LAKE WAUKOMIS, MO 3/5/2008-By the time this month's newsletter is delivered, we should have the worst of winter behind us. I'm sure everyone is anxious to start using the lake again after a cold and blustery winter season.
Association committee chairpersons for 2008 were assigned at the Board of Director's meeting on March 11 and are listed in this newsletter. With the advent of spring weather and folks getting outdoors more, complaints about violations of the Deed of Restrictions usually increase. For that reason, I would like to focus on the Deed of Restrictions committee in this month's article, in hopes it will be informative and helpful.
The primary purpose for having a Deed of Restrictions is to protect the property value of all home owners in a community. The Deed of Restrictions for Lake Waukomis was first recorded in Platte County on October 6, 1947. These covenants and restrictions are binding between property owners and the Home Owner's Association. The Deed of Restrictions was extended in 1972 and amended in 1995. Prior to 1995, it took the approval of one hundred percent of the members (property owners) to make any changes. That was amended to a two thirds majority in 1995. Unlike the Association By-Laws which can be changed by a vote of the Board of Directors, it is very difficult to make any changes to the Deed of Restrictions because it requires two thirds approval by all the "members", not just two thirds of those who might choose to vote.
If you have resided in other neighborhoods or compared our Deed of Restrictions with those in other communities, you know the restrictions at Lake Waukomis are very liberal by comparison. Even acknowledging that fact, the HOA still has a responsibility to all residents to interpret and enforce those restrictions that we do have in place. When contacted about a Deed violation, frequently residents are surprised to learn that they are in non-compliance. Therefore, I would encourage everyone to review the document. You should have received one when you moved here. If you do not have a copy, please contact Donna Rhodus at the community building or view at the lake website, www.lakewaukomis.org.
Unfortunately, a disproportionate number of Deed violations occur at rental homes. With that in mind, we are reviewing our current lease approval agreement to ensure that landlords understand they have a responsibility to be certain their tenants abide by the Deed of Restrictions. Most of the restrictions are also covered by city ordinances. However, several are not. For example, one of the most common violations is the restriction that prohibits signs in yards, windows, or anywhere on lots. It seems most residents are unaware of this prohibition until it comes time to sell their home. (Political signs are excluded from this prohibition based on state statutes.) A listing of homes For Sale can be placed on the bulletin boards at the entrances, as well as on the lake website.
Other frequent violations include allowing trash and rubble to pile up in yards; tall grass and weeds; cars or other vehicles parked in yards rather than in garages or driveways; and travel trailers or other campers stored on lots. In addition, no fence, building, or other structure may be erected on any lot without approval of the Association and the building inspector for the City of Lake Waukomis, so please check before proceeding. It may save you lots of money.
This year the Deed of Restrictions committee will be chaired by Steve Koch. If you are contacted by Steve regarding a possible Deed violation, don't forget that Steve is a volunteer, long time resident, and one of your neighbors serving on the Board of Directors. In other words, don't blame the messenger. If you would be willing to serve on this important committee, please give Steve a call. Have a great spring and summer season!!
John Douglas |
