Windcrest Farms

Key facts from Windcrest Farms's documents

Reflects the 2022 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA: Windcrest Farms Homeowners Association, Inc. (Kentucky not-for-profit corporation). (Recitals para.D (BK 12418 pg.479); §1.7)

Units / lots

Not explicitly stated, but lots 1-119 plus open spaces are described. Total dwelling units may correspond to total lots (119 lots). (Third Amendment Exhibit A (lots 59-119) )

Developer / declarant

Originally Flynn Brothers Contracting, Inc.; corrected to 9300 Old Bardstown, LLC by First Amendment (Book 12563, Page 691). The Third Amendment (BK 12864, pg. 246) also identifies 9300 Old Bardstown, LLC as Declarant. (Original Declaration §1.19; First Amendm)

Governing law

Kentucky Revised Statutes Chapter 273B (nonprofit corporations) – for Association formation. (§1.5 (Articles of Incorporation) and §1.)

Assessments & dues

Board prepares budget each year; General Assessment = (total budgeted Common Expenses) ÷ (total number of Dwelling Units). Board may adjust for other funds or anticipated new units. (Section 5.3)

Special assessments

Allowed for operating deficits or capital improvements. Up to 100% of annual General Assessment may be imposed by Board alone; above that requires majority vote of Members. (Section 5.4)

Collections & liens

Unpaid assessments become a lien on the Lot (subordinate to property taxes and first mortgages). Association may foreclose like a mortgage; includes costs and attorneys' fees. (Sections 5.13-5.16)

Reserves & fees

Budget must include a capital reserve account for capital replacement as needed. (Section 5.3 (budget includes capital res)

Pets

Not explicitly addressed in provided excerpts. No pet rules found. (No citation found)

Leasing & rentals

Not explicitly addressed in provided excerpts. No leasing provisions found. (No citation found)

Parking & vehicles

Each lot must provide minimum of 2 off-street parking spaces, exclusive of garages (Section 7.2(c) (partially shown))

Fences

For Single Family Lots: All fencing must be approved by ARC; no fences between rear of dwelling and street; corner lots restrictions; invisible fences allowed at least 5 feet from sidewalks; non-reflective metal fence allowed as part of fen (Third Amendment Exhibit D §7.2(aa) (pg.2)

Architectural approval

Yes, for any improvement or alteration that changes exterior appearance (except initial construction by Declarant/Builder). ARC appointed by Board or Declarant during Development Period. (Section 6.1, 6.2)

Home business

Not explicitly addressed in provided excerpts. (No citation found)

Signs & flags

Not explicitly restricted in provided excerpts, except that Declarant may post signs incidental to development. General restrictions may be in Exhibit D or E? Not provided fully. (Section 3.4 (Declarant signs))

Maintenance

For Single Family Lots: Owners maintain their lots; Association maintains Common Elements. For Paired Lots: Association provides lawn maintenance, snow pushing, and exterior maintenance (paint, roofs, gutters, etc.) but excludes structural/ (Exhibit E §10.1.1(a)-(e) (pg.253-254); §)

Insurance

For Paired Lots: Owner must obtain public liability insurance and fire/extended coverage on contents and Improvements (partitions, trim, drywall, flooring, built-in fixtures, etc.). Association may request proof. (Exhibit E §13.2 (pg.255-256))

Use restrictions

Implicit; property is designed and intended for residential use. Dwelling Units are defined as designed for use as a residence. (§1.23 (Dwelling Unit definition))

Voting & meetings

Class A Members (all Owners except Declarant) have voting rights; Class B Member (Declarant) has special voting rights during Development Period. (§1.11, §1.12, §4.4, §4.5)

Amendments

Not fully detailed in provided excerpts. Section 15.2 is referenced in amendments but not included. The amendments were made by Declarant under Section 15.2 without owner consent. (Third Amendment Background (pg.246) refe)

Amenities

Recreational Facilities defined (swimming pools, clubhouses, trails, playgrounds, etc.) but not detailed in provided excerpts. (§1.40)

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