Arbor Creek (KS)

Key facts from Arbor Creek (KS)'s documents

Reflects the 2019 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Arbor Creek Association

Units / lots

245 (Exhibit A (Lots 1-42 B1, 1-10 B2, 1-14 B)

Developer / declarant

Arbor Creek Development LLC

Governing law

Kansas law (implied through references to Kansas nonprofit corporation law and arbitration law) (Section 1.01, Section 12.03(c)(2))

Assessments & dues

Initial amount determined by Declarant; not specified in document (Section 3.08(a))

Special assessments

For capital improvements; requires 2/3 vote of members in attendance; divided equally among Lots; Declarant and builder lots exempt until house built/occupied (Section 3.09)

Reserves & fees

Interest at 15% per annum (or rate set by Board) on assessments unpaid after 30 days (Section 3.04)

Pets

Yes, for domestic purposes only; no commercial or agricultural animal businesses (Section 6.09)

Leasing & rentals

Yes, but must be in writing and subject to Declaration, Articles, and Bylaws; no hotel/transient use; minimum term 6 months; no partial Lot lease (Section 6.38)

Parking & vehicles

No vehicle over 1 ton capacity used primarily for commercial purposes, and no vehicle with uncovered logos (except emergency vehicles and police) may be stored or parked on streets, Common Area, or open on Lot/driveway (Section 6.04)

Fences

Only privacy fences adjacent to patios, or black wrought iron fences 5-6 ft height, not obstructing light/air; no other fences permitted (Section 6.05)

Architectural approval

DC must approve or disapprove within 30 days after submission; if no action, approval deemed given; applicant can appeal adverse decision to Board, 2/3 vote to reverse (Section 5.01(a), Section 5.07 (majority )

Home business

No profession or home industry without specific written approval of Association; must be compatible with high quality residential neighborhood (Section 6.20)

Signs & flags

No signs except Declarant signs, approved real estate 'For Sale' signs, and political signs under 6 sq ft (45 days before election to 2 days after); Association may remove non-conforming signs after 3 days notice (Section 6.10)

Setbacks / home size

Front: 25 ft (variance possible from DC); side: 6 ft; rear: 10 ft; but sub-surface structures, in-ground pools, tennis courts not subject to these setbacks (Section 6.25)

Use restrictions

No dangerous activities or annoyances due to odor, dust, smoke, noise, vibration, etc. (Section 6.18)

Amendments

20-year term, auto-renew 10 years; amendment by 2/3 vote of Members; Declarant may unilaterally amend while having control under Section 1.05; certain amendments require Goddard City Council approval (Section 6.07) or written consent of fir (Article 11)

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