HICKORY GROVE TOWNHOMES
Homeowners Association By-Laws
SECTION 1: “Association” shall mean and refer to Hickory Grover Town Home Association, its successors and assigns, a nonprofit corporation organized pursuant to Chapter504A of the Code of Iowa, 1993, as amended.
SECTION 2: “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
SECTION 3: “Properties” shall mean and refer to that certain property described in Article II of the Declaration of Covenants, including any plat, division, or subdivision or portion thereof as may hereafter be brought within the jurisdiction of the Association.
SECTION 4: “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:
Lots A, B, and C in HICKORY GROVE PLAT NO. 1, an Official Plat, now included in and forming a part of the city of Des Moines, Polk County, Iowa.
SECTON 5: “Living Unit” shall mean and refer to any portion of a residence situated upon a Lot designated and intended for use and occupancy as a residence by a single family.
SECTION 6: “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area, whether or not the same is a platted lot.
SCTION 7: “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.
SECTION 8: “Declarant” shall mean and refer to Hickory Grove, L.C., its successors and assigns.
SECTION 9: “Exterior Maintenance” shall mean and refer to the painting and restraining of exterior surfaces as required from year to year, as well as other items such as roof replacement as may be determined necessary by the Board of Directors and which must be coordinated through the Board of Directors to insure an ongoing continuity of construction and harmony of architectural design and color scheme. The Lot Owners shall be responsible at their own expense for the repair and replacement of items peculiar to the particular lot, including but not limited to, decks, stoops, driveways, sidewalks, doors, and windows. Such items shall not be considered exterior maintenance and the cost thereof shall not be included as part of any maintenance assessments.
SECTION 10: “Capital Improvements” shall mean and refer to any construction of, reconstruction of, substantial alteration of, substantial repair of, or substantial addition to the physical amenities, utilities, and improvements upon the Common Area.
ARTICLE II – Property Rights
SECTION 1: Each Member shall be entitled to the use and enjoyment of the Common Area as provided in the Declaration.
SECTION 2: Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and the facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III – Membership and Voting Rights
The membership and voting rights in the Association shall be governed by the provisions contained in the Declaration.
ARTICLE IV – Covenant for Maintenance Assessments
The maintenance assessments and other assessments and the provisions relating thereto as the same affects Members of the Association shall be governed by the provisions contained in the Declaration.
ARTICLE V – Meeting of the Members
SECTION 1: Annual Meeting. The annual meeting of the Members shall be any date during the month of June as determined by the Board of Directors from time to time.
Amended from original, which was… SECTION 1: Annual Meetings. The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 P.M. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour of the first day following which is not a legal holiday.
SECTION 2: Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A Membership.
SECTION 3: Notice of Meetings. Written notice stating the place, date, and hour of any annual or special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than ten (10) days nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the President, or Secretary, or the officer or persons calling the meeting, to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his address as it appears on the records of the Association, with postage thereon prepaid.
SECTION 4: Quorum. The presence at the meeting of Members entitled to cast fifty percent (50%) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
SECTION 5: Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.
ARTICLE VI – Board of Directors – Selection – Term of Office
SECTION 1: Number. The management and affairs of this Association shall be managed by the Board of Directors who must be members of the Association.
SECTION 2: Term of Office. At the first annual meeting of the Members, they shall select one-third (1/3) of the Directors for a term of one (1) year, one-third (1/3) for a term of two (2) years, and one third (1/3) for a term of three (3) years; and at each annual meeting thereafter, the Members shall elect a Board Member for a term of three (3) years.
SECTION 3: Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of a death, resignation, or removal of a Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor
SECTION 4: Compensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.
SECTION 5: Action Taken Without Meeting. The Directors shall have right to take any action in the absence of a meeting which they could take at a meeting by obtaining written approval of all the Directors. Any action so approved shall have the same effect as through taken at a meeting of the Directors.
SECTION 6: Number of Directors. The number of Directors may be changed by the Membership by amendment of these By-Laws.
SECTION 7: Initial Board of Directors. Dennis K. Langwith and Susan R. Langwith shall constitute the initial Board of Directors until such time as three (3) lots in the development have been sold to persons other than the Declarant. At such time, a special meeting of the members of the Association shall be held to elect the Board of Directors that shall serve until the first annual meeting of the Members.
ARTICLE VII – Nomination and Election of Director
SECTION 1: Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its secretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-members.
SECTION 2: Election. Election to the Board of Directors shall be by secret, written ballot. At such election, the Members or their proxies may case, in respect to each vacancy as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VIII – Meeting of Directors
SECTION 1: Regular Meetings. Regular meetings of the Board of Directors shall be held on the first Monday in the month of March and September of each year, without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
SECTION 2: Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) days notice to each Director.
SECTION 3: Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
SECTION 4: Waiver or Consent. The transaction of any business at any meeting of the Board of Directors, however called and noticed, or wherever held, shall be as valid as though made at a meeting duly held after regular call and notice of a quorum is present and, if either before or after the meeting, each of the Directors not present signs a written Waiver of Notice, or a Consent to the holding of such meetings, or an approval of the Minutes thereof. All such Waivers, Consents, or Approvals shall be filed with the corporate records and made part of the Minutes of the meeting.
ARTICLE IX – Powers and Duties of the Board of Directors
SECTION 1: Powers. The Board of Directors shall have power to:
A. Adopt any public rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof;
B. Suspend the voting rights and the right to use the recreational facilities of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed sixty (60) days for the infraction of published rules and regulations;
C. Exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
D. Declare the office of a Member of the Board of Directors to be vacant in the event such Member shall be absent from three (3) consecutive, regular meetings of the Board of Directors;
E. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties, and;
F. Cause the exterior of the Living Unites to be maintained as required in the Declaration.
SECTION 2: Duties. It shall be the duty of the Board of Directors to:
A. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members of the Association who are entitled to vote;
B. Supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed;
C. As more fully provided in the Declaration, to:
1. Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
2. Send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
3. Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same
D. Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
E. Procure and maintain adequate liability and hazard or other insurance on property owned by the Association;
F. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
G. Cause the Common Area and any recreational facilities to be maintained.
SECTION 3: Reserve Fund. After consideration of the future requirements for exterior maintenance, as defined in Section 9, Article I of the Declaration, the Board of Directors shall have the power and authority to levy as part of the annual assessment such sums of money as they shall determine necessary to provide for the payment of future exterior and Common Area maintenance provided that:
A. Such sum does not increase the maximum annual assessment permitted by the Declaration;
B. The portion of the annual assessment which constitutes the Homeowners’ contribution to the reserve fund be specifically identified subject to the provisions of Article V of the Declaration;
C. Such Monies shall be credited to an appropriate account on the books of the Association with the designation “Reserve Funds – Exterior Maintenance”; and
D. Such reserve will be in addition to and separate from the reserves for contingencies regularly maintained by the Association.
E. (Added to original)Reserve funds shall be separated into accounts designed as HGI to benefit units locally known as 4525, 4535, 4545, 4555 – 41stStree and HGII to benefit units locally known as 4410, 4420, 4430, 4440, 4411, 4421, 4421, and 4441 – 41stStreet, Des Moines, Iowa.
F. (Added to original) The Board of Directors shall have the sole authority to approve the transfer of monies from the reserve funds not to exceed $2,500.00 at any time. If additional funds are required from the reserve funds, members of the Association shall approve by majority vote.
ARTICLE X – Officers and Their Duties
SECTION 1: Enumeration of Offices. The officers of this Association shall be a President, Vice-President, Secretary, and Treasurer, and such other officers as the Board may from time to time by resolution create.
SECTION 2: Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
SECTION 3: Term. The officers of the Association shall hold offices for two years unless he/she shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Amended from the original, which was… SECTION 3: Term. The officers of this Association shall be elected annually by the Board and shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
SECTION 4: Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
SECTION 5: Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified herein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
SECTION 6: Vacancies. A vacancy in any office may be filed by appointment by the board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
SECTION 7: Multiple offices The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
SECTION 8: Duties. The duties of the officers are as follows:
A. President – The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign with the Treasurer all checks for $500.00 or more and all promissory notes.
Amended from the original, which was… President – The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks and promissory notes.
B. Vice-President – The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
C. Secretary – The Secretary shall record the votes and keep the Minutes of all meetings and proceedings of the Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses and shall perform such other duties as required by the Board.
D. Treasurer – The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget, and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy to each of the Members. (Added per amendment) All checks for $500.00 or more as well as all promissory notes shall be cosigned by the President of the Association.
ARTICLE XI – Committees
The Association may approve a Landscape/Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided by the By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
Amended from the original, which was… The Association may appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
ARTICLE XII – Books and Records
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
ARTICLE XIII – Assessments
As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the highest rate permitted byt eh las of the State of Iowa, but in no event to exceed twenty percent (20%), and the Association may bring an action at law against the Owner personally obligated to pay the same of foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
ARTICLE XIV – Corporate Seal
The Association shall have no seal.
ARTICLE XV – Amendments
SECTION 1: These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy.
SECTION 2: In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
ARTICLE XVI – Miscellaneous
The fiscal year of the Association shall begin on the first day of January and end on the 31stday of December of every year, except that the first fiscal year shall begin on the date of incorporation.
We find no acknowledgement for the foregoing instrument.
Real Estate taxes for the Fiscal Year 1991-1992 and all prior years paid.
Fiscal Year 1992-93 Assessed in Webster Township (310).
Parcel No. 84-2. E ½ NE ¼ SWO/4 SEC 20-79-24
1stInstallment - $1.00 Paid
2ndInstallment - $1.00 Paid
SEARCHES FOR PERSONAL LIENS for the past ten years to date hereof, unless otherwise stated, against:
Dennis K. Langwith
Susan R. Langwith
From July 26, 1993
Hickory Grove, L.C.
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HICKORY GROVE PLAT NO. 1
WHEREAS, the undersigned Lot Owners own 100% of all the lots contained in Hickory Grove Plat No. 1 and Hickory Grove Plat No. 2 (Corrected Plat), hereafter referred to as “Properties,” located in and forming a part of the following described real property:
Lots 1,2,3,4,A,B,C,Outlot A, and Outlot B, of Hickory Grove Plat No. 1, except that part platted as Hickory Grove Plat 2 (Corrected Plat), AND
Lots 1,2,3,4,5,6,7,8,A,B,C, and Outlots X of Hickory Grove Plat 2 (Corrected Plat) all now included in and forming a part of the City of Des Moines, Polk County, Iowa.
;and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Hickory Grove Plat No. 1 was recorded in Book 7039, Page 731, Books 9857, Page 648, Book 12044, Page 894 and Book 12877, Page 8 of the Polk County Recorder’s Office, hereafter referred to as “Declaration”, and
WHEREAS, on June 9, 2014, at the annual meeting of the Hickory Grove Town Home Association, the members voted to amend the Declaration in certain respects; and
WHEREAS, the undersigned owners of 100% of the Lots contained in the Properties wish to make amendments to the Declaration in the following repects:
IT IS THEREFORE AGREED AS FOLLOWS:
1. Article VI of the Declaration is deleted in this entirety and the following paragraph inserted in lieu thereof.
Article VI Landcape/Architectural Control
No building, fence, wall, room addition, deck, patio or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approve in writing as to harmony of external design and location in relation to surrounding structures and topography by the Landscape/Architectural Control Committee and by the Board of Directors of the Association. The plans shall first be submitted to the Landscape/Architectural Control Committee who shall then make a recommendation to the Board of Directors of the Association. The Landscape/Architectural Control Committee shall be composed of three (3) representatives appointed by the Board of Directors of the Association. The Landscape/Architectural Control Committee shall be allocated $500.00 by the Board of Directors as needed for petty cash.
2. Article X, Section 2 of the Declaration is deleted in its entirety and the following paragraph inserted in lieu thereof:
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes and provided the breed is not a pit-bull of pit-bull mix. In no event, however, shall more than one dog or one cat be maintained on any one lot at any time and said dog or cat shall not exceed 45 pounds, unless additional pets or requests for larger pets are approved in writing by the Board of Directors of the Association. If approval is given by the Board of Directors of the Association for additional pets or lager animals and the animal dies, the owner must seek additional written approval by the Board of Directors of the Association for exceptions to the above described policies.
The Association is not responsible for damage to the Invisible/electric fence and shall be held harmless by the owner in the event of damage caused to property or persons by the invisible fence system or the animal.
3. Article X of the Declaration is amended by adding the following:
SECTION 10: The following restrictions apply to all lots:
(A) No garage or tag sales shall be permitted;
(B) No charcoal grills on decks;
(C) No commercial enterprise on lots where the public comes to the lots;
(D) No types of lawn ornaments on any lot except those lawn ornaments approved by the Board of Directors. The current lawn ornament known as Mr. Moose is deemed approved in its present location; and
(E) American flags will never be prohibited in the Common Areas and the flag must be displayed with proper care and treatment per the provisions of the U.S. Flag Code.
4. The undersigned are all of the owners of lots in the Propoerties. The owners desire to extend the Declaration for an additional twenty one years as allowed under Iowa Code Section 614.24 (1). The original interest arose in the Declaration of Covenants filed in Book 7039 Page 600 of the Polk County Recorder’s Office.
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR HICKORY GROVE PLAT NO. 1
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Polk County, Iowa, which is more particularly described as:
Lots 1 through 4, Outlots A and B, and Lots A, B, and C in HICKORY GROVE PLAT NO. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold, and conveyed subject to all prior easements recorded and to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding upon all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors and assigns, and hall inure to the benefit of each owner thereof.
ARTICLE 1 – Definitions
SECTION 1. “Association” shall mean and refer to “Hickory Grove Town Home Association”, its successors and assigns, a nonprofit corporation organized pursuant to Chapter 504Q of the Code of Iowa, 1993, as amended.
SECTION 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
SECTION 3. “Properties” shall mean and refer to that certain real estate described in Article II of this Declaration of Covenants, including any plat, division, or subdivision or portion thereof as may hereafter be brought within the jurisdiction of the Association.
SECTION 4. “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as follows:
Lots A, B, and C in HICKORY GROVE PLAT NO 1., an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa.
SECTION 5. “Living Unit” shall mean and refer to any portion of a residence situated upon a Lot designated and intended for use and occupancy as a residence by a single family.
SECTION 6. “Lot” shall mean and refer to any plot of Land shown upon any recorded subdivision map of the properties with the exception of the Common Area, whether or not the same is a platted lot.
SECTION 7. “Members” shall mean and refer to those persons entitled to membership as provided in the Declaration.
SECTION 8. “Declarant” shall mean and refer to Hickory Grove, L.C., its successors and assigns.
SECTION 9. “Exterior Maintenance” shall mean and refer to the painting and restraining of exterior surfaces as required from year to year, as well as other items such as roof replacement as may be determined necessary by the Board of Directors and which must be coordinated through the Board of Directors to insure an ongoing continuity of construction and harmony of architectural design and color scheme. The Lot Owners shall be responsible at their own expense for the repair and replacement of items peculiar to the particular Lot including, but not limited to, decks, stoops, driveways, sidewalks, doors, and windows. Such items shall not be considered exterior maintenance and the cost thereof shall not be included as part of any maintenance assessments.
SECTION 10. “Capital Improvements” shall mean and refer to any construction of, reconstruction of, substantial alteration of, substantial repair of, or substantial addition to the physical amenities, utilities, and improvements upon the common area.
SECTION 11. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions to which the Properties are subject.
ARTICLE II – Property Subject to this Declaration
SECTION 1. The property which is subject to and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Polk County, State of Iowa, and is more particularly described as:
Lots 1 through 4, Outlots A and B and Lots A, B and C, in HICKORY GROVE PLAT NO. 1, and Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa.
SECTION 2. Additional Property. Additional real property may be annexed by the Declarant without the consent of the members at any time provided that the same is contiguous to real property within the jurisdiction of the Association. Annexation by the Declarant shall be done by Declarant filing in the office of the Recorder of Polk County, Iowa, an Amendment to this Declaration setting forth the real property so annexed. It is presently contemplated that the West Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 20, Township 79 North, Range 24 West of the 5thP.M., Des Moines, Polk County, Iowa, AND the West Half of the North 5.3 feet of the Southeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 20, Township 79 North, Range 24, West of the 5thP.M., Des Moines, Polk County, Iowa (McBride property) is the property that could potentially be added to the terms of this Declaration. Nothing herein should be construed as obliging the Declarant at any time for any reason to add any additional property to the terms of this Declaration.
ARTICLE III – Property Rights
SECTION 1. Owners’ Easements of Enjoyment. Each Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provision:
(a) The right of the Association to dedicate and transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the members has been recorded.
SECTION 2. Delegation of Use. Any Owner may delegate, in accordance with the By-laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
SECTION 3. Reconstruction of Living Units. If a Living Unit is damaged or destroyed by any cause, the Lot Owner shall be required to initiate repair, restoration or reconstruction of such Unit according to the plans and specifications for such Unit for which a Building Permit was issued for original construction within fifteen (15) days, with completion of such repair, restoration or reconstruction to take no more than one hundred eighty (180) days with the following exceptions:
(a) If such repair, restoration or reconstruction is desired in a manner that differs from the plans and specifications of original construction, such changes in plans must be approved by seventy-five percent (75%) of the Lot Owners.
(b) Failure by the Lot Owner to initiate and complete repairs, restoration, or reconstruction of the Living Unit as described previously in this section shall permit the Association to initiate such repairs, restoration or reconstruction or if deemed necessary by the board of Directors, the removal of said Living Unit and subsequent Lot improvements subject to the consent requirements of subsection (a) hereof, all at the Lot Owner’s cost.
SECTION 4. Declarant’s Reserved Rights. The Declarant shall have the following reserved rights as a Lot Owner:
(a) The right to create and dedicate easements for drainage or other utility purposes.
(b) The right to modify architecture and building materials.
(c) The right to maintain a general sales and construction office in a Living Unit.
(d) The right to sell or transfer its rights and obligations to a successor or assign.
(e) All rights reserved to Declarant pursuant to Article VI hereof regarding architectural control.
All reserved rights of the Declarant pursuant to this section, except subparagraphs (d) and (e) shall expire when the Declarant no longer has title interest in any Lot within the properties. Reserved rights shall not require the consent of Hickory Grove Town Home Association, its Board of Directors, or its membership.
SECTION 5. Special Assessment Obligations for Public Roads or Other Public Purposes. In addition to annual assessments authorized herein, the Association shall levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, the cost of any special assessment obligation for public roads, public utilities, or other public purposes which a public, quasi-public, or governmental authority may assess on any project even though the assessment boundaries may only cover a portion of the properties falling within this Declaration. Any such special assessment shall be levied against the entire development as a whole with each Lot Owner paying its proportionate share pursuant to its percentage of common expense allocation. The Association may enter into a contract and waiver to contract with the public, quasi-public, or governmental authority concerning any project involving a special assessment. If contract and waiver is used and adopted, the Association, on behalf of all Lot Owners and members of the Association, shall execute all documents required in connection with said contract and waiver in the form generally required by the public, quasi-public, or governmental authority. The Association may execute such documents only after securing a vote of a majority of both classes of members in person or by proxy at a meeting duly called for this purpose.
SECTION 6. Use of the Common Area. The Common Area shall be used strictly in accordance with the easement granted thereon. No owner shall obstruct or interfere whatsoever with the rights and privileges of other Owners in the Common Area and nothing shall be planted, altered, constructed upon, or removed from the Common Area, except by prior written consent of the Association. If an Owner violates this Section, the Association shall have the right to restore the common area to its prior condition and assess the cost thereof against the Owner who violates this Section and such cost shall become a lien upon the Lot and Living Unit of such Owner and shall become due to payable upon demand. The Association shall have the same right and powers to collect the cost of such restoration as provided in article V for the collection of delinquent annual assessments. If an owner interferes with the rights and privileges of another Owner in the use of the Common Area, and privileges of another Owner in the use of the Common Area, and privileges of another Owner in the use of the Common Area, the Association of the Owner may commence an action to enjoin such interference and the prevailing party shall be entitled to recover such reasonable attorney’s fees as the Court may allow, together with all necessary costs and disbursements incurred in connection therewith.
ARTICLE IV – Membership and Voting Rights in the Association
SECTION 1. Membership. Each Owner of a Lot which is subject to assessment pursuant to this Declaration shall be a member of the Association and shall receive one (1) vote for each Lot owned. Any Lot owned by more than one individual or entity shall also receive only one (1) vote with the multiple owners deciding who the particular owner shall be who shall be entitled to cast the vote for that lot. No fractional votes shall be allowed. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of a Lot shall be the sole qualification for membership. Until such time as a majority of Lots are owned by someone other than the Declarant, any tie vote on any matter shall be resolved in favor of the votes of the Declarant.
ARTICLE V – Covenants for Maintenance Assessments
SECTION 1. Creation of Lien and Personal Obligation of Assessments. The Declarant for each Lot, hereby covenants, and each owner of any Lot by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association:
(a) Annul assessments or charges.
(b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided, and
(c) Taxes or assessments levied by a government or quasi-governmental body on the Common Area and spread by the Association or such body pursuant to the allocated percentage established for each Lot for the payment of common expenses. The annual, special assessments, or governmental or quasi-governmental levies, together with interest, costs, and reasonable attorney’s fees incurred in connection with the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. The personal obligation for delinquent assessments shall pass to the Owner’s successor in the title by his acceptance of the Deed for a Lot upon which such assessments are delinquent.
SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners of the properties, and for the improvement and maintenance of the Common Area, and of the Living Units and buildings situated upon the properties, including but not limited to the payment of taxes, special assessments for work performed by a governmental or quasi-governmental subdivision, insurance, water charges, utility charges, repair, replacement of, and additions to, the Common Area, and for the cost of labor, equipment, materials, management and supervision.
SECTION 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Fifteen Hundred Dollars ($1,500).
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above fiver percent (5%) by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors of the Association may fix the annual assessment at an amount not to excess of the maximum.
(c) The Board of Directors of the Association shall, after consideration of future costs for exterior maintenance, establish a reserve fund for such purposes with the monies necessary for such reserve fund to be part of the annual assessment. The reserve fund shall be administered pursuant to the By-laws of the Association.
SECTION 4: Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting called for this purpose.
SECTION 5. Uniform Rate of Assessment. Both annual and special assessments shall be fixed for all Lots and shall be collected on a monthly basis except as otherwise provided to the contrary in this Declaration. All assessments shall be equally divided between the Lots Owners in order that each Lot is assessed the same monthly assessment as all other Lots. If and when any additional Lots are added to the development that contain Living Units and are made subject to this Declaration, Lots in the Regime pay the same monthly assessment amount. If any lots are added to the development and made subject to this Declaration at any time other than the 1stof January of any given year, any such additional Lot Owner shall be subject to assessments for only the pro rata portion of the given calendar year in which those lots are subject to this Declaration.
SECTION 6. Date of Commencement of Annual Assessments for Initial Lots: The annual assessments provided for herein shall commence as to all of the initial Lots subject to this Declaration on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
SECTION 7. Date of Commencement of Special Assessment. The due date of any Special Assessment under Section 4 of this Article shall be fixed in the Resolution authorizing such assessment.
SECTION 8. Notice of Members’ Meetings. Unless the Articles of Incorporation or the By-laws otherwise provide, written notice stating the place, date, and hour of an annual or special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than ten (10) nor more than fifty (50) days before the date of the meeting , either personally or by mail, by or at the direction of the President, or Secretary, or the officer or persons calling the meeting, to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the member at his address as it appears on the records of the Association, with postage thereon prepaid.
SECTION 9. Effect of Nonpayment of Assessment: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum rate allowed by Iowa law at the time of such delinquency. In addition to the collection of such delinquent amounts plus interest, the Association shall be entitled to recover any reasonable attorney fees and other costs involved with the collection of such delinquent amounts, which fees and costs shall also accrue interest as described above from the date of their incurrence. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the manner provided for foreclosure of a Mortgage pursuant to the Iowa Code. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
SECTION 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became die prior to the issuance of the Sheriff’s Deed or deed in lieu of foreclosure. Any unpaid share of assessments shall be collectible from all of the Lot Owners pursuant to their percentage obligation for payment of common expenses or assessments including the acquirer of the property in default on payment of such assessments pursuant to foreclosure or other proceeding in lieu thereof. No sale or transfer other than a mortgage foreclosure or proceeding in lieu thereof shall relieve such lot from liability for any assessments.
ARTICLE VI – Architectural Control
No building, fence, wall, room addition, deck, patio, or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change ot alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association , or by an architectural committee Composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
SECOND AMENDMENT TO DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR HICKORY GROVE PLAT NO. 1
WTNESSETH:
WHEREAS, Declarant is the owner of certain property in Polk County, Iowa which is more particularly described as:
Lots 1 through 4, Outlots A and B, and Lots A, B and C in HICKORY GROVE PLAT NO. 1, and Official Plat, no Included in and forming a part of the City of Des Moines, Polk County, Iowa.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold, and conveyed subject to all prior easements recorded and to
The following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding upon all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
AMENDMENT TO VII, SECTION 1
The previous amendment concerning insurance shall be replaced to state the following:
SECTION 1. Insurance and Insurance Assessment. In addition to the annual Assessments and the special assessments for capital improvements, the Association may levy assessments for insurance liability and casualty insurance for the Common Area and for the Association Responsibility Elements. Unless otherwise determined by the Board of Directors of the Association, each Owner shall be responsible for obtaining homeowner’s liability insurance and Association Responsibility Elements. The Board of Directors may require an Association Responsibility Elements. In the repair and restorations of the Common Area and Association Responsibility Elements, and the Owner shall be responsible for repair and restoration of all other portions of the buildings and improvements upon his Lot, except to the extent that the Board or Directors of the Association has determined to obtain property insurance for such portions which are not part of the Association Responsibility Elements in which case the Association shall apply any insurance proceeds received for such portions to such repair and restoration of such portions.
SECTION 2. “Lot” shall mean and refer to the numbered Lots properties. In the event any part of the Properties is replatted and a subsequent subdivision plat is Recorded, then “Lot” shall refer to the numbered Lots shown on such replatting and such subsequently recorded subdivision plat. In no event shall “Lot” include any Common Area.
SECTION 3. “Declarant” shall mean and refer to TGB, LTD, its successors and assigns if such successors or assigns should acquire more than on undeveloped Lot from the Declarant for the purpose of development.
SECTION 4. “Association Responsibility Elements” shall mean the following, Whether located upon a Lot or upon the Common Area.
(a) The exterior surface of the residential structure upon a Lot, including windows and doors;
(b) The structural portion of the residential structure upon a Lot;
(c) The entire roof, foundations and structural elements of the residential structure upon a Lot;
(d) Any common wall between residential structures upon Lots, including all interior finished surfaces such as interior & exterior doors and finishes on them, built in cabinets, bookcases, Countertops and all electrical & plumbing fixtures. Also including fireplaces, windows, staircases, interior wall & ceilings (including carpet, laminate tile, hardwood & vinyl), built-in appliances, Jacuzzi-style baths, garage doors & their related hardware (except openers) thereof;
(e) The yard surrounding the residential structure upon the Lot, except for trees and shrubbery on said Lots, the yard, trees and shrubbery on any Common Area and any Lots; and the sidewalk and property Located between a street curb and the abutting lot;
(f) Driveways;
(g) Any fence constructed by the Declarant or Association and owned by the Association;
(h) Conduit, ducts, plumbing, wiring, pipes and other facilities within the Lot but outside a residential structure wich are carrying any service to more than one Lot;
(i) Street signs owned by the Association including such signs located on property owned by the City of Des Moines.
ARTICLE VIII – Exterior Maintenance
SECTION 1. Exterior Maintenance. In addition to maintenance upon the Common Area, the Association will provide exterior maintenance upon each Lot and Living Unit which is subject to assessment under Article V and as defined in Article 1, Section 9, as well as the lawn care and removal of snow from sidewalks and driveways on each lot.
SECTION 2. Assessment of the Cost. The cost of such exterior maintenance shall be assessed against all of the Lot Owners and shall be added to and become a part of the annual maintenance assessment or charge to which all Lots are subject under Article V hereof. As part of such annual assessment or charge, it shall be a lien or obligation of the Owner and shall become due and payable in all respects as provided in Article V hereof, provided that the Board of Directors of the Association, when establishing the annual assessment against each Lot for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall thereafter make such adjustment with the Owner as is necessary to reflect the cost thereof.
SECTION 3. Negligence in Maintenance. In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. Neglect of Lot or Living Unit repairs that did not rise to the level of exterior maintenance or capital improvements as those terms are defined herein and which repair is the responsibility of the Lot or Living Unit Owner relating to gutters, decks, doors, windows, sidewalks, driveways, stoops and fences shall permit the Association to cause such repairs to be made and assessed to the Lot Owner responsible after ten (10) days’ notice to repair has been given to the Lot Owner by the Association in writing.
SECTION 4. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the owner, to enter upon any Lot at reasonable hours or any day; provided, however, in the event that there is breakage or leakage in the water system or sewer and sewage system upon a Lot, no notice need be given to enter upon the Lot for the purpose of repairing the water system or sere or sewage system.
ARTICLE IX – Party Walls
SECTION 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence and willful acts or omissions shall apply thereto.
SECTION 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
SECTION 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from others under any rule of law regarding liability for negligent or willful acts or omissions.
SECTION 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
SECTION 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title.
SECTION 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
ARTICLE C – Additional Restrictions
SECTION 1. No Lot shall be used except for residential purposes, except that Declarant shall be entitled to maintain a sales and construction office and model townhouse upon the Lots.
SECTION 2. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes. In no event, however, shall more than one dog or cat be maintained on any on Lot at any time and said dog shall not weigh more than 45 pounds. All pets must be kept on a leash when using the Common Areas, and each Owner shall be responsible for cleaning up any mess made by the pet. The Association shall have the right to require the removal of pets in individual cases where such pets are or become legal nuisances and unreasonably disturb the quiet enjoyment of the properties by the Owners.
SECTION 3. No noxious or offensive activities not involving the maintenance of Lots or Common Area shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood.
SECTION 4. The Lots and properties shall be seeded or sodded with a similar type of grass. The Owner or persons in possession of each Lot, whether vacant or improved, shall keep the same free of weeds and debris and agrees that after written notice given by certified mail to such owner or persons in possession by Declarant or any property Owner owning property within five hundred (500) feet of such Lot, such weeds shall be cut and such debris shall be removed within ten (10) days, failing which Declarant or the property Owner giving such notice, as the case may be, may enter upon the property to cut or cause to cut, such weeds, or to remove or cause to be removed, such debris, and shall have the right of action against the Owner of such Lot for collection of the cost thereof. Said notice may be given by the Association and the Association shall have all rights of a property Owner owning property within five hundred (500) feet of such Lot. Notwithstanding anything to the contrary provided above, it is contemplated that the Association shall perform all ordinary maintenance for mowing of the lawns, fertilizing and spraying for weeds within all properties shown as Common Areas as well as any areas of individual Lots that have been seeded or sodded.
SECTION 5. Mailbox designs shall be only as approved by the Board of Directors, or the architectural control committee. No sign shall be placed upon any Lot except those customarily used to identify the name of the resident and the street address of the subject Lot, and real estate signs for the sale or rental of a Lot.
SECTION 6. No trash receptacles or garbage cans shall be permitted to be placed outside of a building or a structure on any lot or in the Common Area unless hidden by an attractive screen of suitable height and approved by the Board of Directors or unless sunken to ground level in a hold lined with permanent cribbing. This restriction shall not exclude the placement of waste containers outside of such area if required by governmental regulation or by terms of a contract with a commercial operator.
SECTION 7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other building shall be used on any Lot or the Common Area at any time as a residence, or storage facility, either temporarily or permanently. No commercial vehicles, tanks, or commercial equipment of any kind shall be located, stored, or parked on any Lot. No recreational vehicles, including, but not limited boards, snowmobiles, and trailers, shall be parked or stored on any Lot for more than sixty (60) days out of the year unless stored in the garage.
SECTION 8. No exterior towers, satellite dishes, or antennas of any kind shall be constructed, modified, or permitted on the ground of any building Lot. Reasonable television or radio antennas are permitted on Living Units or garages. No satellite dishes may be placed on any Living Unit or garage. A satellite dish may be erected, however, in the Common Area to provide service for all of the Lot Owners with the cost thereof being assessed as a Common Expense.
SECTION 9. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of the properties. The Owner or occupant of a Lot shall neither erect nor permit erection of any building or structure of any kind nor permit any growth of any kind within said easement areas which might interfere in any way with the use and patrolling of any of the utility service and drainage located in the easement areas.
ARTICLE XI – General Provisions
SECTION 1. Enforcement. The Association, and its Board of Directors, or any Lot Owner, or their successor and assign, shall have the right to enforce, by any proceedings at law or equity any restrictions, conditions, covenants, reservations, liens, and charges and rules and regulations now or hereafter imposed by the provisions of this Declaration or by the Association as set forth in this Declaration or by the Association as set forth in this Declaration and the attached By-Laws. Any such enforcement shall allow for the reimbursement of reasonable attorney fees and costs to the successful enforcer. Failure by the Association or any Lot owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 2. Severability. Invalidation of any one of these Covenants or Restrictions by judgement or court order shall in no way affect any other provisions of this Declaration which shall remain in full force and effect.
SECTION 3. Binding. These covenants shall inure to the benefit of the Lot Owners, the Association, and their successors and assigns.
The Covenants, Restrictions, and provisions contained in this Declaration shall be deemed covenants running with the land and shall remain in full force and effect until such time as said Covenants, Restrictions, and Provisions are amended, modified, or changed or cancelled in whole or in part by written agreements signed by seventy-five percent (75%) of all Lot Owners and the Declarant or its successors or assigns.
SECTION 4. Violation. If a Lot Owner or the Association or any of them or their successors and assigns, shall violate or attempt to violate any of the Covenants or Restrictions herein contained, it shall be lawful for any other person or persons owning any other lots, the Association or Declarant, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Covenant or Restriction and either to prevent him or them from so doing or to recover damages or other dues for such violation.
SECTION 5. Amendment. This Declaration may be amended by written agreement signed by 75% of all of the Lot Owners. Any Amendment required by F.H.A/V.A. or other U.S. Government-affiliated mortgage insurance or assistance agencies may be made by the Declarant without consent of the membership. Any Amendment must be recorded. Notwithstanding anything to the contrary provided herein, however, the obligation of the Association to maintain the Common Areas in a safe condition and in compliance with all applicable governmental regulations cannot be released by any Amendments without the prior written consent of the City of Des Moines.
SECTION 6. Construction. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context.
CONSENT OF MORTGAGE
LIBERTY SAVINGS BANK, Mortgagee of the real estate described in the within instrument, pursuant to that certain Mortgage dated July 15, 1993, filed July 26, 1993, in Book 6821, page 331, of the records of the Recorder of Polk County, Iowa, hereby consents to all of the terms, provisions and conditions contained in the within described Declaraton of Covenants, Conditions and Restrictions for Hickory Grove, Plat No. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa, and agress that her interest in the real estate covered by and pursuant to the above-described Mortgagee is subject to the Declaration and all of its terms, conditions and provisions.
DATED this 24thday of May, 1994.
LIBERTY SAVINGS BANK,
By Terry L. Wilhelm
Vice President
CONSENT OF MORTGAGEE
The undersigned, VERA I. McBRIDE, a widow and unremarried, Mortgagee of the real estate described in the within instrument, pursuant to that certain Mortgage dated April 5, 1993, filed December 9, 1993, in Book 6920, page 595, of the records of the Recorder of Polk County, Iowa, hereby consents to all of the terms, provisions and conditions contained in the within described Easement and agrees that her interest in the real estate covered by and pursuant to the above-described Mortgage is subject to the Easement and all of its terms, conditions and provisions.
DATED this 28thday of May, 1994.
/s/ Vera I. McBride
CONSENT OF MORTGAGEE
THE UNDERSIGNED, Vera I. McBride, a wideo and unremarried, mortgagee of the real estate described in the Declaration of Covenants, Conditions and Restrictions for Hickory Grove Plat No. 1 dated May 28, 1994, filed June 20, 1994, in Book 7039, Page 600 of the records of the Recorder of Polk County, Iowa, pursuant to that certain mortgage dated July 15, 1993, filed July 26, 1993 in Book 6821, Page 331, of the records of the Recorder of Polk County, Iowa, hereby consents to all of the terms, provisions and conditions contained in the within described Declaration of Covenants, Conditions and Restrictions for Hickory Grove Plat No. 1, an Official Plat now included in and forming a part of the City of Des Moines, Polk County, Iowa, and agrees that her interest in the real estate covered by and pursuant to the above-described mortgage is subject to the declaration and all of its terms, conditions and provisions.
DATED this 17thday of June, 1994.
/s/ Vera I. McBride
Vera I. McBride PARTIAL RELEASE OF
To MORTGAGE
Dennis K. and Dated June 17, 1994
Susan R. Langwith Filed June 20, 1994
At 10:57.9 A.M.
Hereby releases the following described real estate: Lots A, B and C in Hickory Grove, Plat No. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa and
Lot 4 in Hickory Grove, Plat No. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa and
Lot 4 in Hickory Grove, Plat No. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa from the lien of mortgage recorded in Book 6920 Page 595, filed December 9, 1993
Instrument makes no mention of marital status of Mortgagor.
Hickory Grove, L.C. WARRANTY DEED
By Susan R Langwith, Dated June 17, 1994
Managing Member Filed June 20, 1994
To at 10:58 A.M.
Hickory Grove Town Home
Association, an Iowa
Nonprofit corporation
Conveys: Lots A, B and C in Hickory Grove, Plat No. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa.
Subject to easements and restrictions of record, if any.
No seal has been procured by the said limited liability company.
ARTICLES OF INCORPORATION
Dated May 28, 1994
OF Filed in the Office of the
HICKORY GROVE TOWN HOME Polk County Recorder on
ASSOCIATION June 20, 1994
at 10.58.2 A.M.
Filed in the Office of the Secretary of State, State of Iowa on June 3, 1994.
The undersigned, acting as incorporator of a corporation pursuant to the provisions of the Iowa Nonprofit Corporation Act, Chapter 504A of the 1993 Code of Iowa, as amended, adopts the following Articles of Incorporation for such Corporation:
ARTICLE 1 – Name and Principal Offic
The name of the Corporation shall be: “Hickory Grove Town Home Association” and shall hereinafter be referred to as the “Association.” Its principal offices shall be located n Polk County, Iowa.
ARTICLE II – Registered Office and Agent
The initial registered office of the Association shall be at 7180 Hickman Road, Des Moines, Iowa 50322, and the initial registered agent at such address shall be Susan R. Langwith.
ARTICLE III – Corporate Existence
The corporate existence of the Association shall begin upon the date these Articles are filed with the Secretary of State, and its duration shall be perpetual.
ARTICLE IV – Purpose and Powers
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, and architectural control of the residence lots and common area to be located on all or certain portions of the following described land situated in Polk County, Iowa, to-wit:
Lots 1 through 4, Outlots A and B and Lots A, B and C in HiCKORY GROVE PLAT NO. 1, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa.
and such additional as may be added per the Declaration of Covenants, Conditions and Restrictions for “Hickory Grove Plat No. 1.”
and to promote the health, safety, and welfare of the residents within the above described property for this purpose to:
A. Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions, and Restrictions, hereinafter called the “Declaration”, applicable to the property and recorded or to be recorded in the office of the Recorder of Polk County, Iowa, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;
B. Have and to exercise any and all powers, rights, and privileges which a corporation organized under the Nonprofit Corporation Law of the State o Iowa by law may now or hereafter have or exercise
The purpose of the corporation are exclusively not for private profit or gain and no part of its activities shall consist of carrying on political propaganda or otherwise shall make no distributions of income to its members, directors or officers.
Notwithstanding any other provisions of these Articles, the corporation shall not carry on any other activities not permitted to be carried on:
A. By a corporation exempt from federal income tax under Section 501 (C) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue law).
ARTICLE V – Board of Directors
The Affairs of this Association shall be managed by a Board of no more than five (5) nor less than two (2) Directors, who must be members of the Association as well. The number of Directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act as the initial Directors until the selection of their successors are:
Dennis K. Langwith 7180 Hickman Road
Des Moines, Iowa 50322
Susan R. Langwith 7180 Hickman Road
Des Moines, Iowa 50322
ARTICLE VI – Membership and Voting Rights in the Association
Each Owner of a Lot which is subject to assessment pursuant to this Declaration shall be a member of the Association and shall receive one (1) vote for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of a Lot shall be the sole qualification for membership. Until such time as a majority of the Lots are owned by someone other than the Declarant, any tie vote on any matter shall be resolved in favor of the votes of the Declarant.
ARTICLE VII – By-Laws
The initial By-Laws of the Association shall be adopted by its initial Board of Directors, but the power to thereafter alter, amend, or repeal the same of adopt new By-Laws is reserved to the Members of the Association.
ARTICLE VIII – Dissolution
The Association may be dissolved only with the assent given in writing and signed by not less than seventy-five percent (75%) of each class of Members and with compliance with the other applicable provisions of the By-Laws of the Association and the Declaration. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that which dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes.
ARTICLE IX – Amendment
Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire Membership.
ARTICLE X – Incorporator
The name and address of the incorporator is: Susan R. Langwith, 7180 Hickman Road, Des Moines, Iowa 50322.
ARTICLE XI – Execution of Deeds, Contracts or Leases
All deeds or contracts for sale of real estate, or leases (or assignment of such contract of lease) or other documents affecting real estate shall be executed by the President or Vice President and countersigned by the Treasurer or Secretary. All liens held by the Association shall be released by any of the officers of the Association. The Board of Directors may, in addition, authorize the execution of the kinds of instruments above mentioned or other instruments required to be executed on behalf of the Association in such a manner as it shall, by resolution, direct.
Dated this 28thday of May, 1994.
/s/ Susan R. Langwith