Villas at Southpointe Homes Association

What Villas at Southpointe Homes Association's governing documents say

This is a supplemental declaration for the Villas at Southpointe, a Kansas planned community. It creates a separate Villas Association for 34 specific lots (71–80 and 119–142) within the larger Southpointe master-planned community, imposing fencing restrictions and providing certain common services like lawn care, sprinkler winterization, and snow clearing. This document supplements, rather than replaces, the master Southpointe declaration, and homeowners are also members of and must pay assessments to the Master Association.

• What's covered by this document: This declaration covers only lots 71–80 of Southpointe Second Plat and lots 119–142 of Southpointe Third Plat. It establishes a supplemental association for those lots and restricts fences; it does not replace the master association or its declaration.
• Fencing restrictions: No boundary fences are allowed. Only a small pet-enclosure fence is permitted, limited to 550 square feet, measured from the rear of the house, not protruding past the back corner into any side yard, and no higher than 4 feet. Must be black prefinished metal and have a minimum 4-foot gate; final location and materials require Board approval.
• Services provided by the Villas Association: The Association provides lawn mowing, edging, fertilizing, and weed control for grass areas, plus street-side tree trimming. It also handles spring start-up, backflow testing, and winterization of lawn sprinklers, and snow clearing (not ice) for driveways, front sidewalks, and a path to the front door when accumulation reaches 2 inches. Owners maintain all landscaping beds, fences, bushes, shrubs, gardens, and trees not along the street.
• Monthly assessments: All non-exempt lots pay a monthly assessment set by the Board (the initial dollar amount is blank). The Board can increase the assessment by up to 20% per year without a vote, and may set it higher if necessary to cover mandatory services. Assessments may be billed quarterly, and a $25 or 5% late fee plus 10% interest applies after 30 days.
• Special assessments and lien enforcement: The Board may levy special assessments for any service cost exceeding available funds or for emergency expenditures, and such assessments become a lien. If an owner sues the Association and loses, the Association can recover litigation costs as a special assessment. The lien is subordinate to a first purchase-money deed of trust but can be foreclosed like a mortgage lien.
• Developer control until turnover: Until a turnover date defined as either when all lots are sold and built or as set by the Developer, the Developer (Clayton Properties) has sole Class A voting power, can unilaterally amend the declaration for various reasons (including to meet lender requirements), and has the right to expand the Villas Area by recording adjacent land.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.