Original Covenants Recorded
Master Declaration of Covenants, Conditions & Restrictions filed in Cole County establishing Architectural Control Committee rules and Article XIII terms.
First Assessment Adjustment
Covenant adjustment addressing pool, clubhouse maintenance, and assessment dues calculation.
Signatures Precedent Filing
Townhouse modification amendment recorded in Cole County with attached resident voting signature pages.
2025 Recorded Covenant Amendment
Cole County filing introducing new restriction rules for fences, coops, garages, solar, and home business zoning without attached homeowner voting pages.
Grassroots Educational & Petition Campaign
Homeowners collecting signatures and requesting transparent legal review under Missouri law.
Understanding Amendment Procedures & Developer Authority
According to the 1994 Charleston Place Declaration of Covenants, Conditions, and Restrictions, there are two distinct methods for amending subdivision rules:
Method 1: Homeowner Voting Rights (Article XIII, Section 1)
Homeowners have the right to amend the Declaration by completing four required steps:
- Meeting Called: Meeting duly called and convened in accordance with Bylaws.
- Homeowner Vote: Receives affirmative vote of members casting a majority of total votes of each class.
- Board Certification: Board of Directors formally certifies the amendment.
- County Recording: Becomes legally effective only after recording in Cole County Recorder's Office.
Method 2: Developer Amendment Authority (Article XIII, Section 2)
Grants Developer limited authority to amend covenants unilaterally under specific circumstances.
Under Missouri law, a developer only possesses powers explicitly granted by the Declaration. Reserved rights allow administrative corrections, lender compliance, and municipal requirements, but do not grant unlimited power to impose new private property restrictions on existing homeowners without a vote.
What the Developer CAN Do
- Amend in its sole discretion when necessary to qualify project for bank/lender financing.
- Amend as required by a public body or governmental agency.
- Clarify intent by correcting ambiguities, drafting errors, or recording mistakes.
- Execute and record qualifying administrative amendments under reserved rights without a vote.
- Add complementary restrictions to new properties/phases (Article II, Sec. 2(C)).
What the Developer CANNOT Do
- Cannot change homeowners' voting rights.
- Cannot alter the rights of first deed of trust (mortgage) holders.
- Cannot materially reduce or alter Common Elements to prejudice of homeowners.
- Cannot alter county-approved storm water detention duties without Cole County written approval.
- Cannot unilaterally create brand-new property-use burdens on existing, privately owned lots without express authority.