Westbank Townhomes Owners Association

Key facts from Westbank Townhomes Owners Association's documents

Reflects the 1999 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Residential Planned Unit Development (Townhomes) (Preamble: 'submitting the real estate ..)

Legal name

Westbank Townhomes Association, Inc. (Article 2.3)

Units / lots

5 (Lots 1A, 1B, 2A, 2B, and 10); Lot 10 is common area; initially 4 residential lots (Article 1: 'Lots 1A, 1B, 2A and 10'; Art)

Developer / declarant

Westbank Development Corp. (Preamble)

Governing law

Kansas Townhouse Ownership Act, K.S.A. 58-3701 through 58-3713 (Article 1; Article 2 (definition of Town)

Assessments & dues

Board adopts budget by second Monday in December; assessments for common expenses are borne equally by all townhouse units. (Article 8.3)

Special assessments

Allowed for exterior maintenance, insurance premiums, capital improvements, etc. Special assessments for exterior maintenance are assessed per building based on square footage (main level including garage and porch, excluding basement). (Article 8.2, 8.4, 8.5)

Collections & liens

Unpaid assessments constitute a lien on the townhouse unit, prior except for tax liens and first mortgages. Association may foreclose as a mortgage. Suit for money judgment also maintainable. (Article 8.11(a))

Reserves & fees

Budget includes reserves for capital improvements (Article 8.3). No specific fund mentioned. (Article 8.3: 'reserves, including reserv)

Pets

Yes: dogs, cats, and other household pets; no livestock, horses, poultry. Not bred commercially. Confined by fence/leash; owner responsible for cleanup. (Article 12.11)

Leasing & rentals

Yes, but with restrictions. (Article 12.7)

Parking & vehicles

Pick-up trucks, trucks larger than 1 ton, etc. must be stored in garage. (Article 12.12)

Architectural approval

Yes: before construction, remodeling, addition or alteration of any structure, plans must be submitted to Architectural Control Committee (Board of Directors). Fences require approval as to type, height, quality. (Article 16.2)

Home business

Allowed only with written approval of Association; limited types such as day care, beauty/barber shops; no employees other than owners, no outdoor equipment, no additional street traffic. (Article 12.15(c))

Signs & flags

One sign up to 4 sq ft advertising sale or rent allowed; all other signs require Board approval. (Article 12.14)

Setbacks / home size

Ground floor area not less than that provided by Manhattan zoning ordinance. (Article 12.3)

Maintenance

Owner: interior of unit, routine sweeping/leaf removal from driveways/sidewalks/decks/patios, snow removal from front porch and frontwalk. Association: exterior of buildings (excluding windows, glass, screens, storm windows, exterior doors, (Article 6.1, 7.1, 7.2)

Insurance

Each owner must maintain fire and extended coverage to full replacement value (excluding land, foundation, excavations). Policy shall name Association or nominee as Insurance Trustee. (Article 10.1)

Use restrictions

Yes: townhouse units for living accommodations. Declarant may use for models/sales offices. Limited home businesses allowed with approval. (Article 12.2, 12.15)

Voting & meetings

Two classes: Class A - each unit owner (one vote per unit); Class B - Declarant (20 votes per unit owned). Class B terminates when Class A votes exceed Class B or Dec 31, 2010, whichever earlier. (Article 5.2)

Amendments

Declarant may amend to add additional lots by filing plat and amended declaration; no joinder of Association or owners required (Article 9.4). Other amendments not detailed. (Article 9.4)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.