COVENANT REVIEW

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Covenant Revision Overview

The Canterbury Covenant Revision Committee shares the guiding principals and objectives used during the revision activity.

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The Canterbury Covenant Review Committee (CRC) was established in late 2019 by the previous Board of Directors with a desire to bring the previous Covenant - a document that has not been modified for over 20 years - to reflect the needs of the current community and to address several previous gaps and misunderstandings. The CRC rallied around the following charter:

OBJECTIVITY: Improve the ARC process; specify guidelines for ARC decisions that - as best as possible - are rooted in factual evidence that they
keep homes from resulting in a negative impact in the value of any home in the area.
ASSESSMENT: Strengthen and standardize the process of reviewing and deciding on HOA member requests for home improvements & change.
ENFORCEMENT: Explore additional options for dealing with members who disregard the HOA rules.
TRANSPARENCY & PARTICIPATION: Devise an approach where all HOA members have better access and visibility to important HOA
materials, meetings and processes and have an opportunity to participate and engage.

The committee spent an entire year reviewing, debating and discussing how best to serve the interests of Canterbury. We sincerely hope that our passion to improve and support this community is evident.

-- CANTERBURY COVENANT REVIEW COMMITTEE (Sept, 2020)

(Rick Jones, Terri Pigue, Cindy & Kelly Hill, Steve Grimm)

ARTICLE I - Opening and Definitions

This section provides the overarching statements that establish the authority and scope of the Covenant. Also establishes definitions for commonly used and important terms

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DECLARATION OF RESTRICTIONS OF CANTERBURY

THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIONS OF CANTERBURY is made,effective as of the 1st day of January, 2021, by the owners of record title to over fifty percent (50%) of the real property legally described in Exhibit A attached hereto and incorporated herein by reference (“Canterbury”).

WITNESSETH: WHEREAS, DILL BREON DEV. INC., a Missouri corporation, by that certain Declaration of Restrictions of Canterbury dated January 7, 1994, and recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, on March 3, 1994, as Instrument umber 1994I1256910 in Book I2525 at Page 499, as amended by that certain Amendment to and Correction of Declaration of Restrictions of Canterbury dated May 3, 1994, and recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, on May 4, 1994, as Document Number 1994I1271923 in Book I2554 at Page 773, and as ratified by that certain Ratification of Declaration of Restrictions of Canterbury dated April 20, 1994, and recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, on May 13,1994, as Document Number 1994I1274269 in Book I2558 at Page 589 (collectively, the “Original Declaration”), imposed certain covenants, conditions and restrictions and created other property and contract rights burdening and benefiting Canterbury; and

WHEREAS, the Original Declaration was deleted in its entirety and a new Declaration of Restrictions of Canterbury was adopted in lieu thereof by that certain First Amendment to the Declaration of Restrictions of Canterbury dated August 15, 1995, and recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, on November 30, 1995, as Document Number 1995I1385953 in Book I2771 at Page 876, as amended by that certain Second Amendment to the Declaration of Restrictions of Canterbury dated July 18, 1999, and recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, on September 2, 1999, as Document Number 1999I72859 (collectively, the “New Declaration”); and

WHEREAS, Section 18, Modification of Restrictions, of the New Declaration provides that the New Declaration can be “amended, modified, changed or canceled in whole or part, by a written instrument signed by those persons who, on the date such written instrument is recorded, are the owners of record title to over fifty (50%) percent (sic) of the real property within the subdivision”; and

WHEREAS, by the affirmative vote of the owners of record title to over fifty percent (50%) of Canterbury (the “Owners”), the Owners have approved this Amended and Restated Declaration of Restrictions of Canterbury; and

WHEREAS, the Owners desire that Canterbury be held, sold and conveyed subject to the easements, restrictions, covenants and conditions set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of Canterbury; and that such easements, restrictions, covenants and conditions shall run with Canterbury and shall be binding on all other parties having or acquiring any right, title or interest in Canterbury or any part thereof and shall inure to the benefit of each owner thereof.

NOW, THEREFORE, the Original Declaration and the New Declaration, as amended, ratified,revoked or restated, as set forth above, are hereby REVOKED, AMENDED, DELETED AND RESTATED IN THEIR ENTIRETIES, and the provisions of this Amended and Restated Declaration of Covenants are hereby adopted and imposed upon Canterbury in lieu thereof.

TABLE OF CONTENTS

Article I – Definitions
1. Assessment
2. City
3. Common Area
4. Declaration
5. Lot
6. Owner
7. Plat of Canterbury
8. Residential Dwelling
9. Structure

Article II – Canterbury Homeowners Association
1. Purpose and Duties of Association
a. Rules and Regulations
b. Common Area
c. Landscape Maintenance
d. Street Lighting
e. Security Protection
f. Maintenance of Residential Dwellings, Structures and Lots
g. Pool Area
h. Joint Use Agreements
i. Easements and Rights-of-Way
j. Dedication
k. Taxes
l. Insurance
m. Employment of Legal Counsel
n. Employment of Agents
o. Assessments
p. Architectural Control
q. Right of Enforcement
r. Compliance with Laws
2. Membership in Association
3. Voting Rights of Members
4. Meetings of the Association
5. Transfer of Membership
6. Termination of Membership
7. Suspension of Membership Rights

Article III -- Board of Directors
1. Management of Association
2. Term of Office
3. Fidelity Bond

4. Bylaws
5. Budgets
6. Places of Payment of Assessments and Transaction of Business
7. Books and Records

Article IV -- Imposition of Assessments and Liens
1. Covenant for Assessments
2. Annual Assessments
3. Initial Annual Assessment
4. Increase in Annual Assessments
5. Date of Commencement of Annual Assessments
6. Special Assessments
7. Individual Assessments
8. Effect of Nonpayment of Assessment
9. Subordination to Lien of Mortgages
10. Exempt Property

Article V -- Use of Association Funds
1. Purposes for Which Funds May be Used
2. Accumulation of Funds Permitted
3. Limitation on Expenditures
4. Reserve Fund
5. Accounting
6. Payments; Deposits

Article VI – Use of Common Area
1. Right of Enjoyment
2. Guests of Owners
3. Delegation of Use
4. Motorized Vehicles in Common Area
5. Alteration of Common Area and Right-of-Way Amenities
6. Damage or Destruction of Common Area by Owner
7. Damage or Destruction of Common Area
8. Partition
9. City Assessment—Nuisance
10. City Assessment—Storm Water

Article VII – Design Control
1. Architectural Review Committee
2. Initiating the ARC Review Process
3. ARC Review Process
4. Design Standards Exceptions
5. ARC Appeal Process
6. Right of Inspection

7. Design Standards Violations

Article VIII – Design Standards
1. Design and Architectural Guidelines
a. Exterior Walls
b. Windows
c. Doors/Louvers
d. Roofing Shingles
e. Fireplace Chimneys
f. Driveways
g. Fences
h. Decks
i. Sod
j. Garages
k. Landscaping
l. Outside Air Conditioning Units
m. Swimming Pools
n. Attached Structures
o. Color Schemes
p. Children’s Playhouses
q. Zoning Ordinances
r. Other Building Products/Materials
s. Enclosed Floor Areas
2. Design Standards Management/Listing
3. Prohibited Design Products Listing

Article IX – Use and Occupancy Restrictions
1. Use of Land
2. Business Use
3. Temporary Structures
4. Human Habitation
5. Outbuildings Prohibited
6. Building Exteriors
7. Frontage; Building Lines
8. Utility and Drainage Easements
9. Maintenance of Lot and Improvements Required by Owner
10. Signs
11. Wires, Antennas, Towers, Satellite Systems
12. Parking of Automobiles, Etc.
a. Inoperable Vehicles
b. Oversized Vehicles
c. Specialty Vehicles and Trailers
d. Parking Areas
13. Animals

14. Use of Clothes Hanging Devices
15. Playground Equipment
16. Trash Receptacles
17. Debris
18. Composting
19. Construction Period Requirements
20. Portable Basketball Backboards/Goals
21. Flag/Ornamental Poles
22. Nuisances
23. Hazardous Materials
24. Exterior Lighting
25. Above-Ground Spas, Hot Tubs, Etc.
26. Gardens
27. Solar Energy Systems
28. Rental or Leasing
29. Re-subdivision

Article X -- Duration and Amendment
1. Duration
2. Conveyance of Lots
3. Amendment

Article XI – Enforcement

Article XII – Miscellaneous
1. Covenants Running with Land; Waivers
2. No Liability for Swimming Pool, Playground Equipment, Lakes,
Common Area
3. No Personal Liability
4. Easements
a. Easement for Ingress and Egress
b. Association Easement
c. Owner Easement
d. Utility Easements
5. Assignment by Association
6. Notices
7. Time Periods
8. Severability
9. Eminent Domain
10. Governing Law
11. Grandfather of Existing Improvements
12. Local Laws Not Superseded
13. Headings and Interpretation

14. Word Gender

15. Conflicts

DEFINITIONS

The following terms shall have following definitions (except as otherwise expressly provided herein or unless the context requires otherwise):

1. “Assessment” shall mean each Annual Assessment, Special Assessment, Individual Assessment, monetary fine, late fee, interest, lien fee and any other amount levied by the Association against a Lot or otherwise payable by an Owner of a Lot to the Association in accordance with this Declaration or the Bylaws of the Association.

2. “City” shall mean the City of Lee’s Summit, Jackson County, Missouri.

3. “Common Area” shall mean and refer to the improved or unimproved real property,together with all Structures, improvements, facilities and personal property located thereon, which Canterbury has designated for common use and enjoyment by the Owners, together with such areas as may be depicted on the Plat of Canterbury as “Common Area” or other similar designation.

4. “Declaration” shall mean this Amended and Restated Declaration of Restrictions of Canterbury, as the same may be amended, supplemented or modified from time to time.

5. “Lot” shall mean and refer to any parcel of land shown upon the recorded Plat of Canterbury, with the exception of the Common Area and any property dedicated to and accepted by a public body or agency.

6. “Owner” shall mean any record holder of a fee-simple interest in a Lot. “Owner” shall include a contract for deed seller, but shall exclude any person or entity holding an interest merely as security for the performance of an obligation.

7. “Plat of Canterbury” shall mean and refer to that certain Plat of Canterbury recorded in the Office of the Recorder of Deeds of Jackson County, Missouri, at Independence, together with all amendments and additions thereto.

8. “Residential Dwelling” shall mean a single-family detached residential building maintained and used as a single dwelling unit, completely separated by open space on all sides from any other home or single-family detached residential dwelling except its own garage or shed, sitting on its own property, and occupied as a residence.

9. “Structure” shall mean any building erected or maintained or proposed to be erected or maintained on a Lot other than the main Residential Building, the placement of which upon any Lot may affect the appearance of such Lot.

ARTICLE II - Canterbury Homeowners Association

This section describes the overarching purpose and duties of the Association and established ground-rules for several common topics

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1. PURPOSE AND DUTIES OF ASSOCIATION. The Canterbury Homeowners Association, a Missouri nonprofit corporation (the “Association”), was formed on January 25, 1994, for the purposes of, among other things:
- enhancing and preserving the quality of life and sense of community through effective and efficient management of Canterbury;

- enforcing rules and covenants to preserve property values within Canterbury;

- supporting initiatives and capital improvements that benefit the greater good of Canterbury;

- operating and promoting the common good and general welfare of Canterbury;

- acquiring, owning, leasing, improving, managing, maintaining, preserving, conveying and controlling the Common Area of Canterbury;

- administering and enforcing all covenants, restrictions, easements and charges contained in this Declaration and all liens created herein.

The Association shall hold the Common Area IN TRUST, it being the intent that the Common Area of Canterbury be held and remain used and maintained for the common benefit of all Lot Owners for the duration of Canterbury under this Declaration.

In addition to the powers granted by other portions of this Declaration or by law, the Association shall perform any and all acts which may be deemed necessary or proper in connection with the exercise of any of the powers set forth herein or in the Articles of Incorporation or Bylaws of the Association, including by way of illustration and not obligation:

a. RULES AND REGULATIONS. In accordance with applicable law, the Association may adopt reasonable rules, regulations, restrictions, policies, guidelines and procedures, including without limitation, the establishment and imposition of assessments or other charges, with respect to

(i) the use of the Common Area and the personal conduct of the Owners and their guests thereon;

(ii) the establishment and enforcement of construction and design and aesthetic standards;

(iii) the implementation of provisions set forth in this Declaration or in any other applicable recorded declaration or document applicable to Canterbury
(or any part thereof); or

(iv) the regulation of behavior which violates this Declaration or any other applicable recorded declaration or document applicable to Canterbury (or
any part thereof) or which adversely affects the use and enjoyment of other Owners of the Common Area.

b. COMMON AREA. The Association may plan, design, acquire, own title to or interests in, improve, construct on, lease and equip the Common Area with, by way of example and not of limitation, parks and other open space landscaping, playgrounds, pools and other recreational facilities. The Association shall provide all necessary utility services to the Common Area. The Association shall at all times be responsible for properly repairing,replacing, controlling, maintaining, operating and insuring, as applicable, all of the Common Area, subject to any control thereover maintained by any governmental authority, utility or other similar person or entity.

c. LANDSCAPE MAINTENANCE. The Association shall care for, plant, spray, trim,and protect all shrubbery and trees and care for, protect and re-sow grass and replace sod within the Common Area. The Association shall mow all lawns, pick up and remove loose material, trash, garbage and rubbish of all kinds, and do any other things necessary or desirable to keep the Common Area neat in appearance and in good order. The Association shall provide for the maintenance and operation of gateways, entrances, gardens and other ornamental features within any street in Canterbury or within the Common Area.

d. STREET LIGHTING. The Association shall provide such lights as the Association may deem advisable on streets, parks, parking lots, sidewalks, gateways, entrances or other features within the Common Area, subject to the prior written approval of the ARC.

e. SECURITY PROTECTION. In addition to security protection rendered by public authorities, the Association may employ duly-qualified officers for the purpose of providing such security protection as the Association may deem necessary or desirable. The Association may install security cameras within the Common Area for the purpose of protecting the Common Area and other property of the Association. The films from the security cameras shall remain the property of the Association, be maintained for such period of time as the Board of Directors shall deem reasonable, and be released only in compliance with local, state and federal regulations.

f. MAINTENANCE OF RESIDENTIAL DWELLINGS, STRUCTURES AND LOTS. The Association shall provide for maintenance of any Residential Dwelling, Structure or Lot in the event the Owner thereof fails to keep the same in a proper state of repair and upkeep, including without limitation, painting, cleaning, repairing and maintaining exterior surfaces and roofing.

g. POOL AREA. The Association shall pay all operating expenses and capital expenditures relating to the swimming pool and the area surrounding the swimming pool within the Common Area (the “Pool Area”). For purposes hereof, “operating expenses” of the Pool Area shall generally have the meaning attributed thereto under generally accepted accounting principles, consistently applied; and “capital expenditures” of the Pool Area shall mean any expenditures to be made or incurred for equipment, furniture or other capital assets, including the expansion, addition or replacement of any equipment or facilities, and any other expenditures that would be capitalized under generally accepted accounting principles, consistently applied.

h. JOINT USE AGREEMENTS. The Association may enter into and perform agreements with other homes associations and other parties relating to the joint use, operation and maintenance of any recreational facilities and other similar common areas, whether inside or outside Canterbury, and to the sharing of expenses associated therewith.

i. EASEMENTS AND RIGHTS-OF-WAY. The Association may grant and convey easements and rights-of-way in, on, over or under the Common Area for the purpose of constructing, erecting, operating or maintaining any public or quasi-public improvements or facilities as may be considered necessary for the common good of Canterbury. The Association shall have the right at any time to extinguish or vacate an easement as to all or any portion of Canterbury, subject to any agreement regarding use of easements which may be in force at that time and further subject to approval by the City or the appropriate utility.

j. DEDICATION. The Association may dedicate to public use any easement, sidewalk, streetlight or other improvement or facility constructed or to be constructed within the Common Area whenever such dedication would be accepted by a public agency.

k. TAXES. The Association shall pay all real estate taxes and assessments imposed upon the Common Area.

l. INSURANCE. The Association shall purchase and maintain public liability,workers’ compensation, fidelity, property coverage, director and officer liability,indemnification and other insurance with respect to the activities of Canterbury Homeowners Association and the Common Area, in such amounts as the Board of Directors shall determine necessary and proper to adequately insure and protect the same.

m. EMPLOYMENT OF LEGAL COUNSEL. The Association may employ legal counsel to negotiate disputes, enforce this Declaration, institute and prosecute such suits as it may deem necessary or advisable, and defend suits brought against it.

n. EMPLOYMENT OF AGENTS. The Association may employ the services of any person, corporation or entity to carry out and perform all or any part of the functions and powers of the Association, and may enter into contracts, leases or rental agreements for any such purpose. Provided, however, that no such contract, lease or rental agreement shall be for a term greater than one (1) year, unless otherwise approved in advance by the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting.

In the event the Association is unable to maintain the minimum required number of directors for the Board of Directors and, upon the affirmative vote of at least seventy-five percent (75%) of the number of directors then comprising the Board of Directors, the Board of Directors should determine it to be in the best interest of the Association and its Owners to maintain the services of a management agent to carry out and perform all or any part of the functions and powers of the Association, including, without limitation, keeping of books and records, operating and maintaining the Common Area, and planning and coordination of activities, then such action shall require the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty
(30) days nor more than sixty (60) days prior to the date of the meeting. If, after such meeting of the Members, the minimum required number of directors for the Board of Directors still has not been attained, then the directors then comprising the Board of Directors shall have the authority to override the vote of the Members and proceed with maintaining the services of a management agent.

o. ASSESSMENTS. The Association may fix and levy Assessments and other charges upon the Lots and take all steps necessary or appropriate to collect or enforce payment of such Assessments and charges.

p. ARCHITECTURAL CONTROL. The Association may exercise any architectural,aesthetic or other control and authority given and assigned to the Association in this Declaration or in any other deed, declaration or plat relating to all or any part of Canterbury.

q. RIGHT OF ENFORCEMENT. The Association shall have the power and authority, in its name, on its behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and to enforce, by mandatory or prohibitive injunction or otherwise,
all of the provisions set forth herein. The Association shall have the right to enforce, in its name, any and all building, use or other restrictions, obligations, agreements, reservations or assessments which have been or hereafter may be imposed upon any of the Lots or other parts of Canterbury; provided, however, that this right of enforcement shall not serve to prevent waivers, changes, releases or modifications of restrictions, obligations, agreements or reservations from being made by the Association or other parties having the right to make such waivers, changes, releases or modifications under the terms of the deeds, declarations or plats in which such restrictions, obligations, agreements and reservations are set forth, or otherwise by law. The expense and cost of any such enforcement proceedings by the Association shall be
paid out of the general funds of the Association, except as provided elsewhere herein. Nothing herein contained shall be deemed or construed to prevent any Owner from enforcing any building, use or other restrictions in its or his own name.

r. COMPLIANCE WITH LAWS. The Association shall make provision for compliance with all subdivision and other ordinances, rules and regulations of the City or any municipality of which Canterbury may become a part.

2. MEMBERSHIP IN ASSOCIATION. Each Owner of a Lot shall be a Member of the Association. When more than one person or entity is an Owner of any particular Lot, all such persons or entities, collectively, shall be deemed a single Member with respect to such Lot, and the one vote allotted to such Lot shall be exercised as they, among themselves, shall determine.

3. VOTING RIGHTS OF MEMBERS. Each Member shall have one (1) vote for all purposes hereunder. In no event shall more than one vote be cast with respect to any Lot. All voting rights of members of the Board of Directors, members of Committees and members of the ARC shall be based on Lot ownership.

4. MEETINGS OF THE ASSOCIATION. Meetings of the Association shall be held in accordance with the procedures set forth in the Bylaws. Notice of all meetings of the Association shall be given by the Board of Directors to the Members not less than (30) days nor more than sixty (60) days prior to the date of such meeting, which notice shall set forth all business which is to be undertaken at the meeting. Any vote required to be taken of the Members of the Association shall be taken in person or by written proxy if taken at a meeting of the Association, or by online voting or mail ballot when available.

5. TRANSFER OF MEMBERSHIP. Membership in the Association shall not be transferred, pledged or alienated in any way, except as herein expressly provided. Association Membership shall automatically be transferred to a new Owner upon transfer of the Lot to which such Membership appertains, whether by sale, intestate succession, testamentary disposition, foreclosure of a mortgage, or other legal process transferring fee simple title to such Lot.

6. TERMINATION OF MEMBERSHIP. No Owner shall continue as a Member after such Owner ceases to hold a qualifying interest in any Lot. No Member may avoid or terminate Membership obligations under this Declaration by declining to use the Common Area, abandoning the Owner’s Lot, or by any other act of abandonment or renunciation.

7. SUSPENSION OF MEMBERSHIP RIGHTS. The voting rights of a Member and a Member’s right of enjoyment or use of the Common Area shall be suspended in the event such Member:
a. is subject to a right of action by reason of having failed to take reasonable steps to remedy a violation or breach of this Declaration within the
number of days specified in a written notice given after such violation or breach;
b. has allowed any Assessment levied hereunder to become delinquent after thirty (30) days’ written notice of such delinquency; or
c. has violated the rules and regulations hereunder governing the use and enjoyment of the Common Area.

Any such suspension shall remain in effect for the period of time during which the condition set forth above continues to exist.

The Board of Directors shall be the sole judge of the qualifications of each Owner/Member to vote and to participate in meetings and proceedings of the Association, the Board of Directors, Committees of the Board of Directors and the ARC, and the right of each Owner/Member to use of the Common Area.

ARTICLE III - Board of Directors

This section describes the general structure of the Board of Directors and the fundamental rules by which they must abide.

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1. MANAGEMENT OF ASSOCIATION. The business and affairs of the Association shall be managed by a Board of Directors consisting of not less than five (5) persons who shall be Members of the Association and who shall serve without compensation. The Board of Directors shall exercise for and on behalf of the Association all powers, duties and authority vested in or delegated to the Association under this Declaration.

2. TERM OF OFFICE. Members of the Board of Directors shall be elected for two (2) year terms of office and shall serve for not more than two (2) consecutive terms. At each annual meeting of Members in even-numbered years, the Members shall elect three (3) persons to serve as directors of the Association during the ensuing two (2) year term, or until their successors are elected and shall have qualified. At each annual meeting of Members in odd-numbered years, the Members shall elect such number of persons as may be required to complete the required number of directors, who shall serve as directors of the Association during the ensuing two (2) year term, or until their successors are elected and shall have qualified.

3. FIDELITY BOND. Prior to any person becoming a member of the Board of Directors or serving on the Board of Directors, such person shall be bonded as set forth in the Bylaws. The cost of premiums for such bonds shall be paid by the Association and shall not be borne by the individual members of the Board of Directors.

4. BYLAWS. The Board of Directors shall have the authority to adopt Bylaws in keeping with this Declaration. All changes in Bylaws must be approved by at least fifty percent (50%) of the members of the Board of Directors.

5. BUDGETS. Not later than thirty (30) days prior to the end of each Assessment Year, the Board of Directors shall prepare a proposed budget and shall fix the amount of the Annual Assessment against each Lot for the ensuing Assessment Year. The proposed budget shall be mailed to the Members of record at least fourteen (14) days prior to the Association’s annual meeting and shall be presented at the Association’s annual meeting for review and approval. The proposed budget shall be prepared within the following guidelines:
a. The budget shall project anticipated revenues, cash expenditures and net cash surplus or deficit for the ensuing Assessment Year.

b. Expenditures shall not exceed the anticipated revenues to be collected during the ensuing Assessment Year plus the total of surplus funds on hand
from prior Assessment Years.

c. An emergency or contingency expenditure totaling less than 50% of the current balance of the Reserve Fund may be budgeted provided such
expenditure does not create an indebtedness of the Association or cause the balance of the Reserve Fund to fall below its minimum required
balance.

6. PLACES OF PAYMENT OF ASSESSMENTS AND TRANSACTION OF BUSINESS. The Board of Directors shall designate from time to time the place where payment of Assessments shall be made and where business in connection with the Association or the Board of Directors may be transacted.

7. BOOKS AND RECORDS. All books and records of the Association shall remain the property of the Association and shall be immediately delivered, electronically or otherwise, to the incoming Board of Directors.

ARTICLE IV - Imposition of Assessments and Liens

This section describes a range of costs - either as annual dues or in the form of penalties - that members are obligated to pay as part of Canterbury.

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1. COVENANT FOR ASSESSMENTS. Each Owner of a Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, shall be deemed to have covenanted
and agreed to pay to the Association
(a) Annual Assessments,
(b) Special Assessments, and
(c) any Individual Assessments, such assessments to be fixed, established and collected as hereinafter provided.

2. ANNUAL ASSESSMENTS. Annual Assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety, recreation and welfare of the Owners within Canterbury and for improvement and maintenance of the Common Area, Pool Area, and properties which are to be of general benefit to the Owners within Canterbury. The Board of Directors shall fix the amount of the Annual Assessment against each Lot and shall deliver notice to the Members of such Annual Assessment at least thirty (30) days in advance of each Annual Assessment period.

3. INITIAL ANNUAL ASSESSMENT. The Initial Annual Assessment as of May 24, 1997 (the date of opening of the Association’s swimming pool) was One Hundred Twenty-Five Dollars ($125.00) per Lot.

4. INCREASE IN ANNUAL ASSESSMENTS. Annual Assessments may be increased each year without a vote of the Members in an amount not to exceed five percent (5%) of the Annual Assessment for the previous year. Any increase in an Annual Assessment in excess of five percent (5%) shall require the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting.

5. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS. Annual Assessments provided for hereunder shall commence as to all Lots on April 1 following the annual meeting of Members (“Assessment Year”). In the event the commencement date of any increase in the rate of Annual Assessment is other than April 1, a proper portion (as determined by the Board of Directors) of the amount of the increase for the remainder of such year shall be due and payable on such commencement date.

6. SPECIAL ASSESSMENTS. Special Assessments may be imposed by the Board of Directors for capital improvements and construction, repair, replacement or maintenance of real or personal property or the Common Area, provided that any such Special Assessment shall require the affirmative vote of at least sixty percent (60%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting. No Special Assessment shall have a duration in excess of two (2) years.

7. INDIVIDUAL ASSESSMENTS. Individual Assessments may be imposed by the Board of Directors in the event an Owner fails to properly maintain, repair, repaint or replace any Residential Dwelling, Structure or other improvement on the Owner’s Lot or in the event of a breach by an Owner of any agreement, obligation, reservation or restriction contained in any deed, declaration or plat covering the Owner’s Lot, including but not limited to the Design Standards; provided, however, any Individual Assessment shall be levied only against the Lot owned by the Owner who has committed such failure or breach.

The Board of Directors shall deliver written notice of such failure or breach to the Owner and the Owner shall have a reasonable period of time, not to exceed thirty (30) days, within which to remedy the failure or cure the breach. In the event the Owner has not remedied the failure or cured the breach within such thirty (30) day period,
(i) the Board of Directors or its authorized agent may enter onto the Lot to remedy the failure or perform such action as shall be required to cure the
breach, and the Association’s costs associated therewith shall become due and payable by the Owner of the Lot within fourteen (14) days of
written demand therefor, or

(ii) the Board of Directors may impose a fine, or additional fines for repeat offenses, at its discretion, which fines shall become due and payable by the
Owner of the Lot within fourteen (14) days of written demand therefor, and such costs or fines shall be deemed an Individual Assessment secured
by a lien upon the Lot, enforceable in accordance with the provisions of this Declaration.

In the event an Owner commences a lawsuit or files a counterclaim or crossclaim against the Association, the Board of Directors, or any individual director, officer or committee member of the Association, and such Owner fails to prevail in such lawsuit, counterclaim or crossclaim, the Association, Board of Directors, or individual director, officer or committee member sued by such Owner shall be entitled to recover from such Owner all litigation expenses incurred in defending such lawsuit, counterclaim or crossclaim, including reasonable attorneys’ fees and court costs. Such recovery right shall constitute an Individual Assessment against the Owner and the Owner’s Lot, shall be and become a lien against the Lot until paid in full, shall become due and payable by the Owner of the Lot within fourteen (14) days of written demand therefor, and shall be enforceable as provided in this Declaration.

8. EFFECT OF NONPAYMENT OF ASSESSMENT. At the time an Assessment becomes due,it shall become the personal obligation of the Owner(s) of the Lot, jointly and severally, and shall automatically become a lien in favor of the Association against the Lot upon which it is levied. Any assessment which is not paid on or before its due date shall be deemed delinquent. In the event an assessment has not been paid within thirty (30) day of its due date, such assessment shall bear interest from the date of its delinquency until paid in full at the rate of eighteen percent (18%) per annum, and such interest shall become part of the delinquent Assessment and the lien upon such Lot. The Association may engage the services of an attorney to collect any delinquent Assessment hereunder; and all costs of collecting such Assessment, including but not limited to, court costs and reasonable attorneys’ fees, shall be added to and become a part of the delinquent Assessment and the lien upon such Lot. No Owner may waive or otherwise avoid liability for any Assessment hereunder by non-use of any Common Area or abandonment of his/her Lot or Residential Dwelling. No sale or transfer of any Lot shall affect the lien of any Assessment, nor shall any sale or transfer relieve such Lot from liability for any Assessment thereafter becoming due or from the lien thereof.

No claim of the Association for Assessments and charges hereunder shall be subject to setoffs or counterclaims made by any Owner. Each Owner hereby waives the benefit of any redemption, homestead and exemption laws now or hereafter in effect with respect to the liens and Assessments created pursuant to this Declaration.

Assessments shall run with the land, are necessary to continue the care, repair and maintenance of the Lots, the Common Area and Canterbury, and are necessary for the continued provision of services. Accordingly, Assessments accruing or becoming due during the pendency of bankruptcy proceedings shall constitute administrative expenses of the bankrupt estate.

This Declaration is intended to secure future advances from the Association to or for the benefit of each Owner and the Owner’s Lot and future obligations of each Owner and the Owner’s Lot to the Association under this Declaration.

9. SUBORDINATION TO LIEN OF MORTGAGES. The lien of any Assessment provided for hereunder shall be subordinate to the lien of any mortgage against such Lot, and the sale or transfer of any Lot pursuant to a decree of foreclosure or proceeding in lieu of fore- closure shall extinguish the lien of any Assessment which became due prior to such sale or transfer. No violation of this Declaration shall defeat or render invalid the lien of any mortgage made in good faith and for value upon any portion of any Lot; provided, however, that any mortgagee in possession or any purchaser at any foreclosure sale or any person in a similar position shall be bound and subject to this Declaration as fully as any other Owner of any Lot.

10. EXEMPT PROPERTY. Notwithstanding anything contained in this Declaration to the contrary, all Common Area and all properties exempted from taxation under the laws of the State of Missouri shall be exempt from all Assessments created hereunder.

ARTICLE V - Use of Association Funds

This section describes how the funds may be used by the HOA, specific rules about how much should be held in reserve as well as lengths of contracts, etc.

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1. PURPOSES FOR WHICH FUNDS MAY BE USED. The Association shall apply all Annual Assessments funds received by it pursuant to this Declaration to the following:
a. payment of operating costs and administrative expenses of the Association, including planning and implementation of community programs and
Common Area improvements;

b. payment of all real and property taxes and assessments, if any, separately levied upon or assessed against the Association or any property owned by
the Association;

c. payment of all premiums and charges for policies of insurance or fidelity bonds, as the Board of Directors may deem necessary and appropriate; and

d. funding of the Reserve Fund provided herein.

Special Assessments funds received by the Association shall be utilized only for the specific purpose(s) for which they were assessed. Special Assessments collected which exceed the cost of the purposes(s) for which they were assessed shall be deposited in and commingled with either the general operating and/or reserve funds of the Association, at the discretion of the Board of Directors. Individual Assessments funds shall be utilized to remedy the failure or cure the breach for which they were assessed and shall be deposited in and commingled with either the general operating and/or reserve funds of the Association, at the discretion of the Board of Directors.

2. ACCUMULATION OF FUNDS PERMITTED. The Association shall not be obligated to spend in any Assessment Year all funds collected for that particular Assessment Year by way of Annual Assessments and may carry forward as surplus any balances remaining at the end of an Assessment Year as the Board of Directors may determine necessary or desirable for the greater financial security of the Association and its purposes.

3. LIMITATION ON EXPENDITURES. The Association shall at no time expend more funds within any one Assessment Year than the total amount of Annual Assessments collected for that particular Assessment Year, plus any surplus and applicable reserves which it may have on hand from prior years. The Association shall not have the power to enter into any contract which binds the Association to pay for any obligation out of the Annual Assessments for any future year, except for those
(i) contracts for utilities, maintenance or similar services or matters to be performed for or received by the Association or its members in subsequent
years,and

(ii) matters relating to the Common Area of Canterbury.

4. RESERVE FUND. The Board of Directors shall establish a Reserve Fund and shall deposit therein not less than ten percent (10%) of the total amount of Annual Assessments collected in each Assessment Year. The minimum required balance of the Reserve Fund shall be not less than fifty percent (50%) of the current year’s Annual Assessments.

Once the Reserve Fund has been fully funded, if the balance of the Reserve Fund falls below its minimum requirement and such deficit continues for more than one (1) year, the Board of Directors may impose a Special Assessment as provided herein to return the Reserve Fund to its minimum required balance.

Once the Reserve Fund has been fully funded, the Board of Directors may begin making incremental withdrawals from the Reserve Fund to pay for the costs of replacements of capital improvements and construction, repair, expansion, addition, replacement or maintenance of any real or personal property of the Common Area which were not originally included in the annual budget and which may become necessary during the Assessment Year.

5. ACCOUNTING. The Board of Directors shall keep full and accurate books of account and the same shall be open for inspection by any Owner, any representative of an Owner or any mortgagee of an Owner at such reasonable time or times as may be requested by such Owner, its representative or mortgagee. Upon written demand from any Owner, the Board of Directors shall furnish that Owner with the Association’s latest annual financial statements that include a balance sheet as of the end of the Association’s fiscal year and a statement of operations for that year.

Any Owner, after obtaining the consent, agreement and approval of twenty-five percent (25%) of all the Owners, may request an independent audit of the financial records of the Association. Such Owner must give the Association written notice at least five (5) business days prior to the date on which the Owner desires such independent audit to commence, which notice shall contain the names and Lot numbers of the Owners joining in the request, the date
on which the Owners joined in the request, and the signatures of all joining Owners. The cost of the independent audit shall be borne by the Association.

6. PAYMENTS; DEPOSITS. All funds collected hereunder shall be held and expended for the purposes designated herein. All checks, drafts or other forms of receipt, together with the deposit instrument(s) therefor, shall be validated by the initials of two officers of the Association and all checks, drafts or other forms of payment shall require the signature of two (2) officers of the Association, none which officers shall have a familial relationship.

ARTICLE VI - Use of Common Area

This section describes the rules around using and maintaining the Common Area

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1. RIGHT OF ENJOYMENT. Every Owner is hereby granted a perpetual easement of use and enjoyment in and to the Common Area, but only for the intended and permitted use of such Common Area. Such right and easement shall be appurtenant to and automatically pass with title to each Lot upon transfer, subject to the following restrictions and reservations:
a. the right of the Association to dedicate or convey all or any portion of the Common Area to the general public or to any federal, state or local
governmental body, public agency, authority, or utility, for such purposes and subject to such conditions as the Association may determine; provided,
however, that no portion of the Common Area shall be dedicated or conveyed without the prior affirmative vote of at least sixty percent (60%) of the
Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered
to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting;

b. the right of the Board of Directors to adopt, enact, enforce and amend rules and regulations for the use, operation and maintenance of the Common
Area and its facilities, which rules and regulations shall be made to enhance the preservation of the Common Area, promote the safety and
convenience of the users thereof, and serve the best interests of the Owners and the Association; and

c. the right of the Board of Directors, in its sole discretion, to suspend use of the Common Area if doing so would benefit Canterbury.

2. GUESTS OF OWNERS. Any guest of an Owner shall be entitled to the right or privilege of enjoyment of the Common Area, subject to such regulations as may be promulgated by the Board of Directors. Each guest shall be accompanied by the Owner sponsoring such guest at all times the guest is using the Common Area.

3. DELEGATION OF USE. Any Owner may delegate his/her right to enjoyment of the Common Area and its facilities to the members of his household and to his tenants or contract-for-sale purchasers who reside on such Owner’s Lot.

4. MOTORIZED VEHICLES IN COMMON AREA. No automobiles, motorcycles, all-terrain vehicles or other motorized vehicles or apparatus of any kind shall be allowed in the Common Area, except for parking in any designated parking lots and except for mowing and otherwise maintaining the Common Area.

5. ALTERATION OF COMMON AREA AND RIGHT-OF-WAY AMENITIES. No Owner shall improve, destroy or otherwise alter any of the Common Area or right-of-way amenities without the prior written consent of the Association.

6. DAMAGE OR DESTRUCTION OF COMMON AREA BY OWNER. In the event an Owner, or any of his guests, tenants, licensees, agents or family members, should damage any portion of the Common Area, the Association shall repair or replace such damaged area and the cost of such repairs or replacements shall be deemed an Individual Assessment, enforceable in accordance with the provisions of this Declaration.

7. DAMAGE OR DESTRUCTION OF COMMON AREA. Immediately upon the damage or destruction by fire or other casualty of all or any part of the Common Area covered by insurance, the Board of Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all claims arising under such insurance and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed area. Repair or reconstruction, as used in this paragraph, shall mean repairing or restoring the Common Area to substantially the same condition in which it existed prior to the fire or other casualty. Any damage or destruction to the Common Area shall be repaired or reconstructed unless at least sixty percent (60%) of the Members of the Association shall decide within sixty (60) days after the casualty not to repair or reconstruct.

In the event the Members of the Association shall determine that the damage or destruction of the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, then the damaged or destroyed property shall be restored to its natural state and maintained as an undeveloped portion of the Common Area in a neat and attractive condition.

In the event the damage or destruction for which insurance proceeds are received is to be repaired or reconstructed, and such proceeds are insufficient to defray the cost thereof, then Board of Directors may levy a Special Assessment against the Owners therefor. Additional Special Assessments may be levied in like manner at any time during or following the completion of any repair or reconstruction.

In the event insurance proceeds are to be paid to the Owners, such payments shall be made jointly to the Owner of and to the holders of first mortgages or deeds of trust on the Lot, as their interests may appear.

8. PARTITION. Except as may be provided herein, there shall be no physical partition of the Common Area or any part thereof. This section shall not be construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property, nor from acquiring title to real property which may be subject to this Declaration.

9. CITY ASSESSMENT--NUISANCE. In the event that any portion of the Common Area is determined to be a nuisance or in disrepair in violation of any provision of the City’s Property Maintenance Code, and such disrepair or nuisance is abated pursuant to procedures otherwise provided in the City’s Property Maintenance Code, the costs to abate the disrepair or nuisance created by the failure to maintain any portion of the Common Area shall be assessed proportionally against the individual Lots and Lot Owners within Canterbury, in an equal amount per individual Lot, pursuant to the tax bill provisions of the City’s Property Maintenance Code, and the amount caused by the City Director of Finance to be assessed annually by tax bill shall not exceed five percent (5%) of assessed valuation per individual Lot.

10. CITY ASSESSMENT—STORM WATER. In the event it is determined that the maintenance of any storm water conveyance, retention or detention facility located within the Common Area fails to meet any standard set forth in the final development plan, or final plat if no final development plan was required, and such failure is abated by the City, then upon completion of the abatement and certification by the City Director of Public Works that the deficiency has been abated, the City Director of Public Works shall certify all costs of such abatement, including enforcement costs and expenses of staff time incurred in the remediation of the deficiency, to the City Director of Finance, who shall cause a special tax bill therefor, or add the costs thereof to the annual real estate tax bill, at the option of the City Director of Finance, proportionally against the individual Lots and Lot Owners within Canterbury, in an equal amount per individual Lot, and the amount assessed annually by tax bill shall not exceed five percent (5%) of assessed valuation per individual Lot. From the date of its issuance, the special tax bill shall be and become a first lien upon each Lot until paid and shall be prima facie evidence of the recitals herein and of its validity. Each special tax bill shall be issued by the City Clerk and delivered to the City Director of Finance on or before June 1 of each year, and such tax bill, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum. The City shall be a third-party beneficiary of all provisions herein pertaining to the assessment of costs for maintenance of storm water conveyance, retention, or detention facilities within the Common Area, and such provisions shall not be modified or amended without the written consent of the City.

ARTICLE VII - Design Control

This section explains the makeup, authority, responsibilities and operational guidelines of the Architecture Review Committee (ARC)

- How to engage the ARC

- What to expect

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1. ARCHITECTURAL REVIEW COMMITTEE. The HOA shall have an Architectural Review Committee (“ARC”) consisting of at least three (3), but not more than five (5), Owners appointed and removed from time to time by the Board of Directors. The purpose of the ARC shall be to ensure that all proposed uses and any construction or alteration of any Residential Dwelling, Structure or Lot which occurs within Canterbury shall not negatively influence the value of any homes within Canterbury, shall remain consistent with the overall look and appeal of Canterbury, and shall be performed in conformity with the objective of high-quality environmental design and compatible development. To carry out this purpose, the ARC shall have all the rights, powers and duties conferred upon it pursuant to the provisions of this Article and by the Board of Directors, including the right to approve or reject any and all proposed uses, site plans, and Structures to be constructed within Canterbury, including the Common Area improvements. The ARC shall further be responsible for interpreting and maintaining all policies, requirements and standards associated with the Canterbury Design Standards, as well as making recommendations for changes in such Design Standards. The ARC shall maintain as a permanent record all documents, including but not limited to approvals, recommendations, amendments, exceptions, disapprovals, denials, rejections, withdrawals, receipts, emails, and correspondence, relating to any submission to the ARC review process, which documents shall be readily available to the Owners of Canterbury; provided, however, that no proprietary documents shall be provided for review except to the actual owner thereof.

The ARC shall meet as necessary to consider applications with respect to any matters that require the approval of the ARC and any other matters within the authority of the ARC as provided in this Declaration. A majority of the members of the ARC shall constitute a quorum for the transaction of business that comes before any meeting, and every act or decision made by a majority of the members present at a meeting at which a quorum is present shall be
regarded as the act or decision of the ARC. The ARC shall report to the Board of Directors on a monthly basis regarding all actions taken by the ARC during the preceding month.

2. INITIATING THE ARC REVIEW PROCESS. The Owner shall be responsible for reviewing all Design Standards, which may be obtained from the ARC, to determine any restrictions or allowances affecting any proposed changes to a Lot. Prior to making any physical changes to a Lot, the Owner shall initiate the ARC review process if such changes meet the following criteria:

All changes that involve temporary or permanent modifications or additions:
- to a Residential Dwelling that materially alter its external visual presentation (examples: garage additions or expansions, room additions, paint color
changes, satellite dish placement, etc.);

- of man-made constructs separate from or adjacent to a Residential Dwelling that materially alter the external visual presentation of the Lot
(examples: fencing, walkways, walls, deck or patio creation/expansion, greenhouses, swimming pools, etc.);

- to a Lot that alters the natural flow of waters across or within the Lot (examples: retaining walls, landscaping construction, etc.); or

- to a Lot’s landscaping that materially deviates from the common external visual presentation of the landscapes within Canterbury.

The owner shall engage the ARC for its assistance in interpreting whether the above criteria applies to any proposed physical change in the event there is any uncertainty.

In the event the replacement of any exterior portion of a Residential Dwelling or Structure or the replacement of any part of a Lot due to age, deterioration, casualty loss or other reason meets the criteria set forth above, such replacement shall not require the ARC review process if such replacement retains the same original design, material (unless otherwise restricted by the current Design Standards) and color as the original Improvement.

All submissions to the ARC review process shall be accompanied by an ARC Application for Review, along with any additional design documentation that further details the proposed changes, including but not limited to, a materials/product list, exterior color schemes, permitting, plans, specifications, renderings, elevation drawings, etc.

The ARC shall provide the Owner with a written receipt reflecting the date on which any submission under the ARC review process is received. The ARC’s written receipt shall not be construed by the Owner as either approval or disapproval of or a determination as to the completeness of such submission.

3. ARC REVIEW PROCESS. In connection with the approval or disapproval of plans and specifications, the ARC shall consider appearance, quality of design and workmanship, harmony and aesthetic compatibility of design standards, and consistent uniformity of the materials and colors in relation to surrounding Residential Dwellings, Structures, Lots and landscaping and Canterbury as a whole, and location and finished grade elevations with respect to the surrounding topography.

The ARC may reject plans and specifications for the following reasons, among others:

(i) insufficient information with which to adequately evaluate the design or its intent;

(ii) a negative impact on the home values within Canterbury; or

(iii) a design inconsistent with the overall community look and appeal of Canterbury.

In recognition that the overall impact of improvements involves issues of taste and judgment which cannot be completely reduced to design standards, the ARC shall also have the right, in its sole discretion, to reject plans and specifications conforming to the Design Standards if the ARC believes that the overall aesthetic impact of any proposed improvement, addition, alteration, change or replacement is detrimental to Canterbury. The ARC shall make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for approval.

The initial review of each submission will be carried out in a timely manner, not to exceed thirty (30) days from the date of receipt of the submission by the ARC; and notification of recommendations, approval or disapproval by the ARC will be provided in writing to the Owner within such thirty (30) day period. In the event the ARC fails to approve or disapprove any submission within thirty (30) days after the date of the ARC’s receipt of such submission, then all requirements for such submission shall be deemed fulfilled and the ARC’s approval of such submission shall be given as an exception. All pertinent requirements of public agencies shall be complied with in the construction of any improvements on each Lot, all plans must be approved by the appropriate departments of the City, and final legal approvals permitting construction of such improvements will be made by the City. Submission to the City for building permits or site plan approval should not be made until final plans and specifications have been approved in writing by the ARC.

In the event a change, alteration or addition is time sensitive in that it is required to address a safety issue, then any one (1) member of the ARC may make an expedited decision with respect to such change, alteration or addition and such decision shall be binding upon the remaining members of the ARC. In the event expedited approval is not given, then the Owner’s submission shall proceed through the ARC review process in accordance with the normal procedure for initiating the ARC review process.

No member of the ARC may participate in approving any application which is submitted to the ARC and which concerns such member’s Lot. If such an application is submitted to the ARC and the application fails to receive approval or denial, the Board of Directors shall appoint a temporary member to the ARC for the limited purpose of considering and acting upon such application.

No member of the ARC shall be personally liable for any approval, disapproval or failure to approve or disapprove hereunder nor for any approval or acceptance of any engineering or architectural plan or design or any method or manner of construction which may be described in any plans, specifications or other documents submitted to the ARC with respect to the Residential Dwelling, Structure or Lot alterations for which approval is sought, nor shall it be deemed to be an approval or acceptance of the quality or suitability of any material, goods or appliances to be used in the Residential Dwelling, Structure or Lot alterations for which approval is sought.

4. DESIGN STANDARDS EXCEPTIONS. In order to meet special situations that may not be foreseen, it may be desirable for the ARC to allow variances of certain requirements under this Declaration. Any variance granted shall be considered an exception to the Design Standards and shall not be considered precedent setting since such variance is being made in connection with a specific improvement in relation to the surrounding Residential Dwellings, Structures, Lots and landscaping and Canterbury as a whole.

5. ARC APPEAL PROCESS. Any Owner who disagrees with a decision of the ARC shall have the right to appeal such decision to the Board of Directors by an instrument in writing delivered to any member of the Board of Directors within sixty (60) days of the ARC’s decision. Such appeal shall set forth an explanation of the appellant’s disagreement and any alternative suggestions or recommendations the appellant might offer in order to meet the requirements for approval by the ARC. In making its determination, the Board of Directors may consider any and all aspects and factors that it may, in its absolute discretion, determine to be appropriate to establish and maintain the quality, character and aesthetics of Canterbury. The Board of Directors shall notify the appellant of its decision in a timely manner, not to exceed seven (7) days from its date of receipt of the appeal. Any decision rendered by the Board of Directors on an appeal of a decision by the ARC shall be final and binding on all parties and shall be deemed to be the decision of the ARC for all purposes under this Declaration.

6. RIGHT OF INSPECTION. Any member of the Board of Directors and/or the ARC may, after at least twenty-four (24) hours prior written notice to the Owner, enter upon any Lot, as necessary, without being deemed guilty of trespass, for the purpose of inspecting any improvements constructed or being constructed on such Lot to ascertain that such improvements have been or are being built in compliance with the plans and specifications approved by the ARC, the Design Standards, and this Declaration. Such inspection shall be undertaken within a timely manner, not to exceed thirty (30) days after written notice of such inspection is delivered.

7. DESIGN STANDARDS VIOLATIONS. If any Residential Dwelling, Structure or Lot shall be erected, placed, maintained or altered otherwise than in accordance with the plans and specifications approved by the ARC, such erection, placement, maintenance or alteration shall be deemed to be a violation of the Design Standards which may result in the issuance of an
Individual Assessment.

ARTICLE VIII - Design Standards

This section describes the acceptable standards for multiple exterior home and lot improvements

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1. DESIGN AND ARCHITECTURAL GUIDELINES. Design and architectural guidelines, including the Design Standards Listing and the Prohibited Design Products Listing (collectively, the “Design Standards”), shall be established for the purpose of approval and disapproval of all proposed uses and
construction or alteration of any Residential Dwelling, Structure, Lot, easement area or Common Area within Canterbury. The ARC shall make the current Design Standards readily available to the Owners of Canterbury and other interested parties, upon request. The initial Design Standards shall be as follows (NOTE: FOR CHANGES, IF ANY, TO THE DESIGN STANDARDS, SEE SECTIONS BELOW ENTITLED, “DESIGN STANDARDS MANAGEMENT/LISTING” AND “PROHIBITED DESIGN PRODUCTS LISTING.”):

a. EXTERIOR WALLS. Exterior walls of all Residential Dwellings and Structures and all appurtenances thereto shall be of twenty-five (25) year or better brick, stone, stucco, wood, wood siding, wood paneling, vinyl siding, fiber cement, glass blocks, plate glass, or any combination thereof, except that vertical sides of wood shingles are prohibited. All wood surfaces must be painted in accordance with ARC-approved colors. Vinyl siding will require the prior written approval of the ARC as to type, quality and color.

b. WINDOWS. Windows shall be of twenty-five (25) year or better double-glazed minimum and shall be vinyl, vinyl clad, or aluminum clad.

c. DOORS/LOUVERS. Doors and louvers shall be of wood, metal or glass.

d. ROOFING SHINGLES. Thirty (30) year or better approved asphalt, architectural, or laminated shingles shall be in “weather gray” or equivalent color, with pre-colored metal valleys.

e. FIREPLACE CHIMNEYS. Exterior fireplace chimneys shall be of twenty-five (25) year or better masonry or wood, compatible with siding, with a low-profile rectangular top. In the event a fireplace chimney is located on the front elevation, such chimney shall be of masonry, brick, stone or stucco.

f. DRIVEWAYS. Driveways shall be of concrete construction to a 4,000-pound minimum compression strength, or a hard-fired paver-type brick with the appropriate sub-base. Asphalt, gravel and composition driveways of any type are prohibited.

g. FENCES. Fences shall be of rot-resistant wood construction and shall not exceed four (4) feet in height. Privacy fences of up to six (6) feet in height may be constructed (i) to enclose a special use area, such as a patio or swimming pool; (ii) along any perimeter lot line of Canterbury; or (iii) along Langsford and Blackwell Roads. No “chain-link” or vinyl fences shall be allowed.

h. DECKS. Decks shall be made of weather-treated cedar or composite wood, be maintained in the “new wood” look, and complement the color scheme of the Residential Dwelling. Deck footings shall be below the frost line and deck posts must sit on a concrete base or the deck footings.

i. SOD. Lots shall be fully sodded with non-evasive grasses (such as tall fescues, ryes, or blue grasses) unless a specific alternate request is first submitted to and approved in writing by the ARC.

j. GARAGES. Residential Dwellings shall have a minimum of a two (2)-car attached garage.

k. LANDSCAPING. Residential Dwellings shall have front foundation landscaping.

l. OUTSIDE AIR CONDITIONING UNITS. Outside air conditioning units shall be mounted above ground on the side or rear of the Residential Dwelling.

m. SWIMMING POOLS. Permanent back yard swimming pools, together with fencing therefor, require the prior written approval of the ARC and shall be approved only after careful consideration of the potential effect of such swimming pool on neighboring properties.

No above-ground pools shall be permitted. Swimming pools shall be separated from adjoining properties with a fence at least (4) feet in height and provided with gates which must be kept locked when the pool is unattended. Use of plantings in the vicinity of the swimming pool is
recommended to soften the effect of sound on adjacent Lots.

n. ATTACHED STRUCTURES. No Structure to be attached to a Residential Dwelling shall be erected without the prior written approval of the ARC and no such Structure shall have outside dimensions larger than six (6) feet wide by eight (8) feet deep by seven (7) feet high (at
its peak). All Structures to be attached to a Residential Dwelling shall conform to the Design Standards, be painted or stained (where appropriate) the same color of the Residential Dwelling, and have roofs that are the same as on the Residential Dwelling.

o. COLOR SCHEMES. A maximum of three (3) colors will be permitted on exterior wall materials (excluding doors, windows and flashing) and a maximum of two (2) colors will be permitted on trim materials (including fascia, corner boards and accent pieces, and excluding doors and windows). Colors shall be blended and compatible with other color schemes within Canterbury and white, high contrasts and bright trim are to be avoided. Paint color changes require the prior written approval of the ARC.

p. CHILDREN’S PLAYHOUSES. Children’s playhouses shall not exceed a footprint size of eight (8) feet by eight (8) feet and shall be used ONLY as a children’s playhouse and for no other purpose. Treehouses are prohibited.

q. ZONING ORDINANCES. The location of all Residential Dwellings, Structures, fences, and plantings shall conform to the applicable zoning ordinances of the City of Lee’s Summit.

r. OTHER BUILDING PRODUCTS/MATERIALS. No other building products or materials shall be used unless first submitted to and approved in writing by the ARC.

s. ENCLOSED FLOOR AREAS. Residential Dwellings shall have minimum enclosed floor areas, the required number of square feet to be at grade level, as follows:

As used herein, the term “enclosed floor area” shall mean areas enclosed on the first and second floors of a Residential Dwelling and finished for all-year occupancy, computed on outside measurements, and shall not mean or include any areas in basements, garages, porches or attics; provided, however, that certain interior areas of the first floor need not be immediately finished for occupancy if the residence is so designed and built that such areas can be finished at a later date without any structural changes being made to the exterior of said residence.

2. DESIGN STANDARDS MANAGEMENT/LISTING. All policies, requirements and standards shall be in support of the stated purpose of the ARC and the approval decision criteria as set forth in this Declaration.

The ARC shall be responsible for maintaining an itemization of the initial Design Standards and all changes thereto (the “Design Standards Listing”). The ARC shall make the current Design Standards Listing readily available to the Owners of Canterbury and other interested parties, upon request. The purpose and intent of the Design Standards Listing is to provide direction for current and historical Design Standards, to convey the current Design Standards when making design plans prior to submission to the ARC, and to ensure a speedier and potentially more agreeable outcome. Each item on the Design Standards Listing will include the parameters for each standard, the date the standard was added to the Design Standards Listing and, if removed, the date on which the standard was removed from the Design Standards Listing.

All recommended changes to the Design Standards shall be submitted to the Board of Directors for its approval. The Board of Directors shall review and, if necessary, revise such recommendations. Design Standards changes approved by the Board of Directors shall require the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting.

In the event of approval of a Design Standards change by the Members, the ARC shall update the Design Standards Listing and the requirements for the plans and specifications to be submitted for approval to the ARC, and (ii) provide notice of the decision of the Members and a copy of the updated Design Standards Listing, if any, to the Owners.

All items on the Design Standards Listing shall be and become a part of the Design Standards and equally as binding upon the Owners.

In the event an Owner becomes non-compliant as a result of adoption of a change to the Design Standards, such non-compliance shall be deemed approved as an exception to the Design Standards, as changed. Any change, alteration or addition to any excepted item shall not be made until such change, alteration or addition has been submitted to the ARC (for which the ARC’s written receipt shall also be obtained) and approved by the ARC in writing.

3. PROHIBITED DESIGN PRODUCTS LISTING. The ARC shall be responsible for maintaining an itemization of prohibited manufacturer products and product lines that will not meet ARC approval in any design submissions by an Owner (the “Prohibited Design Products Listing”). The ARC shall make a copy of the current Prohibited Design Products Listing readily available to the Owners of Canterbury and other interested parties, upon request. The purpose and intent of the Prohibited Design Products Listing is to allow Owners to review and avoid the identified products/product lines when making their design plans prior to submission to the ARC and to ensure a speedier and potentially more agreeable outcome. Each item on the Prohibited Design Products Listing will include the manufacturer name, a clear identification of the general product line or specific product item that is prohibited, the date the item was added to the Prohibited Design Products Listing and, if removed, the date on which the item was removed from the Prohibited Design Products Listing.

All recommended changes to the Prohibited Design Products Listing shall be submitted by the ARC to the Board of Directors for its approval. The ARC’s decision to make recommended changes to include or remove an item from the Prohibited Design Products Listing will be based solely upon the assessment of the item to have a lower quality or documented defect that has or could have a negative impact on the value or sale of a Lot and its Residential Dwelling.

The Board of Directors shall review and, in its sole discretion, revise, approve or disapprove any or all of the recommended changes and shall notify the ARC of its decision, with instructions to

(i) if revised or approved, update the Prohibited Design Products Listing, and

(ii) provide notice of the decision of the Board of Directors and a copy of the update, if any, to the Owners.

All items on the Prohibited Design Products Listing shall be and become a part of the Design Standards and equally as binding upon the Owners. An Owner who utilizes products or product lines on the Prohibited Design Products Listing without having obtained the prior written approval of the ARC shall be deemed to have violated the overall Design Standards which may result in the issuance of an Individual Assessment.

Any Owner who has received ARC approval for a particular product line or product that is later added to the Prohibited Design Products Listing shall not be considered in violation of the Design Standards, but shall be recognized as having “grandfathered” approval.

ARTICLE IX - Use and Occupancy Restrictions

This section details specific guidelines and restrictions for a variety of different topics

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1. USE OF LAND. Each Lot shall be improved, used or occupied only for one (1) Residential Dwelling and for no other use or purpose.

2. BUSINESS USE. Any Lot or Residential Dwelling also used for business purposes shall be operated in accordance with the Unified Development Ordinance of the City with respect to Home Occupations in effect at the time such business is established.

3. TEMPORARY STRUCTURES. No Structure of a temporary character shall be erected, moved onto or maintained upon any of the Lots or the Common Area within Canterbury; provided, however, during actual construction, the use of portable or temporary buildings or trailers as field offices for contractors shall be permitted. No outside privies or closets may be erected or maintained on any Lot in Canterbury except for use by workers during construction of improvements on the Lot.

4. HUMAN HABITATION. No Structure other than a Residential Dwelling shall be used as a permanent living space. Temporary living spaces (such as a tent, trailer, camper, motor home, or recreational vehicle) may be erected, moved onto and maintained for human habitation upon a Lot within Canterbury for not more than fourteen (14) days, unless the prior written approval of the Board of Directors has been obtained for a longer period of time. No storage pad, shack, barn, garage or other Structure shall at any time be used for human habitation on any of the Lots within Canterbury.

5. OUTBUILDINGS PROHIBITED. No free-standing shed, barn, garage, storage facility, workshop, building or other Structure shall be erected upon, moved onto or maintained upon any Lot within Canterbury.

6. BUILDING EXTERIORS. The exteriors of all Residential Dwellings and Structures within Canterbury, including walls, doors, windows and roofs, shall be kept in good maintenance and repair. No Residential Dwelling or Structure shall be permitted to stand with its exterior in an unfinished condition for a period longer than six (6) months after commencement of any construction or repair. In the event of fire, windstorm or other damage, no building shall be
permitted to remain in a damaged condition for a period longer than six (6) months from the date of the damage. If, because of acts of God, strikes, lockouts or unavoidable shortages of materials, such construction or reconstruction is not completed within such time period, the time of completion shall be extended a period equal to the period of delay from such cause.

7. FRONTAGE; BUILDING LINES. Each Residential Dwelling shall front or present good frontage on the street(s) on which it is situated. The location of all Residential Dwellings, Structures, fences and plantings shall conform to applicable zoning ordinances of the City.

8. UTILITY AND DRAINAGE EASEMENTS. No building or Structure shall be erected or maintained on any part of an area described or designated as an easement on the Plat of Canterbury, but the Owner of a Lot may, with prior written approval of the ARC, erect and maintain a fence or hedge along the Lot’s property line within such easement, subject at all times to the prior right to use such area for utility purposes. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat of Canterbury.

Within these easements, no Structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, may change the direction of flow of drainage channels in the easements, or may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all drainage channels and improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

9. MAINTENANCE OF LOT AND IMPROVEMENTS REQUIRED BY OWNER. All Lots, Residential Dwellings, Structures, and improvements thereon shall be maintained by the Owner thereof in good condition and repair, and in a safe, orderly, clean, neat, attractive and sanitary condition at all times, including without limiting, seeding, watering and mowing of lawns, pruning, cutting and replacing of trees, shrubbery and landscaping, and painting or other
appropriate external care of improvements, all in a manner and with such frequency as is consistent with safety and good property management.

10. SIGNS. The maintenance of any sign, billboard or other advertising device on any Lot or the Common Area within Canterbury is prohibited; provided, however, that nothing herein shall prohibit an Owner from exhibiting on that Owner’s Lot (i) one (1) sign, not to exceed one and one-half (1-1/2) feet by two (2) feet in size for the purpose of advertising such Lot (and all improvements thereon) for sale or rental; or (ii) signs advocating a candidate or a position in a duly-held election, provided it is not displayed for more than thirty (30) days before and removed within ten (10) days after such election.

11. WIRES, ANTENNAS, TOWERS, SATELLITE SYSTEMS. All radio aerial wires, television antenna and radio towers shall be constructed and maintained in the enclosed attic area of the Residential Dwelling. One (1) Digital Satellite System (“DSS”) dish, not to exceed eighteen (18) inches in diameter, shall be permitted on the exterior of a Residential Dwelling, provided such DSS is not located on the front of the Residential Dwelling or in any conspicuous or prominent location. The ARC shall have the right to require the Owner to relocate the DSS, at the Owner’s expense, in the event the DSS is determined to be in a non-compliant location or position.

12. PARKING OF AUTOMOBILES, ETC.

a. INOPERABLE VEHICLES. No inoperable vehicle shall be stored or parked overnight in any parking area, on any street or driveway, or on any Lot within Canterbury unless completely enclosed in the Owners' garage.

b. OVERSIZED VEHICLES. Any vehicle that itself or together with a trailer will not fit into a standard 10-foot by 20-foot parking space or whose height will not allow it to be parked inside an Owners’ enclosed garage is prohibited on any Lot within Canterbury except during the limited time as such vehicle is actually being used during normal working hours for its specific purpose.

c. SPECIALTY VEHICLES AND TRAILERS. A vehicle or trailer designed strictly for recreational or construction purposes may be stored in an Owners’ enclosed garage without limitation, and is prohibited from parking on that Lot’s driveway except (i) when temporarily parked on the driveway for the purpose of loading and unloading (maximum of 72 consecutive hours once per month), or (ii) with prior written approval of the Board of Directors. Specialty vehicles may not be parked on the street or on any Common Area within Canterbury.

d. PARKING AREAS. Automobiles not otherwise listed above may be parked within an Owner’s garage or driveway or on the street directly in front of or at the side of the Owner’s Lot without time restrictions and may be parked within the Common Area of Canterbury that is a designated parking area only while using that portion of the Common Area.

13. ANIMALS. No animals of any kind shall be raised, bred, kept or maintained on any Lot within Canterbury except for

(i) service animals, and

(ii) dogs, cats and other common household pets so long as

(a) they are not raised, bred, kept or maintained for commercial purposes,
(b) they do not constitute a nuisance,
(c) they do not exhibit any attack or vicious behaviors, and
(d) all City ordinances and other applicable laws relating to animal control have been complied with.

Any animal requiring special permits from any governmental authority are prohibited. All pets shall be confined to the Lot of its Owner except when on a leash controlled by a responsible person. Owners shall immediately clean up after their pets on all streets, within the Common Area and on Lots owned by others. Dog runs are strictly prohibited. All outside dog houses shall be located in the back yard in the patio or deck area, shall be painted or stained (where appropriate) the same color of the Residential Dwelling, and shall have roofs that are the same as on the Residential Dwelling.

14. USE OF CLOTHES HANGING DEVICES. Clotheslines and clothes hangers are prohibited on any Lot within Canterbury.

15. PLAYGROUND EQUIPMENT. Swings or other playground equipment shall be erected or maintained within Canterbury only in rear yards or behind the side building line in the case of a corner Lot.

16. TRASH RECEPTACLES. All trash receptacles shall be kept in in a clean and sanitary condition in enclosed areas in such a manner that they cannot be seen from adjacent and surrounding properties, except upon the day of regularly-scheduled trash collection and except for grass bags placed in the back or side yard pending regularly-scheduled trash collection.

17. DEBRIS. No trash, ashes, limbs, excessive clippings, litter, bulk materials, lumber, metals or any refuse or trash of any kind may be deposited, kept, stored or allowed to accumulate beyond a reasonable volume (in the opinion of the Board of Directors and/or the ARC) upon any Lot within Canterbury beyond a reasonable period of time (in the opinion of the Board of Directors and/or the ARC). No burning of any trash, leaves, grass or weeds shall be permitted on any Lot. Each Owner shall comply with all laws, ordinances and regulations pertaining to health, safety and pollution.

18. COMPOSTING. All composting activities shall be conducted in appropriate containers or bins which are enclosed on a minimum of three (3) sides. Each Owner shall comply with all laws, ordinances and regulations pertaining to health, safety and pollution.

19. CONSTRUCTION PERIOD REQUIREMENTS. During the course of construction on any Lot, it shall be the responsibility of the Owner to ensure that the construction site is kept free of unsightly accumulations of rubbish and scrap materials, that mud and debris tracked onto public streets are promptly removed, that erosion and runoff are controlled, and that construction materials and trailers are kept in a neat and orderly manner.

20. PORTABLE BASKETBALL BACKBOARDS/GOALS. Portable basketball backboards and goals are permitted, provided their placement is within the Owner’s driveway. Placement of basketball backboards or goals shall not block sidewalks and shall not be located in a position that causes play to be in a street. No basketball backboard or goal shall be permitted on any part of a Residential Dwelling. Basketball backboards and goals shall be limited to one
backboard or goal per Lot.

21. FLAG/ORNAMENTAL POLES. One (1) flag or ornamental pole is permitted on a Lot, provided it is no taller than twenty (20) feet high, anchored in the ground and installed according to the manufacturer’s guidelines and recommendations. Any exceptions to this restriction will require the prior written approval of the ARC.

22. NUISANCES. All Lots must be regularly maintained and kept free from clutter. No loud and/or late-night activity that may be disruptive of adjoining neighbors will be permitted unless explicit allowances are reached in advance by those adjoining neighbors. Any activities that endanger the health or wellbeing of any other Owner within Canterbury are prohibited.

23. HAZARDOUS MATERIALS. No outside or underground tank for the storage of oil, fuel or other liquids (other than small propane tanks for barbecue grills) shall be installed, placed or maintained on any Lot.

24. EXTERIOR LIGHTING. No exterior lighting shall be directed outside the boundaries of any Lot and all exterior lighting shall be directed so as to avoid glare and excessive light spillage onto abutting or adjacent Lots. No exterior holiday banners, holiday decorations (including decorative lights), or holiday hardware shall be installed, placed or maintained on any Lot except during the sixty (60) day period beginning November 15th and ending January 15 in each year.

25. ABOVE-GROUND SPAS, HOT TUBS, ETC. Above-ground spas, hot tubs, whirlpool baths and Jacuzzis shall comply with City code and be located in the back yard within 20 feet of the Residential Dwelling. Any exceptions will require the prior written approval of the ARC.

26. GARDENS. Vegetable gardens shall be located behind the rear corners of the Residential Dwelling and shall not exceed 100 square feet in size on any Lot. Any exceptions will require the prior written approval of the ARC.

27. SOLAR ENERGY SYSTEMS. Solar energy systems shall be permitted upon prior written approval of the ARC of the specific location where the solar energy system is to be installed on the roof of the Residential Dwelling, shall have an orientation to the south or within forty-five (45) degrees east or west of due south, and shall comply with all applicable standards, requirements and laws imposed by federal, state and local permitting authorities.

28. RENTAL OR LEASING. No Residential Dwelling or any part thereof shall be rented or used for transient or hotel purposes, meaning rental under which occupants are provided customary hotel services such as room service for food and beverages, maid service and similar services.

No Lot or Residential Dwelling shall be leased for a period of less than six (6) months and no lease shall be for less than the entire Residential Dwelling.
Rental or leasing of a Residential Dwelling shall be permitted, provided the Owner must first register the renter/lessee with the Association providing such information as the Association may require, and file with the Association a complete copy of the executed rental or lease agreement.

All leases shall be in writing, require that the tenant(s) and all other occupants acknowledge the existence of and agree to comply with all provisions of this Declaration, provide that the lease shall be subject in all respects to the terms and conditions of this Declaration and to the rules and regulations of the Association as promulgated from time to time by the Board of Directors, and provide that any failure by the tenant(s) to comply with the terms of this Declaration or such rules and regulations shall be a default under the lease.

In the event a tenant fails to comply with the terms of this Declaration or such rules and regulations, the Owner shall, if directed by the Board of Directors and to the extent permitted by law, terminate the lease and evict the tenant(s). The Owner of the leased property shall be responsible for compliance by the lessee with this Declaration and the rules and regulations of the Association and, notwithstanding the existence of a lease, shall remain liable for all
obligations under this Declaration with respect to the Lot, the improvements thereon and the use thereof, and the Common Areas; and the Owner shall cause the rented property to be maintained to the same general condition and standards as then prevailing for the Owner-occupied Residential Dwellings within Canterbury.

29. RE-SUBDIVISION. No Lot shall be subdivided, nor shall a fractional part of any Lot be sold to a third party.

ARTICLE X - Duration and Amendment

This section describes the life span of the Covenant as well as the process of replacing or amending it.

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1. DURATION. This Declaration and the restrictions, limitations, conditions and covenants contained herein shall be perpetual unless terminated by the vote of one hundred percent (100%) of all Members, except that this Declaration, as it pertains to the Common Area, shall be permanent. The Canterbury Homeowners Association or its successor shall not be dissolved without the consent of the City unless the maintenance responsibilities set forth herein for the Common Area are assigned, with the consent of the City, to a person or entity with the financial, legal and administrative ability to perform such maintenance obligations.

2. CONVEYANCE OF LOTS. Any conveyance or change of ownership of any Lot within Canterbury shall include ownership in the Common Area, and no interest in the Common Area shall be conveyed by an Owner except in conjunction with the sale of the Lot owned by such Owner. The sale of any Lot shall carry with it all the incidents of ownership in the Common Area, even though this Declaration of Covenants is not expressly mentioned in the deed conveying such Lot.

3. AMENDMENT. This Declaration may be amended, modified or changed, in whole or in part, at any time by a duly acknowledged and recorded written instrument (in one or more counterparts) executed by or on behalf of the Association after the proposed amendment, modification or termination has been first approved by the affirmative vote of at least seventy- five percent (75%) of the full number of Directors then comprising the Board of Directors of the Association, and then approved by the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting. No such amendment,modification or change shall reduce or modify the obligation or right granted to or imposed upon the Association with respect to maintenance of the Common Area and the City’s power to levy assessments. All amendments, modifications or changes to this Declaration shall be recorded in the Office of the Recorder of Deeds of Jackson County, Missouri.

ARTICLE XI - Enforcement

This section describes the rights of both the Association and Owners to enforce the contents of this Covenant.

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The Association or any Owner shall have the right (but not the obligation) to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed under the provisions of this Declaration. Failure by the Association or by any Owner to enforce or exercise any right, remedy, provision, covenant or condition granted by this Declaration shall not constitute a waiver of the right of the Association or any Owner to enforce such right, provision, covenant or condition in the future.

All rights, remedies and privileges granted to the Association or to any Owner pursuant to any term, provision, covenant or condition of this Declaration shall be deemed to be cumulative and not exclusive, and the exercise of any one or more thereof shall not be deemed to
constitute an election of remedies, nor shall it preclude the party exercising such remedy from exercising such other remedies as may be granted to such party by this Declaration, at law, or in equity.

In the event the Association is required to initiate legal action to enforce these provisions or prevent the violation thereof, and if the Association is successful in the litigation, the Association’s reasonable attorneys’ fees and expenses shall be levied against such Owner as an
Individual Assessment.

The Board of Directors of the Association may also enforce all of the restrictions, conditions, covenants, reservations, liens, charges and other provisions of this Declaration by establishing, levying and collecting reasonable monetary assessments for violation thereof.
Whenever the Board of Directors determines that a violation of this Declaration has occurred and is continuing with respect to a Lot, the Association may file with the appropriate recording office a certificate setting forth public notice of the nature of the breach and the Lot involved.

In addition to the specific provisions of this Declaration that allow certain parties to make decisions or give permission for certain matters, the Association (acting through the Board of Directors) may, under special situations or circumstances as determined by it, allow variances
or waivers of the requirements or terms set forth in this Declaration. Any such variation or waiver granted by the Association shall not constitute a waiver of such requirement or term in any other situation or under any other circumstances. No waiver of any violation shall be
effective unless in writing and signed and delivered by the person or entity entitled to give such waiver, and no such waiver shall extend to or affect any other violation or situation, whether or not similar to the waived violation. No waiver by one person or entity shall affect any rights or remedies that any other person or entity may have; provided, however, that a duly authorized, executed and delivered waiver by the Association, acting upon a decision of the Board of Directors, respecting a specific violation or potential violation of this Declaration with respect to a specific Lot shall constitute and be deemed as a waiver by all other persons and entities of such violation or potential violation. Any such waiver shall be maintained in the books and records of the Association.

ARTICLE XII - Miscellaneous

This section covers a wide variety of additional provisions and considerations including the binding of an Owner's agreement to this Covenant by nature of owning their Lot.

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Each Owner, at the time of purchase, shall be furnished with a copy of this Declaration.

1. COVENANTS RUNNING WITH LAND; WAIVERS. The agreements, restrictions,reservations and other provisions of this Declaration are and shall be deemed covenants and restrictions running with the land and shall be binding upon and inure to the benefit of all subsequent grantees of all parts of Canterbury. BY ACCEPTANCE OF A DEED TO A LOT, EACH FUTURE GRANTEE OF ANY OF THE LOTS SHALL BE DEEMED TO HAVE PERSONALLY CONSENTED AND AGREED TO THE AGREEMENTS, RESTRICTIONS, RESERVATIONS AND OTHER PROVISIONS SET FORTH HEREIN AS APPLIED TO THE LOT OWNED BY SUCH OWNER. The provisions of this Declaration shall not benefit nor be enforceable by any creditor of the
Association in such capacity as a creditor.

2. NO LIABILITY FOR SWIMMING POOL, PLAYGROUND EQUIPMENT, LAKES, COMMON AREA. By acceptance of a deed to a Lot, all Owners acknowledge and accept the inherent risks and hazards (whether foreseeable or not) associated with the use of (i) a swimming pool and any diving board and/or slide, and any playground equipment that may be installed as a part of the Common Area, and (ii) any lakes, ponds, or creeks that are a part of the Common Area. The Association and its officers, directors, managers, representatives and agents shall have no liability or responsibility to any Owner or other party with respect to such inherent risks and hazards. Each Owner, for himself, the members of his family, his guests and invitees shall be deemed to have released and agreed never to make a claim against the Association and/or any of its officers, directors, managers, representatives or agents for any personal injury or death that may be suffered or incurred by any of such releasing parties in connection with the use of the Common Area, and each of them shall be deemed to have waived any and all claims and causes of action that any of them may ever have against any of such released parties with respect thereto.

3. NO PERSONAL LIABILITY. No member or officer of the Board of Directors, member of the ARC, or member of any committee of the Association (whether such committee is specifically described in this Declaration or hereafter created by the Association) shall be personally liable to any Owner, member, officer or any other party for any damage, loss or prejudice suffered or claimed on account of any act (including any oral representation regarding any aspect of a Lot whatsoever), omission, error, failure to act or negligence of any such member or officer, nor shall such member or officer be liable to the Association, or any Owner or any other party for any damage, loss or prejudice suffered by or claimed on account of

(i) the approval or disapproval of any plans, drawings or specifications, whether or not defective;

(ii) the construction or performance of any work on behalf of the Association upon any Lot or the Common Area;

(iii) the execution and filing of any estoppel certificate, whether or not the facts contained therein are correct; or

(iv) any other act, action or conduct of the Board of Directors, the ARC or any such committee.

This limitation of liability shall apply in all cases, provided that such member or officer has, on the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct.

4. EASEMENTS. The easements granted hereunder are for the benefit of each Owner. In the event any easement rights are exercised with respect to any Lot, the party exercising such rights shall do so in a reasonable manner so as to minimize all adverse effects on the Owner thereof resulting from the exercise of such easement rights and shall promptly repair any damages to such Lot and restore the same to its condition immediately prior to such entry or to as near the original condition as possible.

a. EASEMENT FOR INGRESS AND EGRESS. The Association and each Owner shall have an easement for ingress and egress over and across all of the Common Area and all recreational and other common facilities. All municipal departments of the City, the United States Postal Service, and the School Districts located within the City shall have the privilege of using the Common Area for the routine or ordinary discharge of their duties, either on their own initiative or at the request of an Owner.

b. ASSOCIATION EASEMENT. The Association reserves to itself and its agents, an easement to enter upon any easement, Lot or part of the Common Area in the exercise and discharge of its or their respective powers and responsibilities, including without limitation:

(i) to inspect, construct, install, maintain, operate, repair, landscape, cut, remove and/or replace as appropriate any improvement, utility line, sewer, drainage facility, swale, vegetation or Structure within the Common Area; and

(ii) to enforce the provisions of this Declaration or the Bylaws. Except in the case of an emergency, when access shall be immediate, the right of entry created by this section shall be exercised only after advance notice to any Owner directly affected by such entry.

c. OWNER EASEMENT. Each Owner shall have the right to enter upon a reasonable portion of another Lot, easement or part of the Common Area at reasonable times for the purpose of performing repairs and maintenance to such Owner’s Lot.

d. UTILITY EASEMENTS. All utility easements and rights-of-way granted hereunder shall inure to the benefit of all utility companies, governmental authorities, and the Association for purposes of installing, maintaining or moving any utility lines or services and shall inure to the benefit of all Owners and the Association as a cross easement for utility line service and maintenance. In the event that any utilities or utility connections are located in whole or in part on a Lot other than the Lot being served by such utilities or connections, the Owner of the Lot being served and the applicable utility company shall have the right and easement to enter upon the Lot in which the utility line or connection is located for the installation, repair, maintenance and replacement of such line or connection.

5. ASSIGNMENT BY ASSOCIATION. Upon the affirmative vote of at least seventy-five percent (75%) of the full number of Directors then comprising the Board of Directors of the Association, and then approved by the affirmative vote of at least fifty percent (50%) of the Members of the Association after a meeting duly called and held, written notice of which shall set forth the purpose of the meeting and be delivered to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of the meeting, the Association may assign its rights, or any part thereof, to any successor public body, authority, agency, district or non-profit corporation. Upon such assignment, the successor entity shall have those rights and be subject to those duties assigned thereby and shall be deemed to have agreed to be bound by the appropriate provisions hereof to the same extent as if the successor entity had been an original party to this Declaration. The successor entity shall accept any such assignment by a written instrument (in one or more counterparts), duly acknowledged and recorded, pursuant to which the successor entity expressly assumes the duties and obligations thereby assigned.

If, for any reason, the Association shall cease to exist without first having assigned its rights hereunder to a successor entity, then the covenants, restrictions, easements, charges and liens created by or imposed hereunder shall continue, and any Owner may petition a court of competent jurisdiction to appoint a trustee for the purposes of organizing a non-profit corporation under the laws of the State of Missouri and assuming all rights and obligations of the Association hereunder, with the same force and effect and subject to the same conditions as provided in this Declaration with respect to an assignment by and delegation of the duties of the Association.

6. NOTICES. All notices required hereunder to an Owner shall be deemed given if

(i) delivered personally to an Owner;

(ii) deposited with the United States Post Office (or with any successor public body, authority or agency), postage prepaid, addressed to the Owner at the address last of record with the Association, or

(iii) sent by electronic mail to the Owner at the electronic mail address last of record with the Association. Notice to one co-Owner shall
constitute notice to all co-Owners.

Each Owner shall be responsible for promptly advising the Association in writing of any change in the Owner’s address(es) for the purpose of receiving
notices hereunder.

All notices required hereunder to the Association or the ARC shall be deemed given if

(i) delivered personally to any member of the Board of Directors (in the case of the Association) or any member of the ARC (in the case of the ARC);

(ii) deposited with the United States Post Office (or with any successor public body, authority or agency), postage prepaid, addressed to
the Association or the ARC at the address last of record for the Association; or

(iii) sent by electronic mail to the electronic mail address last of record for the Association. The Association shall be responsible for advising the Owners in writing of any change in the Association’s address(es) for the purpose of receiving notices hereunder.

7. TIME PERIODS. When used herein with respect to time periods, the words “day” or “days” shall be deemed to mean calendar days, and the words “month” or “months” shall be deemed to mean calendar months.

8. SEVERABILITY. Invalidation of any of the provisions or restrictions set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, shall not invalidate or affect any of the other provisions, restrictions, or part thereof, but such restrictions shall remain in full force and effect and this Declaration shall be deemed to be amended so as to comply with such order, judgment or decree.

9. EMINENT DOMAIN. In the event it shall become necessary for any public agency to acquire all or any part of the Common Area for any public purpose during the period this Declaration is in effect, the Board of Directors is hereby authorized to negotiate with such public agency for such acquisition and to execute instruments necessary for that purpose.

Should an acquisition by eminent domain become necessary, only the Board of Directors need be made parties and, in any event, the proceeds received shall be held by the Association for the benefit of the Owners. In the event any proceeds of eminent domain are paid to Owners, such payments shall be made jointly to the Owners and the holders of first mortgages or deeds of trust on such Lots, as their interests may appear.

10. GOVERNING LAW. This Declaration shall be governed by and construed in accordance with the laws of the State of Missouri.

11. GRANDFATHER OF EXISTING IMPROVEMENTS. To the extent any now-existing Residential Dwelling or other improvement on any Lot violates any restriction or requirement set forth in this Declaration, such violating Residential Dwelling or improvement shall be grandfathered from such provisions of this Declaration so long as the violating improvement continues to exist unmodified and is maintained in good condition and repair.

12. LOCAL LAWS NOT SUPERSEDED. Nothing herein shall be construed as permitting any action prohibited by applicable zoning laws or by the laws, rules or regulations of any governmental body, or by any deed or lease. In the event of any conflict, the most restrictive provision of this Declaration and such law, rule, regulation, deed or lease shall govern and control.

13. HEADINGS AND INTERPRETATION. The captions and headings of the articles and sections of this Declaration are inserted for convenience and as a matter of reference only and shall not affect the meaning or interpretation of the contents of this Declaration. The provisions of this Declaration shall be liberally construed so as to effectuate its purpose of creating a uniform plan for the development and operation of Canterbury.

14. WORD GENDER. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular the plural, and vice versa.

15. CONFLICTS. In the event of a conflict between the provisions of this Declaration and the Association’s Articles of Incorporation or Bylaws or the rules and regulations adopted pursuant to the terms of such documents, the provisions of this Declaration shall govern and prevail.