ARTICLE I

OFFICE

The principal office of the Association shall be at the residence of the President of the Association in Jackson County, Missouri. 

 

ARTICLE II

MEETINGS 

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Section 1. Monthly Meetings. Monthly meetings shall be held on the third Monday of each month at 7:00 pm at a designated location within Jackson County, Missouri.

 

Annual Meetings. The annual meeting of the members of the Association shall be held on the third Monday in January at 6:00 pm at a designated location within Jackson County, Missouri as specified by the board of directors. Written notice of each annual meeting shall be given by mail to each member at his last known address as shown by the records of the Secretary/Treasurer. Such notice shall be mailed at least ten (10) days in advance of the date of such annual meeting and shall state the date, time and place of such meeting and the order of business to be transacted. 

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Section 2. Special Meetings. Special Meetings of the Association may be called upon by the President and shall be called by him upon written request and filed with the Secretary. Not less than ten (10) days written notice shall be given of any special meeting and such notice shall state the place, date. hour and purpose of such meeting. 

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Section 3. Notice of Meetings. Notice of meetings of the Association shall be given as in this Article provided, and any notice sent by mail shall be deemed to be delivered when deposited in the United States mall, with postage paid thereon, addressed to the member at his address as it appears on the records of the Association. For the purpose of giving notice of annual meetings, the membership records of the Association may be closed by direction of the Board of Directors not earlier than thirty (30) days prior to the date of such meetings. Any notice required to be given to any person by any article or section of these By-Laws may be waived by waiver signed by such person or by the personal presence of such person at any meeting to which such notice pertains. Notice given to any one of several owners of a unit shall be notice to all owners of such unit. 

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Section 4. Organization of Meetings. The President, or in his absence any duly appointed officer, shall call all meetings of the Association to order and shall act as Chairman of such meetings. The Secretary, or an Assistant Secretary of the Association shall act as Secretary at all meetings of the Association and shall keep a record thereof. 

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Section 5. Quorum. A simple majority of active officers and board of directors in good standing shall constitute a quorum for the transaction of any Association business. 

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Section 6. Voting. At each duly constituted meeting of the Association each owner of a unit of improved property shall be entitled to cast one (1) vote for each unit owned by him as shown by the records of the Association, provided, however, that in cases where the unit record ownership shall be in the husband and wife, in co-ownership, or in multiple ownership, the one owner present may cast the unit vote upon his or her oral declaration that he or she represents the other owner or owners. No unit shall be entitled to be represented by or to cast more than one (1) vote per unit irrespective of the number of owners of such unit. No member who is delinquent or whose unit is delinquent in the payment of any assessment or assessments shall be entitled to vote until such delinquencies shall have been fully paid. Every member shall be entitled to vote by proxy appointed by an instrument in writing subscribed by the member and delivered to the Secretary not less than ten (10) days prior to such meeting, provided that no proxy shall be valid after eleven (11) months from the date of its execution. 

 

ARTICLE III

COVENTANTS, CONDITIONS AND RESTRICTIONS

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Section 1. Each owner of a unit is responsible for maintaining the grasses and weeds within their property. A violation will exist when weeds or grasses are more than six (6) inches in height. Owners are responsible for removing any hazardous tree or limbs, fallen limbs or brush from greenery. No yard work shall be done within the hours of 7:00 P. M. and 7:00 A. M. unless a permit for the work is awarded from Kansas City, MO or Grandview, MO. A violation will exist if the owner does not rectify issue within twenty (20) day of formal notification from the Crossgates Homes Association.

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Section 2. Each owner is responsible for maintaining the exterior of their unit and all other buildings and improvement on their lot. The objective is to maintain the viability neighborhood and protect property values. An owner may be found in violation of any these infractions:

A. Peeling, cracked, or blistered paint / damaged siding

B. Broken cracked or missing windows or door

C. Improper maintenance or disrepair of gutters, eaves, soffits, or fascia boards

D. Any Fence (s) that exceed 8 ft, have barb wire are found to be disrepair or retaining walls in disrepair

E. Litter, trash, and rubbish (bagged or scattered) in front of property more than twelve (12) hours before or after trash day

F. Inappropriate storage of items such as interior furniture outdoors

G. Graffiti of any kind

If a violation is found the owner will be notified and have twenty (20) days to rectify said violation.

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Section 3. Any motor vehicle must be parked on a paved parking area such a driveway, carport of garage. Vehicles are not allowed to park on the grass, or any area intended for landscaping; this includes to rear and side yards. Recreational vehicles, boats, campers, trailers shall not be parked on any easements or for more than 48 hours. Inoperable vehicles and equipment must be stored in an enclosed area or fully covered. A violation will exist if the owner does not rectify issue within twenty (20) day of formal notification from the Crossgates Homes Association.

 

Section 4. Animals permitted are dogs, cats, caged birds, fish, and other small household pets. Dogs shall be on a leash and waste scooped whenever off their property. Poultry may be kept for personal use only. Pit bulls are not allowed for Grandview, MO residents and Kansas City residents are only permitted to own said breed if the animal has been spayed or neutered.

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Section 5. Any owner that desires to become a landlord must register with the appropriate city (Grandview or Kansas City) and notify the Crossgates Homes Association whenever the rental is active. The owner assumes full responsibility and liability for their tenants honoring the covenants, restrictions and any amendments established by the Crossgates Homes Association. The property owner understands that they are solely responsible for any assessments/violations that incur as a result of any tenant or other occupants.

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Section 6. The burning of any trash, toxic or hazardous material is strictly prohibited. The burning of a substance which creates or generates any disagreeable, noxious or unwholesome smell or odor is prohibited. Disposing of a hazardous or toxic liquids or substances of any kind whatsoever, into the ground, or into or upon any street, sidewalk is strictly prohibited.

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Section 7. The sale or distribution of drugs or any other illegal activity is strictly prohibited. As a home association we will inform local and Federal law enforcement authorities and assist as needed in the prosecution of the person/persons.

 

Article IV

MEMBERSHIP 

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Section 1. "Member” or “member of Crossgates Homes Association” (which singular term may include the plural thereof) is declared to be and such terms are defined to mean and include any owner or owners of any unit of improved property included within the subdivision known as Crossgates in Jackson County, Missouri, as the same is or hereafter shall be shown on the recorded plats of said subdivision now on file and of record or which may hereafter be on file and on record in the office of the Recorder of Deeds in and for Jackson County, Missouri.

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Section 2. Special Meetings. Special Meetings of the Board of Directors may be called by the President and shall be called by him upon written request, addressed to the Secretary. The secretary shall notify each Director. Each Director shall be given a three day written notice, delivered personally or by mail or phone, of the date, place and hour of such special meeting, and such notice shall also state the business to be transacted at such meeting. 

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Section 3. Quorum. At all meetings of the Board of Directors the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and the act of the majority of the Directors present at any legally constituted meeting, at which a quorum is present, shall be the act of the Board of Directors, except as may be otherwise specifically provided by statute, or by the Articles of Agreement or by these By-Laws. A minority of the Board present at any regular or special meeting, may, in the absence of a quorum, adjourn to a later date, but may conduct any necessary business with the consent of the President. 

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Section 4. Election of Directors. At the first meeting of the members of the Association held in January, 1964, three members shall be nominated and elected as Directors for a term of three (3) years each, or until the annual meeting is held in the year 1967, three members shall be nominated and elected as Directors for a term of two (2) years each, or until the annual meeting held in the year 1966, and three members shall be nominated and elected for a term of one (1) year each, or until the annual meeting held in the year 1965. Thereafter at each annual meeting beginning with the annual meeting held in the year 1985, a minimum of three (3) members and up to five (5) shall be nominated and elected as Directors for a term of three (3) years each, as herein provided. 

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Section 11. Nominations for Directors. Nominations for Directors may be made in person and filed with the Secretary not less than twenty (20) days prior to the date of any annual meeting of the Association. Nominations may also be made from the floor at any annual meeting of the Association. Voting for Directors shall be by written ballot if four or more people are nominated. The three (3) persons receiving the highest number of votes cast at the annual meeting shall be declared elected as Directors.  The board of Directors may appoint up to two (2) additional directors.

 

ARTICLE V

OFFICERS 

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Section 1. Number The officers of the Association shall be a President, a Vice-President, a Secretary and a Treasurer. Any two of the above offices, except that of President and Vice-President, may be filled by the same person. 

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Section 2. Election. The Board of Directors at its meeting held following the first meeting of the members in January 1964, and at its meetings held immediately following the annual meeting of the Association, thereafter held, as herein provided, shall elect by ballot, from their own number, a President, a Vice-President, a Secretary and a Treasurer. A majority of the whole number of Directors shall be necessary for the election of each of said officers. 

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Section 3. Additional Officers and Agents. The Board of Directors may appoint such other officers, including one or more assistant secretaries, and agents as it shall deem necessary, and they shall have such authority and shall perform such duties as may be prescribed by the Board of Directors from time to time. 

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Section 4. Tenure. The officers and agents of the Association shall hold office for two (2) years and until their respective successors are chosen and quality in their stead. 

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Section 5. Compensation. The Directors, The President, Vice-President Secretary and Treasurer of the Association shall receive no compensation as such officers. Compensation of the other officers and agents of the Association may be fixed by the Board of Directors. 

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Section 6. Removal. Any Board of Director member elected or appointed by the Board of Directors may be removed at any time with or without cause by the affirmative vole of a majority of the whole Board of Directors. 

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Section 7. The President. The President shall be the chief executive officer of the Association and shall discharge the duties normally incumbent on such officer. He shall preside at all meetings of the Association and at all meetings of the Board of Directors and shall make an annual report to the members of the Association at each annual meeting. He shall see that all orders and resolutions of the Board of Directors are carried out into effect, subject, however, to the right of the Board of Directors to delegate any specific powers, except such as may be conferred exclusively by statute on the President, to any other officer or officers of the Association. Unless otherwise provided, he shall execute all contracts entered into by the Association. 

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Section 8. The Vice-President. The Vice-President, in the absence or inability of the President shall perform the duties of the President and shall be subject to all restrictions imposed upon the President. 

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Section 9. The Secretary. The Secretary shall attend all meetings of the Board of Directors and all meetings of the Association and act as the recorder of records for all votes and minutes of all proceedings. He shall be responsible for the giving of all required notices and shall perform such other duties as may be prescribed by these By-Laws, by the Board of Directors or by the President. 

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Section 10. The Treasurer The Treasurer shall have custody of the Association funds and financial records of the Association and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Association, he shall have such powers and perform such duties as may be assigned to him from time to time by the President or the Board of Directors As Treasurer his books and records may be audited not less frequently than once each year by a committee of two (2) members of the Association appointed by the President not less than sixty (60) days in advance of the annual meeting of the Association, in lieu of an internal the audit the President may employ the services of a competent certified public accountant for the making of such audit. The report of such audit shall be made at the annual meeting of the Association and copies thereof made available to members. The Treasurer may be required to give a sufficient surety bond in an amount to be fixed by the Board of Directors with corporate surety and conditioned upon the faithful performance of his duties and the accounting for all monies received and disbursed by him. The premium of such bond shall be payable

from funds of the Association. Monies shall be disbursed only in furtherance of the purposes of the Association. The Treasurer shall render a financial report at each annual meeting of the Association.

 

ARTICLE VI

VACANCIES 

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Section 1. Filling of Vacancies. I the office of any Director, the President Vice-President, Secretary or the Treasurer, or any other officer or agent, becomes vacant by reason of the death, resignation, disqualification, removal from office, or otherwise. The Directors then in office, although less than a quorum by majority vote may choose a successor or successors who shall hold office for the remaining term in respect of which such vacancy occurred. 

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ARTICLE VII

DISBURSEMENT OF FUNDS 

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Section 1. Bank Account All monies of the Association, received from any source, shall be kept in a bank account in a bank located in Jackson County, Missouri, which said bank shall be a member of the Federal Deposit Insurance Corporation, and designated by the Board of Directors. 

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Section 2. Checks. All disbursements of funds of the Association shall be by check and all such checks shall be signed on behalf of the Association by such officer of the Association as may be designated by the Board of Directors and shall be countersigned by another officer of the Association designated by the Board of Directors. 

 

ARTICLE VIII

INDEMNIFICATION OF OFFICERS AND DIRECTORS 

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Section 1. Indemnity. Each person who is, becomes or has been a director or officer, or both of the Association shall be, and is hereby indemnified by the Association against any expense at any time reasonably incurred by, or imposed upon such person in connection with, or arising from or out of any action, suit or proceeding brought, or claim asserted, against such person by reason of such person's service, the present or then past, as a director or officer, or both of the Association. The word "expense" shall include, but shall not be limited to, amounts paid in satisfaction of judgements, court costs, attorneys'; fees and amounts paid in settlement of claims. Such indemnity shall not apply to any expense in connection with, or arising from or out of any action, suit or proceeding in which such person shall be finally adjudged to be liable for intentional misconduct in the performance or non-performance of such person's duty as such director or officer, or both; nor shall such indemnity apply to any expense in connection with, or arising from or out of any action, suit, proceeding or claim which is disposed of without final adjudication by payment of an amount in settlement unless such settlement was or will be in the best interest of the Association and unless such person was not guilty of intentional misconduct in the performance of nonperformance of such person's duty as such director or officer, or both. The said indemnity shall inure to the benefit of the heirs, executers and administrators of such person. The said indemnity shall be in addition to and not in derogation of any other rights to which such person shall be entitled, whether as a matter of law, by agreement under any other By-Law, by vote of the Association or otherwise. 

 

ARTICLE IX

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Section 1. Power. The Board of Directors shall have the power and duty to hear and make decisions regarding violations and written complaints filed with the Board and impose fines or other sanctions, pursuant to this policy. The Board may determine enforcement action on a case by case basis, and take other actions as it may deem necessary and appropriate to assure compliance with the Bylaws and the Covenants, Conditions, and Restrictions for Crossgsates Home Association; and to create a safe and harmonious living environment. These enforcement provisions may be in addition to other specific provisions outlined in Bylaws and the Covenants, Conditions, and Restrictions, and the Association is not required to follow these enforcement provisions before seeking such other remedies. The Association may choose a legal remedy or seek assistance from other enforcement authorities, such as police, fire, or animal control, as it deems appropriate.

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Section 2. Notice of Complaint and Warning Letter Upon receipt of a complaint of an alleged violation of the Bylaws and the Covenants, Conditions, and Restrictions, if the Board determines that the allegations in the complaint are sufficient to constitute a violation and that action is warranted, the Board shall send a warning letter (“Warning Letter”) to the property owner(s) (the Respondent”) alleged to have violated the Documents, by first class United States Postal Mail addressed to the mailing address of the Respondent appearing on the records of the Association. The Warning Letter shall advise the Respondent of the following: (1) the details of the complaint, or include a copy of the complaint; (2) that the Board has reason to believe that the Respondent has violated the Bylaws and the Covenants, Conditions, and Restrictions; and (3) directing the Respondent to cease the violation activity or stating that the Respondent to cease will have 14 days from the date of the Warning Letter to come into compliance, and/or that further enforcement action will be taken for enforcement of the Documents, including the imposition of fines.

 

Section 3. Continued Violation After Warning Letter and Right to an Appeal. If following the Warning Letter having been sent to the Respondent, the Association receives further complaint of the same or similar violation by the same Respondent or that the Respondent has not corrected the violations by the same Respondent or that the Respondent has not corrected the violation within the allotted time outlined in the warning, the Association shall send a second notice to the Respondent, by certified United States mail addressed to the mailing address of the Respondent appearing on the records of the Association. The notice shall advise the Respondent of the following: (1) the details of the complaint, or include a copy of the complaint; (2) a copy of the warning letter (3) the action that may be taken; (3) his or her right to a written appeal at a meeting of the Board which is at least ten (10) days after the date of the notice; (4) the date on which the appeal must be received by and (5) The Board’s right, at its discretion, to make its determination of the allegations contained in the Complaint, if the Respondent fails to appeal by the specified date and time or otherwise respond the Complaint.

 

Section 4. The appeal shall be held at the scheduled time with the letter, indicated and heard by the board, unless the Respondent has fails to respond or submit a proper appeal. The Board may grant continuances for good cause. The Board may: (a) exercise its discretion as to the specific manner in which the appeal process shall be conducted; (b) questions witnesses and review evidence; and (c) act as it may deem appropriate or desirable to permit it to reach a just decision. Neither the Respondent or the complainant is applicable must be attendance at the appeal, but both are encouraged to attend. Any party may elect not to present evidence at the meeting. Any decision by the Board shall be fair and reasonable taking into consideration all of the relevant facts and circumstances. Each appeal shall be open to attendance by all Members of the Association.

 

Section 5. If the Respondent does not appear but has filed the written appeal the Board may render its decision based on the information contained in the Complaint and the written appeal, considering all of the relevant facts and circumstances. If neither an appearance nor a written appeal is made, the Board need not conduct a an appeal or make any further findings except that it may determine that the Respondent’s failure to appear or respond constitutes a waiver of the right to a appeal, and a no contest plea to the Complaint, and impose the sanctions provided for herein. If an appearance is made, and no written appeal has been filed the board shall at discretion proceed with the appeal process. After all testimony and other evidence has been presented to the Board, the Board shall render its decision(s), taking into consideration all of the relevant facts and circumstances. Except as provided herein, the Board’s decision shall have an effective date no sooner than five (5) day after the appeal. If the Board does not inform the Respondent of its decision at the time of the meeting, or if no appeal is held, the Board will provide a written notice of the decision to the Respondents address of record via ceritifed US Postal mail no more than five (5) days after the decision is made.

 

Section 6. The provisions of this Policy shall not limit, or be a condition precedent to, the Association’s right to enforce the Documents by any means available to the Association, including, but not limited to, commencement of a lawsuit to force compliance or seeking injunctive relief or damages. The Association shall be entitled to reimbursement of all reasonable attorneys’ fees and costs incurred by the Association in connection with any enforcement action, including any proceeding under this Policy. Without limiting the privileges, and impose other sanctions in accordance with this Policy. Without limiting the Associations’ remedies under the Bylaws and the Covenants, Conditions, and Restrictions and any amendments, the Board may assess fines, suspend membership privileges, and impose other sanctions in accordance with this Policy.

 

Section 7. Fines may be levied by the Board for violations of the Documents as follows:

Number of Violations in 12 Month Period Fine Amount

First Violation $50.00

Second Violation $100.00

Third Violation $250.00

 

A Member who accumulates more than 3 violations within a 12 month period may be deemed to be a habitual offender. For habitual offenders, continuing violations, or violations which have an indefinite commencement or termination date, the Board may impose such additional fines as are deemed reasonable by the Board without regard to the schedule set forth above. In event of a determination by the Board of a willful, wanton or flagrant disregard for the provisions of the Documents, or based on the severity of the violation, the Board may impose such additional fines as are deemed reasonable by the Board without regard to the schedule set forth above.

 

Section 10. Members shall at all times be responsible for the actions of their tenants and guests. In the event that a Member’s tenant or guest violates the Documents and a fine is imposed, the fine shall be assessed against that Member.

 

Section 11. Failure by the Association to enforce any provision of this Policy shall in no event be deemed to be a waiver of the right to do so thereafter.

 

ARTICLE X

AMENDMENTS 

 

Section 1. The members of the Association, by an affirmative vote of a majority of such members, may alter or amend these By-Laws at any regular meeting of the Association, or upon notice at any special meeting. The Board of Directors shall have authority to pass such additional By-Laws not inconsistent herewith as it may deem advisable, which By-Laws so passed shall remain in effect until they are rescinded by the Board; but shall not remain in effect after the next regular meeting of the Association. In the event such By-Laws are not the approved, they shall be void and of no effect after the adjournment of said next regular meeting of the Association, provided, however, that neither the members of the Association, or the Board of Directors may alter or amend these By-Laws or pass additional By-Laws which contravene or are inconsistent with the Articles of Agreement of the Association or the Constitution and the laws of the State of Missouri. 

 

The above By-Laws were fully adopted at the first meeting of the members of the Crossgates Homes

Association held on the 27th day of January 1964. 

Signed: Donald H. Ong 

Chairman 

 

Signed: Grace M. Stuart 

Secretary 

Changes of the above By-Laws were fully adopted at the March 1999 meeting of the members of the

Crossgates Homes Association held on the 15th day of March 1999