Article III. Property Rights In The Common Area

This document extracts the pertinent information for the Meadow Oaks Homeowners Association covenants as filed with the the Office of the Register of Deeds of Sedgwick County, Kansas.   Official copies can be requested from the Office of the Register of Deeds of Sedgwick County, Kansas.

Article III. Property Rights in the Common Area

3.01 Members’ Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provision:

(A) The right of the Association to limit the number of guests of Members;

(B) The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Area, including but not limited to the recreational facilities thereof;

(C) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and to mortgage the Common Area; provided that the rights of such mortgagees shall be subordinate to the right of the Members;

(D)  The right of the Association to suspend the use of the Common Area and any recreational facilities thereon by a Member and his family for any period during which any assessment against his Lot remains unpaid and delinquent, and for a period not exceeding thirty (30) days for any single infraction of the rules and regulations of the Association;

(E)  To charge reasonable admission and other fees for the use of any recreational facilities stationed on the Common Area;

(F) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be determined by the Association; provided that such dedication or transfer shall not be effective unless authorized by a majority of Members present at a specially convened meeting called for such purpose; and

(G) The restrictions contained herein.

3.02 Delegation of Use.  A Member’s right of enjoyment in the Common Area shall automatically extend to all members of the immediate family residing on any part of the Property.  No guests shall be entitled to exercise such right of enjoyment or to any use of the Common Area except as provided in, and subject to, such regulations as may be promulgated by the Board.

3.03 Waiver of Use. No Member may exempt themselves from personal liability for assessments duly levied by the Association, nor release the Lot owned by them from the liens and charges hereof, by waiver of the use and enjoyment of the common Area and the facilities thereon or by abandonment of their Lot.