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Summary of Protective Covenants of the Kenrick Manor Homeowners’ Association

The purpose of the Kenrick Manor/Southwoods at Kenrick Seminary Subdivision Association (Subdivision) is to provide certain regulations and restrictions regarding each of the residences and lots.  The homeowners association was formed shortly after the subdivision was developed in 1979.  The Second Amended and Restrictive Agreement was adopted at the annual meeting in September 2010 and duly recorded with the St. Louis County Recorder of Deeds. 

With this 2010 Agreement, the residents determined to continue the tradition that the Subdivision would remain a first-class residential Subdivision and that the current residents desire to continue to restrict uses consistent with the general plan of the Subdivision. Amendments were added at the September 13, 2010 annual meeting creating and authorizing an e-mail option for the receipt of official notices via electronic communication systems; and, at a Special Meeting of the subdivision on August 9, 2010 an amendment was enacted to construct screens to conceal/enclose equipment and/or trash containers (Section 8b). At a minimum residents shall comply with the latest zoning ordinances and procedures established by ordinances of the City of Shrewsbury and St. Louis County.

The residents established a governing board of three Trustees.

The Trustees are provided sufficient authority to carry out the purposes of the Agreement. They are residents of the subdivision who serve three-year terms without compensation. 

This Agreement established certain designated areas as landscape islands, entrance, walkway and certain easements which are for the exclusive use and benefit of the owners of the Subdivision.  The Trustees are charged with maintaining these public areas with funds provided by an annual assessment of all lot owners.  Additionally, this Agreement establishes formal, protective covenants to do and not do certain things.  Some of the major elements of the binding contract are noted below: 

Located within walking distance and just a few minutes from Kenrick Manor is the Shrewsbury Community Center with tennis courts, ball diamonds and Wehner Park with walking trails, playgrounds and pavilions. Within the community center there are private rooms for meetings, a banquet hall for wedding receptions and parties, along with the fitness center, aerobics area and gym for basketball and volleyball. Shrewsbury also has a large community pool for all residents.

This Agreement establishes land use and building type for single-family residential purposes – Section 1.

The restrictive agreement implements architectural controls that require Trustee approval of any construction plans for buildings, building additions, decks, porch, fence or other structure.  Approval must be in writing by a majority of the Trustees – Section 2.

This Agreement mandates minimum cost, size and quality standards established by the Trustees.  It also establishes standards for building location and easements, as well as a prohibition of nuisances and offensive activity to the neighborhood – Section 3-6

Fences, boundary walls and hedges are regulated by this Agreement as to location, height, building materials and approved colors.  The Trustees and the Agreement should be consulted at the earliest possible time for approval of such projects – applies to new fences, altered fences or replacement of fences – Section 7-8.

The Agreement regulates television and radio aerials – Section 9. Prohibits temporary structures – Section 10.  And, establishes regulations for trash containers, as well as procedures and timelines for the placement of such containers for collection and regular storage – Section 11.

Above ground swimming pools are prohibited; in-ground pools must meet stringent standards applied by the City of Shrewsbury and St. Louis County.  Residents should provide a copy of proposed plans at the earliest possible stages to the Trustees.  Security fences must comply with standards outlined in this Agreement – Section 12.

This agreement regulates with specific standards the parking of trucks, boats, busses, campers or similar vehicles – Section 13.  Signs are closely regulated; advertisements are limited to for sale or lease, as well as election signs protected by the First Amendment of the U.S. Constitution – Section 14.  Sidewalks within the Subdivision are subject to the provision of the Municipal Code of the City of Shrewsbury – Section 15.

The duties and powers of the Trustees to expend the assessments for the upkeep and improvements are enumerated – Section 16. This Agreement is automatically extended for periods of ten (10) years unless cancelled by a majority of the owners – Section 17.  A formal process for Amendments to this Agreement by the residents is recognized – Section 18.

Parts of four pages cover the authorization of the Trustees to make uniform assessments, as well as a process for special assessments in excess of the annual assessment. Policies on subdivision assessments should be read by all residents.  Penalties for late payment of assessments are financial, escalating over time, and include an assessment lien recorded in the office of the St. Louis County Recorder of Deeds.  These delinquent liens remain in force until amounts due are fully paid – Section 19

Proceedings for the Enforcement of covenants and restrictions of this Agreement may be filed in an appropriate court of jurisdiction either to restrain violations or recover damages.  Since September 2008 the Trustees are expressly entitled to seek reimbursement for all court costs and attorneys fees in such legal proceeding instituted by the Trustees – Section 20

An annual meeting of the Subdivision occurs each September.  Notice for the annual meeting and minimum content, as well as the election of trustees, are specified in the Agreement. There should be an election of at least one trustee at the annual meeting  (there are provision for filling such positions on an interim basis between annual meetings).  The powers of a majority of the trustees to ensure suitable compliance with the Subdivision restrictions are covered in this Agreement – Section 22-24.

In summary, whenever an exterior improvement is being considered by a homeowner, the  plans must be reviewed and approved by a majority of the Subdivision Trustees as well as the City of Shrewsbury.   When the City and the restrictive Agreement cover the same issue, e.g. a fence, a swimming pool, etc., the more restrictive provision shall govern.