Article IX. Miscellaneous

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 IX. Miscellaneous

9.01 Provisions Binding on Grantees. The Association and each grantee hereafter of any part or portion of the Property covered by the Declaration, and any purchaser under any grant or contract of sale covering any part or portion of such Property, accepts the same subject to all of the restrictions, liens and charges and the jurisdictional rights and powers of the Association provided for in this Declaration.

9.02 Interpretations of Restrictions. In interpreting and applying the provisions of this Declaration, they shall be held to be minimum requirements adopted for the promotion of the health, safety, comfort, convenience and general welfare of the Owners of the Property. It is not the intent of this Declaration to interfere with any provisions of any law or ordinance or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or premises; nor is it the intention of this Declaration to interfere with or abrogate or annul easements, covenants or other agreements between parties; provided, however, that where this Declaration imposes a greater restriction upon the use or occupancy of any residence site or upon the construction of buildings or Structures, or in connection with any other matters that are imposed or required by such provisions of law or ordinances or by such rules, regulations or permits, or by such covenants, easements and agreements, then, in that case, the provisions of this Declaration shall control.

9.03 Construction and Validity of Restrictions. All of the restrictions, conditions, covenants, reservations, liens and charges contained in this Declaration shall be construed together, but if it shall at any time be held that any one or more of such restrictions, conditions, covenants, reservations, liens or charges, or any part thereof, are invalid or for any reason become unenforceable, no other restriction, condition, covenant, reservation, lien or charge, or any part thereof, shall be affected or impaired.

9.04 Assignment of Powers. Any and all rights and powers of the Association provided for in this Declaration and any modification or amendment hereof may be delegated, transferred, assigned, conveyed or released by the Association, and the assignee shall accept the same upon the recording of a notice thereof, and the same shall be effective for the period and to the extent stated therein. Such powers and the duties may be assigned to any responsible entity who assumes the obligations assigned to it.  Upon the effective date of such assignment, the assigning party shall be released of any and all liabilities of whatever nature arising out of acts or omissions prior to the effective date of the assignment.

9.05 Waiver and Exceptions. The failure by the Association, or any Owner or any other person to enforce any of the restriction, conditions, covenants, reservations, liens or charges to which the Property or any part thereof is subject, shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation, lien or charge.

9.06 Titles. All titles used in this Declaration are intended solely for convenience of reference, and the same shall not affect that which is set forth in the terms and conditions of this Declaration nor the meaning thereof.

9.07 Singular and Plural, Masculine and Feminine. The singular shall include the plural and the plural the singular, unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine and neuter, as the context requires.

9.08 Successors-in-Interest. Reference herein to either the Association shall include its respective successor, and each such successor shall succeed to the rights, powers and authority hereunder of its predecessor, whether by appointment or otherwise.

9.09 Term. The covenants, conditions and restriction of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the Association, and the Owner of any Lot subject to the Declaration, assigns for a term of thirty-five (35) years from the date hereof, after which time the covenants, conditions and restrictions hereof shall be automatically extended for successive periods of one (1)year each, unless an instrument, signed by Owners of not less than seventy-five percent (75%) of the Lots, has been recorded, agreeing to abolish or change these covenants, conditions and restrictions, in whole or in part.

9.10 Amendments. Any provision contained in this Declaration may be amended or repealed, or additional provisions added to this Declaration, by the recording of a written instrument or instruments specifying the amendment or repeal, executed by the Owners as shown by the records in the Office of the Register of Deeds of Sedgwick County, Kansas, who have a majority of the votes of all members pursuant to subsection 2.02 hereof, of not less than a majority of the Lots then subject to the Declaration; provided that no amendment materially impairing the rights of any mortgagee shall be binding on such mortgagee unless consent to in writing by such mortgagee.

9.11 Mortgage Protection Clause. No breach of the covenants, conditions or restrictions herein contained, nor the enforcement of any lien provision herein, shall defeat or render invalid the lien of any mortgage made in good faith and for value, but all of these covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure sale or deed in lieu thereof.

9.12 Enforcement. The covenants set forth herein shall run with the land and bind the present Owner, its successors and assigns, and all parties claiming by, through or under it, and shall be taken to hold, agree and covenant with the Owner, of each building site, its successors and assigns, and with each of them, to conform and observe this Declaration and each and every term and condition hereof (but no restriction herein set forth shall be personally binding upon any corporation, person or persons, excepts in respect to breaches committed during its, his or their title to said land), and the Owner or Owners of any of the Property of the Association shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the terms and conditions set forth herein, in addition to ordinary legal action for damages.