Whispering Hills Estates

Key facts from Whispering Hills Estates's documents

Reflects the 2009 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Units / lots

Lots 67 through 163 of the Second Plat (Title / Exhibit A, DOC 134708 p1)

Developer / declarant

Sugar Creek Development, LLC; Mesa Land & Development, LLC; F&C Bank; First Federal Savings & Loan (Grantors/Grantees, DOC 135042 pp1-2)

Management

Homes Association may engage a management company or other person/entity to carry out all or part of its functions and powers (Article III(g), DOC 135042 p6; DOC 13470)

Assessments & dues

$40.00 per Lot per year (Article IV(c), DOC 135042 p7)

Special assessments

Board may levy special assessments against a Lot/Owner for breach correction or expenditures exceeding general funds; due and payable upon notice; becomes a lien; accrues 10% interest per annum (Article VI, DOC 135042 p8; DOC 134708 p8)

Collections & liens

Annual assessment becomes a lien when due; delinquent after 60 days; enforceable as a mortgage lien in Jackson County court; lien continues 5 years from delinquency unless suit filed; subordinate to valid purchase money first mortgage; serv (Article V, DOC 135042 p8; DOC 134708 pp8)

Reserves & fees

Association may expend current-year assessments plus any surplus and available reserves from prior years (Article VII, DOC 135042 p9; DOC 134708 p)

Pets

Dogs, cats and other common household pets may be kept, provided not kept/bred/maintained for commercial purposes and do not constitute a nuisance (Article XV, DOC 135042 p15; DOC 134708 p)

Parking & vehicles

All automobiles shall be kept in an enclosed garage whenever possible; motorized vehicles shall not be operated on any Lot other than in the street (Article XIV(c), DOC 135042 p13; DOC 1347)

Fences

Residential fences and privacy screens must be consistent with standard designs, heights and materials selected by the Architectural Committee; finished side out; no chain link or similar fence except wrought iron/ornamental metal unless au (Article XIII(f), DOC 135042 pp12-13; DOC)

Architectural approval

Written Architectural Committee approval required before erecting or moving any residence or Exterior Structure, and before any post-construction exterior changes, for plans, specifications, materials, location, elevations, lot grading, lan (Article XI(a)-(b), Article XIII(a), DOC )

Signs & flags

One 'For Rent' or 'For Sale' sign not more than 9 square feet per Lot permitted; no other advertising signs, billboards or signs on the residence; Association may display signs (Article XIV(l)-(m), DOC 135042 p14; DOC )

Setbacks / home size

Ranch: not less than 1,200 sq ft; Split Level: not less than 1,300 sq ft; One-and-One-Half Story: not less than 1,500 sq ft; Two Story: not less than 1,400 sq ft with at least 900 sq ft on first story. All require a minimum double attached (Article X(b), DOC 135042 p10; DOC 134708)

Maintenance

Replacements of roofs or other structure portions because of age, casualty loss or other reason must be of the same materials, location and elevation as the original unless approved in writing (Article XI(b), DOC 135042 p11; DOC 13470)

Insurance

Homes Association shall maintain public liability, workers compensation, fidelity, fire and extended coverage, director and officer liability, indemnification and other insurance (Article III(c), DOC 135042 p6; DOC 13470)

Use restrictions

Lots may be improved, used or occupied only for single-family, private residential purposes; no duplex, flat or apartment house; no moved, earth, prefabricated or manufactured homes; no trailer or Exterior Structure used for human habitatio (Article VIII, DOC 135042 p9; DOC 134708 )

Voting & meetings

One class of voting membership: Owners entitled to one vote per Lot; if multiple owners, no more than one vote may be cast per Lot (Article II(a)-(b), DOC 135042 p5)

Amendments

Owners of two-thirds of the Lots may amend, modify or terminate the Declaration at any time by duly acknowledged, recorded written agreement signed by those Owners (Article XXIV, DOC 135042 p17; DOC 134708)

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