Cottages at Dayton Creek Homes Association
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What Cottages at Dayton Creek Homes Association's governing documents say
This is a bundle of declarations governing Dayton Creek, a standard single-family home association in Spring Hill, KS. The rules bind all lot owners and are enforced by the developer until a turnover date, and then by the homes association. As a homeowner or prospective buyer, you must follow these rules to build and maintain your house, keep the neighborhood uniform, and pay assessments for common areas and amenities.
- What you own & maintain: You own your lot and the residence on it. You are responsible for maintaining your home and yard, keeping the exterior in good condition, and connecting to the public sewer when available. The homes association maintains the common areas (entrances, landscape easements, tracts, pool area) and provides trash service weekly.
- Architectural review: Before building or making any exterior change (fence, deck, paint, roofing, landscaping), you must get written approval from the developer (or after turnover, the architectural committee). Plans for the residence, exterior structures, grading, and color scheme are all reviewed. Exteriors must use approved materials (e.g., brick, stone, stucco), and at least 25% of the front façade must be masonry unless waived.
- Minimum floor area: Residences must have a minimum finished floor area: 1,100 sq ft main floor for ranch style; 1,500 sq ft for a reverse 1.5-story; 1,800 sq ft for two-story; 1,800 sq ft for a 1.5-story; 1,250 sq ft for split-level. Developer may grant variances.
- Building restrictions & materials: All houses must have at least a two-car garage. No carports, window AC/heating units, or temporary residences are allowed. Roofs must be asphalt composite shingles or comparable. Driveways must be concrete, pavers, or brick (no gravel or asphalt). Exterior walls cannot be unfinished for more than 12 months.
- Leasing & rentals: Not addressed in the provided excerpts. No lease term restrictions or rental caps are stated.
- Pets: Not addressed in the provided excerpts. No pet limits or restrictions appear.
- Fees & assessments: Annual assessments are levied on each lot to fund association services and common areas. The developer sets the rate before turnover; after, the board can increase annual assessments up to 30% per year without a vote (for years 2017-2020 and after 2020). Special assessments may also be levied for fines, emergencies, or capital improvements with member vote. A $150 initiation fee applies at initial occupancy and each subsequent ownership transfer (may be raised up to 50% by the board).
- Delinquent assessments & enforcement: If an assessment is unpaid 30 days past due, a 15% late fee applies, plus 10% annual interest. The association can file a lien, collect $150 filing fee, and even suspend services (including pool and trash) until paid. You cannot waive liability by not using common areas.
Key facts from Cottages at Dayton Creek Homes Association's documents
- Community type
- Homes Association (HOA) for single-family residential subdivision (Original Declaration preamble)
- Units / lots
- 239 lots plus additional builder lot (Lot 112) = 240 lots as of Second Amendment; originally 48 lots in First Plat (Second Amendment recites Lots 1-45, 49-1)
- Governing law
- Kansas law; Kansas not-for-profit corporation (Original Declaration Article I(g) (Homes)
- Assessments & dues
- Not fixed; set by Board, subject to limits. First assessment prorated upon initial occupancy. (Original Declaration Article IV Sec. 1, )
- Special assessments
- Board may levy special assessments for fines, correction of breach, emergency expenditures, capital improvements (with member vote). Also for maintenance if owner fails (costs plus overhead). Litigation costs also a special assessment. (Original Declaration Article V)
- Collections & liens
- Assessment is a lien on the Lot automatically when due. Lien subordinate to first mortgage. Foreclosure extinguishes pre-foreclosure assessments. Lien lasts 5 years unless lawsuit filed. Association may file certificate of nonpayment ($150 (Original Declaration Article VI Sec. 1-4)
- Reserves & fees
- Portion of annual assessments may be allocated to reserves. No liability if reserves inadequate or not maintained. (Original Declaration Article IV Sec. 4)
- Fences
- Fences are Exterior Structures subject to architectural approval. No specific height/location given in excerpts. (Declaration of Restrictions Sec. 1(h) (E)
- Home business
- Not explicitly addressed in provided text. Not extracted.
- Signs & flags
- Not directly in the provided excerpts; the Declaration of Restrictions has an architectural approval process that would cover signs. (Declaration of Restrictions Sec. 5, 8 (E)
- Setbacks / home size
- Ranch: 1,100 sq ft main floor; reverse 1.5 story: 1,500 sq ft total with 1,100 main; two-story: 1,800 sq ft with 800 main; 1.5 story: 1,800 sq ft with 1,000 main; split-level: 1,250 sq ft. (Declaration of Restrictions Sec. 4(a))
- Use restrictions
- Lots may be improved, used, or occupied only for single-family private residential purposes. No temporary residences. (Declaration of Restrictions Sec. 2)
- Voting & meetings
- Prior to Turnover Date: Class A (Developer) holds all voting rights except on assessment increases and special assessments (Class B votes). After Turnover Date: One class, one vote per Lot. Voting rights suspended if assessment in default. (Original Declaration Article II)
- Amendments
- Prior to Certificate of Substantial Completion: by Developer alone for specific reasons (e.g., agency requirement, City requirement, error correction, replat). Otherwise, 60% of Owners and Developer consent. After Certificate: affirmative v (Original Declaration Article X as amende)
About this HOA
Cottages at Dayton Creek Homes Association is a homeowners association in Spring Hill, KS.
HOAproxy has 2 documents on file for Cottages at Dayton Creek Homes Association: 2 CC&Rs. Last updated 2026-05-06.
Governing documents
- Dayton 20Creek 20The 20Cottages 20HOA 20Declaration (67 pages) — PDF
- Dayton 20Creek 20HOA 20Declaration (117 pages) — PDF