANOR PLAT/S 1, 2, AND 2 (AMENDED)
A Subdivision in the County of St. Charles, Missouri

"HANOVER MANOR”, a subdivision in the County of St. Charles, as shown and designated on a plat of said subdivision in the Recorder’s Office of St. Charles County, Missouri, Plat 1 located in Plat Book 24, pages 66 and 67; Plat 2 in Plat book 25, pages 100 and 102; and Plat 2 (amended) located in Plat book 29, pages 178 and 179, acknowledges that as owner of said subdivision, it hereby dedicates for perpetual public use all streets and roadways and all roundings and intersections thereof designated upon and as shown and indicated on the plat of said subdivision. The easements shown on said plat are hereby dedicated to the City of St. Charles, Missouri, its successors and assigns, for the purposed of installing and maintaining public utilities, cable television lines, electric, gas, telephone, and for sewer and drainage purposes. The building lines as shown on the recorded plat(s) of said subdivision are hereby established.

All lots in said subdivision (except as hereinabove set forth) shall be subject to the following restrictions and protective covenants, to-wit:

A-1 LAND USE AND BUILDING TYPE:
(a) No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling, not be more than two (2) levels, above ground, with an attached private garage for not less than two (2) motor vehicles.
(b) No carport or outbuildings customarily used as a storage space shall be permitted upon any lot.
(c) Garage sales for a commercial or business purpose shall not be permitted.
(d) No radio towers, antennas, aerials, dishes or other similar devices or installations designed or used for the transmission of radio waves or signals from space shall be permitted upon any lot other than the usual and customary antenna, aerial or other similar device or installation, (not including dishes) used for reception of signals in connection with an instrument or device usually and customarily known as a television receiver.
(e) No above ground swimming pools shall be permitted upon any lot.

A-2 ARCHITECTURAL CONTROL:
(a) No building, structure, addition, fence or wall shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location and structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. Rear yards only may be fenced and where chain link fencing is used it shall be no higher than 42”. All fences shall be constructed on the lot line and shall be no farther forward than the most rear portion of the house on either side of lot. Said building or structure shall be located at such place or places where, in the opinion of the Architectural Control Committee the location and the design of such proposed structure will not detract materially from the appearance and the value of the other properties. Construction plans, finish floor elevations, and a complete set of prints with front, rear and side elevations, shall be submitted to the Architectural Control Committee at least thirty (30) days before construction of any aforesaid improvement is commenced.

A-3 DWELLING SIZE:
(a) A dwelling of the design commonly referred to or known as a one story dwelling shall have a first floor area, exclusive of that portion encompassed within an attached garage, of not less than 1400 square feet.
(b) A dwelling of the design commonly referred to or known as split-foyer, shall have an upper level area, exclusive of that portion encompassed within an attached garage, of not less than 1050 square feet.
(c) A dwelling of the design commonly referred to or known as split-level, shall have a floor area above grade, exclusive of that portion encompassed within an attached garage, of not less than 1100 square feet.
(d) A dwelling of the design of more than one story (except dwellings for the design commonly referred to or known as split-level or split-foyer) shall have a first floor area, exclusive of that portion encompassed within an attached garage, of not less than 950 square feet.

A-4 DWELLING LOCATION:
(a) No dwelling, including an attached garage, shall be located on any lot closer to the front lot line or closer to the side street than the minimum building setback lines shown on the recorded plat.
(b) No dwelling, including an attached garage, shall be located closer than 7 feet to an interior lot line.
(c) The depth of the rear yard shall be at least thirty (30%) percent of the depth of the lot but such depth need not be more than 30 feet. With exceptions of corner lots which shall be at discretion of Architectural Control Committee.
(d) For the purpose of the covenants contained in this paragraph A-4, eaves, steps and open porches shall not be considered as part of the dwelling or attached garage, provided, however, that this shall not be construed to permit any portion of a dwelling or attached garage on a lot to encroach upon another lot.

A-5 LOT AREA:
(a) No lot shall be re-subdivided without the approval of the Architectural Control Committee and where approval is granted, no building lot shall be less than a width of eighty (80) feet at the building line. In the event that any person or persons shall own two or more adjoining lots, such owner or owners shall be considered to have complied with the side yard restrictions in this deed set out so long as any residential building, garage or carport erected or maintained by such lot owner or owners be not closer than 7 feet to the side building lot line of any such lot.

1
A-6 NUISANCES:
(a) 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.

A-7 SIGNS:
(a) No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than 8 square feet advertising the property for sale, or signs used by a builder or developer to advertise the property during the construction and sales period.

A-8 LIVESTOCK AND POULTRY:
(a) No animals, livestock or poultry of any kind shall be raised, bred or kept upon any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. No dog, cat or other household pet shall be permitted by a lot owner to be off the lot of the owner unless on a leash controlled by some person physically able to prevent the dog, cat or other household pet from escaping.

A-9 GARBAGE AND REFUSE DISPOSAL:
(a) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers.

A-10 SEWAGE DISPOSAL AND TEMPORARY STRUCTURES:
(a) All water and sewerage from household uses shall be disposed o/f through the public sanitary sewer system. No outside toilet or latrine shall be constructed on any lot in the subdivision and no structure of a temporary nature, house trailer, or tent shall be placed, erected or maintained upon any lot, except that any such structure customarily used by a builder may be erected or maintained by a builder during the construction period only. No basement erected or maintained upon any lot shall be used, temporarily or permanently, as a place of residence.

A-11 SIGHT DISTANCE AT INTERSECTIONS:
(a) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain upon any corner lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines, extended. No tree 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.

A-12 BUILDING MATERIALS:
(a) The outside exterior walls of all structures shall be constructed of either wood (including exterior hardboard) siding, brick, rock or stone, sightly and of good workmanship, and if the exterior be of wood or hardboard siding, the same shall be painted or stained. The use of any other materials for outside exterior walls shall not be permitted without first having obtained the written and recorded consent of the Architectural Control Committee, or its successors. All outside exterior walls of any structures shall be completely finished within ninety (90) days after the footing or foundation of any structure has been completed.

A-13 FUEL TANKS:
(a) No tank, bottle or container for the storage of fuel shall be erected, placed or permitted above the surface level of any lot.

A-14 PRIVATE DRIVEWAYS:
(a) All private driveways leading from streets to any garage on any lot shall be paved with concrete, installed and constructed according to generally accepted engineering principles and procedures.

A-15 CARE AND APPEARANCE OF PREMISES:
(a) The structures on and surface of each lot shall be maintained in a neat and attractive manner. The Association shall have the right (upon twenty (20) days’ notice to the Owner of the property involved, setting forth the action intended to be taken, and if at the end of such time such action has not been taken by the Owner), at the expense of the Owner, to remove trash or rubbish, cut grass, weeds and vegetation or to trim or prune any hedge or other planting that, in the opinion of the Architectural Control Committee, is detrimental to adjoining property or is unattractive in appearance. The Association, upon like notice and conditions, is authorized to care for vacant or unimproved property, all to the cost and expense of the Owner. Such costs and expenses incurred by the Association shall be paid to the Association upon demand and, and if not paid within (10) days thereof, shall become a lien upon the property affected.

A-16 MOTOR VEHICLE RESTRICTIONS:
(a) No motor vehicle requiring what is commonly called a “commercial license” under the laws of the State of Missouri, or trailer, boat trailer, boat, camping truck, RV’s or similar vehicles shall be parked on the streets of said subdivision more than one (1) hour between the hours of 5:00 o’clock P.M. of one day to 8:00 o’clock A.M. of the following day. No motor vehicle requiring what is commonly called a “commercial license” under the laws of the State of Missouri, or trailer, boat trailer, boat, camping truck, RV’s or any other similar vehicles, shall be parked or permitted to remain on any lot in said subdivision unless such vehicles are garaged in an enclosed garage.

PART B – ARCHITECTURAL CONTROL COMMITTEE:
B-1 MEMBERSHIP:
(a) There is hereby created an Architectural Control Committee composed of members of the Board of Directors. A majority of
the committee may designate a member or members of the Association as a representative to act for it. In the event of the death or resignation of one of the members of the committee, the remaining members shall have full authority to designate a successor.

2

B-2 PROCEDURE:
(a) The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

PART C – GENERAL PROVISIONS

C-1 TERM:
(a) These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of seventy-five percent (75%) of the lots agreeing to any such change, has been recorded.

C-2 ENFORCEMENT:
(a) Any person or persons violating or attempting to violate any covenant, restriction, condition or limitation contained herein shall be subject to proceedings at law or in equity to restrain such violation or to recover damage therefore; any failure to enforce any covenant, restriction or limitation contained herein shall not act as nor constitute a waiver of any subsequent breach thereof.

C-3
(a) All owners of lots within the subdivision shall be members of the Homeowners Association and shall be subject to its By-laws, rules and regulations and assessments.

C-4 SEVERABILITY:
(a) Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effe
ct.

Articles of Incorporation of Hanover Manor Homeowners Association, Inc.

In compliance with the requirements of the General Not-for-Profit Corporation Law of the State of Missouri, the undersigned, all of whom are residents of the County of St. Charles, Missouri, and all of whom are twenty-one years of age or more and citizens of the United States, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify:

ARTICLE I
The name of the corporation is “HANOVER MANOR HOMEOWNERS ASSOCIATION, INC.” hereinafter called the ”Association”.

ARTICLE II
The principal office of the Association is located at the home of the current president of the Board of Directors and the address is: P.O. Box 1812, St. Charles, Missouri 63301.

ARTICLE III
The official registered agent of the Association is the presently elected president of the Board of Directors.

ARTICLE IV
Purpose and Powers of the Association
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence lots and Common Areas within that certain portion of a tract of property known as Hanover Manor, 1, 2, and 2 (amended), as shown upon the recorded plats of the St. Charles County Recorder’s Office; furthermore, the Association shall promote the health, safety and welfare of the residents within the
above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:

(a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the By-laws of the Association, applicable to the property and recorded or to be recorded in the Office of the Recorder of Deeds of St. Charles County, Missouri, and as the same may be amended from time to time as therein provided;

3

(b) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the By-laws; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;
(c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;
(d) Borrow money, and with the assent of two-thirds (2/3) of each class of members, mortgage, pledge, give deeds of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;
(e) Dedicate, sell, or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer;
(f) Participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members.
(g) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Missouri by law may now or hereafter have or exercise.

ARTICLE V
Membership

Every person or entity who is a record owner of a fee or undivided fee interest in any lot in Hanover Manor Plats 1, 2, and 2 (amended), including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment by the Association.

ARTICLE VI
Voting Rights
All owners shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.

ARTICLE VII
Board of Directors

The affairs of the Association shall be managed by a Board of Directors elected from the members of the Association. The number of directors may be changed by amendment of the By-laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are listed in the unattached Appendix page found at the end of this booklet.

At the first annual meeting, the members of the Association shall elect one director for a term of one year, one director for a term of two years, one director for a term of three years and one director for a term of four years. At each annual meeting thereafter, the members shall elect one director for a term of four years.

ARTICLE VIII
Dissolution

The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes.

ARTICLE IX
Duration

This corporation shall exist perpetually.
ARTICLE X
Amendments

Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership.

4 By-Laws of HANOVER MANOR HOMEOWNERS ASSOCIATION

Article I
Name and Location

The name of the Association shall be “Hanover Manor Homeowners Association”, hereinafter referred to as the “Association”. The principal office shall be located at the home of the currently serving president of the Board of Directors, but meetings of members and directors may be held at such places within the State of Missouri, County of St. Charles, as may be designated by the Board of Directors.

Article II Definitions
Section 1. “Association” shall mean and refer to Hanover Manor Homeowners Association, its successors and assigns.
Section 2. “Properties” shall mean and refer to that portion of certain real property described as Hanover Manor Plats 1, 2, and 2 (amended), as recorded in Book 24, pages 66-67, Book 25, pages 100-102, and Book 29, pages 178-179, of the St. Charles County Recorder’s Office and such additions thereto as may hereafter be brought to within the jurisdiction of the Association.
Section 3. “Storm Water Detention Basin” shall mean all real property designated as the storm water detention basin, dam and basin discharge piping controlled by the Association for the safety of the owners.
Section 4. “Lot” shall mean and refer to any plot of land shown upon the recorded Plat of Hanover Manor Plats 1, 2, and 2 (amended).
Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the Properties, including contract sellers, excluding those having such interest as security for the performance of an obligation.
Section 6. “Declaration” shall mean and refer to the Deed of Dedication, Restrictions and Protective Covenants applicable to Hanover Manor Plats 1, 2, and 2 (amended), in Book 24, pages 66-67, Book 25, pages 100-102, and Book 29, pages 178-179, as recorded in the Office of the Recorder of Deeds, St. Charles` County, Missouri.
Section 7. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.

Article III
Meeting of Members
Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of formation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 1:00 o’clock P.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-forth (1/4) of all the votes of the Class A membership.
Section 3. Notice of Meetings. Written notice of each meeting 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 15 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.

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-fourth (1/4) of the total votes of either class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.

Article IV
Board of Directors: Selection: Term of Office
Section 1. Number. The affairs of this Association shall be managed by a board of four directors, who need not be members of the Association.
Section 2. Term of Office. At the first annual meeting the members shall elect one director for a term of one year, one director for a term of two years, one director for a term of three years and one director for a term of four years; and at each annual meeting thereafter the members shall elect one director for a term of four years.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. 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.

5

Section 5. 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 the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

Article V
Nomination and Election of Directors
Section 1. 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 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 that are to be filled. Such nominations may be made from among members or non-members.
Section 2. 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 provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

Article VI
Meetings of directors
Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.

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.
Article VII
Powers and Duties of the Board of Directors
Section 1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations and establish assessments governing the maintenance of the “Storm Water Detention Basin” and to establish penalties for the infraction thereof;
(b) exercise for the Association all powers, duties, authority vested in or delegated to, this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
(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 other employees as they deem necessary, and to prescribe their duties.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and association affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote;
(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against each Lot and submit such assessment to a vote at least thirty (30) days in advance of each annual assessment period;
(2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
(3) foreclose the lien against any property for which assessments are not paid within (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
(d) issue, or to 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 the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability and hazard insurance on property owned by the Association; the Board shall also be authorized to procure insurance to protect the Board for any of its actions.
(f) cause all officers or employees having fiscal responsibilities to be bonded as it may deem appropriate;
(g) cause the storm water detention basin to be maintained.

Article VIII
Officers and Their Duties
Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may, from time to time, by resolution create.
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 or she shall sooner resign, or shall be removed, or otherwise be disqualified to serve.

6

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. Any officer may be removed from office with or without cause by the Board. 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 the 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. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:

President
(a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.

Vice-President
The vice-president shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board

Secretary
(c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.

Treasurer
(d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members.

Article IX
Committees
The Board of Directors shall appoint an Architectural Control Committee, except as provided in the Declaration. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes.

Article X
Books and Records
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable costs.

Article XI
Covenant for Maintenance Assessments

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the storm water detention basin.
Section 3. Annual Assessment. As provided in the Association By-Laws, the Board of Directors shall determine an annual assessment for maintenance of the storm water detention basin and shall submit such assessment to a vote of the members. Such assessment shall require the assent of a simple majority of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

7

Article XII
Amendments

Section 1. These by-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of members, in person or by proxy.
Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

Article XIII
Miscellaneous
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of formation of the association.

HANOVER MANOR PLATS 1, 2, and 2 (amended)

A Subdivision in the
County of St. Charles, Missouri

LEGAL DESCRIPTION:
(partial)
A tract of land situated in the Northeast 1/3 of Section 26 —
South ¼ of Section 23 -- Township 47 North, Range 4 East.