Restrictive Covenants
Use Restrictions:
- Only single-family homes allowed.
- Height limit of 19 feet; minimum 864 sq. ft. ground floor area.
- No commercial use, livestock, or mobile homes.
Approval Requirements:
- All building plans must be approved by the association’s committee.
- Variances allowed but require approval from the board and neighboring lot owners.
Lot Maintenance:
- Grass must be mowed at least twice per month.
- Association can charge owners for non-compliance.
Nuisance Prevention:
- No offensive or noxious activities allowed.
- No construction materials can be stored without approval.
Infrastructure & Costs:
- Owners share costs for water and road maintenance.
- Utility easements of 10 feet along all lot lines.
Enforcement:
- Violations can be legally challenged by other property owners.
- Invalidating one rule doesn’t affect the rest.
Amendments:
- Can be changed by a majority vote of all lot owners.
Bylaws
Purpose: Establishes rules for governance and management of the association.
Applicability: Applies to all property owners, future owners, tenants, and guests.
Common Area: Defines common areas owned/maintained by the association.
Meetings:
- Annual meetings to elect Board of Directors, approve budgets, and discuss assessments.
- Special meetings can be called with 25% owner support.
- Notices required for all meetings.
- Quorum requires 10% of votes.
Board of Directors:
- 9 members, serving one-year terms, no term limits.
- Responsible for maintenance, budgeting, assessments, financial reports.
- Can levy fees, hire contractors, and create rules.
- Limited to contracts under $5,000 without owner approval.
Assessments & Finances:
- Annual budget determines assessments for each lot.
- Special assessments can be imposed for unexpected expenses.
- Failure to pay results in interest (10% annually) and potential legal action.
Amendments: Can be changed by Board majority vote.
Articles of Incorporation
Purpose: Establishes the association as a nonprofit corporation under Iowa law.
Mission: Owns, maintains, and manages common areas/utilities for the subdivision.
Nonprofit Status: No profit distribution; no political activities.
Board of Directors:
- 9 initial directors named, responsible for governance.
Membership:
- All lot owners are members.
- Voting rights determined by bylaws.
Amendments: Requires majority board and member vote.
Liability & Indemnification:
- Protects board members from personal liability except in cases of fraud, illegal acts, or willful harm.