Fox Creek Owners Association

Key facts from Fox Creek Owners Association's documents

Reflects the 2010 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (HOA) – Fox Creek Owners Association (Page 1 and throughout)

Units / lots

73 lots (Lots 1-73) plus common area Lots A-J (10 lots) = 83 total lots in the plat (Page 1 Legal Description: Lots 1-73, and)

Developer / declarant

Fox Creek Owners Association (FCOA) and those Owners of record who executed the instrument (collectively 'Declarant') (Page 2 Preamble)

Governing law

Iowa Code Chapter 504A (not-for-profit corporation) and Iowa Code Section 331.606B (cover sheet) (Page 1 cover sheet note; Article I Secti)

Assessments & dues

Board of Directors sets annual assessment amount and notifies owners at least 30 days before effective increase. Uniform rate per lot (each lot pays equal fraction of budget, numerator 1, denominator number of lots subject to assessment). R (Article VI Sections D and E, Page 22)

Special assessments

Allowed for capital improvements (construction, reconstruction, repair, replacement) and operating deficits, with assent of majority of members entitled to vote at meeting called for that purpose. Notice sent 5-50 days in advance. Quorum re (Article VI Section C, Pages 21-22)

Collections & liens

Assessments (annual and special) are a continuing lien on the lot, prior to all other liens except tax liens and first mortgage sums. Personal obligation of owner at time assessment fell due, passes to successors. Association may bring acti (Article VI Sections A and F, Pages 21-22)

Reserves & fees

Not explicitly mentioned as a flat fee; interest is charged. (Article VI Section F: 'interest from the)

Pets

Yes, regulated under Article IV adopting the Animal Control Ordinance of City of West Des Moines (Title 5, Chapter 3). Dogs, cats, other animals regulated. Private restrictive covenant. (Article IV Section A, Page 18)

Leasing & rentals

Not explicitly prohibited or regulated. Owner may delegate use of Common Areas to tenants who reside on the property. 'Tenants' mentioned in Article III Section D. (Article III Section D, Page 17: 'Any Own)

Parking & vehicles

Prohibited except as above; no parking over 24 hours on street. Streets are private. (Article II Section CC, Page 13)

Fences

Perimeter fences prohibited. Fences for restraining pets or small children permitted with prior written Board consent. Screening material mounted on exterior face of posts. Materials: vinyl clad chain link, wrought iron, concrete block with (Article II Section E, Pages 8)

Architectural approval

Yes. Architectural Control Committee (ACC) must approve plans for any dwelling, living unit, outbuilding, improvement, fence, wall, structure, grading, exterior additions or changes (excluding paint). Plans must show design elements, materi (Article IX Sections A, B, C, Pages 26)

Home business

Customary home business or profession permitted if: (i) conducted wholly within residence in compliance with zoning; (ii) no increased traffic, truck deliveries, congestion; (iii) no outward indication; (iv) no illegal/offensive/immoral/obn (Article II Section W, Page 12)

Signs & flags

Association may erect and maintain signs identifying the Properties and directional signage, with adjacent lot owner's written approval as to location, size, and lighting. Otherwise, no outward indication for home business (no sign). No oth (Article III Section B(vi), Page 16)

Setbacks / home size

50-foot building setback indicated on Plat. Additionally, no improvement within south 60 feet of Lots 1-10 inclusive. Setbacks measured from lot line to nearest building/structure. Definitions per Dallas County zoning ordinance. Unattached (Article II Section FF, Pages 13-14)

Maintenance

Not specifically assigned; owner responsibility for improvements on lot.

Use restrictions

Lots limited to single family residential use. Multi-family occupancy repealed; two-family provisions repealed. 'Single family' per Dallas County Zoning Ordinance. Incidental, accessory, subordinate uses permitted if not prohibited. (Article II Section A, Page 7)

Voting & meetings

One vote per Lot subject to assessment. When multiple owners, one vote per lot exercised as they determine. Contract vendee is Owner for voting. No vote for lots held as security only. No vote for lots not subject to assessment. (Article V Section B, Page 20)

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