Brookings Prairie Hills Homeowners Association, Inc.

Key facts from Brookings Prairie Hills Homeowners Association, Inc.'s documents

Reflects the 2016 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (nonprofit corporation) (Article I(a), definition of "Association)

Governing law

South Dakota law (nonprofit corporation anticipated) (Article I(a))

Assessments & dues

$185.00 per Lot per calendar year initially (Article V Section 3)

Special assessments

Two types: (1) Capital improvements – requires 2/3 vote of membership at meeting called with 30 days written notice; (2) Repairs/maintenance due to natural disaster or government action – no membership vote required. (Article V Sections 4 and 5)

Collections & liens

Unpaid assessments become a continuing lien on the lot; Association may foreclose and recover costs, interest, attorney's fees. Lien is subordinate to purchase money mortgages. Owner cannot waive by non-use. (Article V Sections 9 and 10)

Reserves & fees

Interest at 10% per annum from delinquency date (after 30 days past due). (Article V Section 9)

Pets

Yes – limited to three household pets per Lot. (Article VII Section 2)

Leasing & rentals

Yes – only an entire Lot with improvements may be rented or leased, and only to a single family. Owner remains obligated for covenants. (Article VII Section 12)

Fences

No perimeter fence allowed under any circumstances. Any fence requires ARC approval. For Lots 7-14: only metal construction, not opaque/privacy, black or dark color, max 48" height, no chain link; may be installed at inside edge of rear ret (Article VII Section 6; Second Supplement)

Architectural approval

Yes – any construction, change, modification, or alteration must first be approved in writing by the Architectural Committee. (Article VIII Section 3)

Home business

No commercial automotive repair; no commercial purpose for animals; likely no other home businesses suggested (silent except for nuisance restrictions). (Article VII Sections 2 and 3)

Setbacks / home size

Minimum front yard 20 feet (25 feet if public sidewalk), minimum side yard 7 feet, minimum rear yard 20 feet. (Article VII Section 10)

Maintenance

Owner is responsible for maintaining residence; Association may perform maintenance after 10 days' notice and bill owner (added to annual assessment). (Article VIII Section 4)

Use restrictions

No Lot shall be used except for residential purposes. Single-family living unit required, except in R-2 zones (twin home/duplex allowed) and R-3 zones (row house, twin home, duplex allowed). (Article VII Section 1)

Voting & meetings

Two classes: Class A – one vote per lot per owner (except Developer); Class B – Developer gets 200 votes, terminates upon last lot sold, no further development announced, or 25 years from date of Declaration. (Article III Section 2)

Amendments

Declaration may be amended by two-thirds (2/3) vote of the Members of the Association; amendment must be recorded. (Article IX Section 1)

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