Fox Creek (KS)

Key facts from Fox Creek (KS)'s documents

Reflects the 2023 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Developer / declarant

HS5, LLC

Governing law

Kansas not for profit corporation law (implicit) (Article 2.02 - Association will be incor)

Assessments & dues

Initially set by Developer, thereafter by Board. First Annual Assessment for calendar year 2024; amount not fixed in document. (Article 9.01, 9.06)

Special assessments

Board may levy for capital improvements or repairs as deemed reasonably necessary. (Article 9.03)

Collections & liens

Assessments become a lien upon due date, subordinate to first mortgage. Association may file certificate of nonpayment after 30 days delinquency, enforceable in rem/in personam. (Article 10.01, 10.02, 10.03)

Reserves & fees

Association may create reserves for repair, restoration or replacement of improvements it maintains. (Article 8.01.04)

Pets

Usual and ordinary number of family pets allowed; no livestock, fowl, or commercial breeding. (Article 7.12)

Leasing & rentals

Not prohibited; signs for lease permitted (7.13), and Management Agreement applies to all units. No restrictions on leasing term or short‑term rentals documented. (Article 7.13 and Management Agreement re)

Fences

Prior written consent required. No chain link/wire except for concealed dog runs. Height: at least 2 inches above ground for drainage; wrought iron max 5 ft; other fences min 6 ft, max 6.5 ft. (Article 7.19, 7.19.01, 7.19.02)

Architectural approval

Yes, all Improvements (including changes) require written approval from Developer or Architectural Control Committee. (Article 11.01)

Solar & roof

Roofs: composition shingles, Weathered Wood or Malarkey brand Midnight Black (or similar colors), or comparable material. (Article 7.20)

Home business

No retail, wholesale, manufacturing, service or repair business on any Lot; exception for model home / sales office by Developer. (Article 7.15)

Signs & flags

No signs except temporary real estate signs for sale/lease, and signs by Developer or authorized builders. (Article 7.13)

Setbacks / home size

Each Multi‑Family Residential Dwelling (both Single Family Units combined) minimum 2,000 square feet, exclusive of garage, open porches, eaves, steps, basements. (Article 7.03)

Use restrictions

Only Multi‑Family Residential Dwellings (duplex/twin homes) allowed; no other use except Common Areas and Developer sales activities. (Article 7.02)

Voting & meetings

Two classes: Class A (one vote per Lot owned), Class B (Developer – 20 votes per Lot owned, appoint majority of Board, veto power). Combined vote for decisions. (Article 4.01 and 4.02)

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