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Mission Prairie Home Owners
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restrictions and association bylaws, and
other helpful information.
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Resident Directory

Declaration of Restrictions
Homes
Association Declaration
Bylaws
Mission Prairie Lot Map
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Architectural Committee Submissions
All exterior
structures, including decks, gazebos, greenhouses, doghouses,
outbuildings, fences, patio walls, privacy screens, boundary walls,
bridges, patio enclosures, tennis courts, paddle tennis courts,
swimming pools, hot tubs ponds, basketball goals, flag poles, swing
sets, trampolines, sand boxes, playhouses, tree houses or other
recreational or play structures, and all exterior landscape
lighting, rock and vegetable gardens, sculptures, statuaries,
fountains, and similar yard decor, must be approved by the
Architectural Committee and/or Association Board pursuant to Section
8(a) of the
Declaration of Restrictions.
To submit an
application (complete with plans, drawings, or other appropriate
information), click
here.
Declaration of
Restrictions Excerpts (NEW)
Sections 8, 9, 11
and 13 are the primary sections of the Declaration of Restrictions
that govern home owners and residential lots/ The following excerpts
may help inform you as to the restrictions of the neighborhood:
1.
Definitions.
(e) The term "Common Areas" shall mean (i) an), entrances,
monuments, berm, street islands, and other similar ornamental
areas and related utilities, lights, sprinkler systems. trees
and landscaping constructed or installed by or for the Developer
at or near the entrance of any street or along any street, and
any easements related thereto, (ii) all landscape easements that
may be: granted to the Developer and/or the Homes Association,
for the use, benefit and enjoyment of all Owners within the
District, and (iii) all other similar areas and places, together
with all improvements thereon and thereto, the use, benefit or
enjoyment of which is intended for all of the Owners within the
District, whether or not any "Common Area" is located on any
Lot.
(g) The term "Exterior Structure" shall mean any structure
erected or maintained on a Lot other than the main residential
structure or any structural component thereof, and shall
include, without limitation, any deck, gazebo, greenhouse,
doghouse, outbuilding, fence, patio wall, privacy screen,
boundary wall, bridge, patio enclosure, tennis court, paddle
tennis court, swimming pool, hot tub, pond, basketball goal,
flag pole, swingset, trampoline, sand box, playhouse, treehouse
or other recreational or play structure, and all exterior
sculptures, statuary, fountains, and similar yard decor.
8.
Exterior Structures.
(a) No Exterior Structure shall be erected upon, moved onto
or maintained upon any Lot except (1) strictly in accordance
with and pursuant to the prior written approval of the
Architectural Committee as to the applicable building plans,
specifications, exterior materials, location, elevations, lot
grading plans, general landscaping plans and exterior color
scheme, and (ii) in compliance with the additional specific
restrictions set forth in subsection (b) below or elsewhere in
this Declaration, provided, however, that the approval of
the Architectural Committee shall not be required for (i) any
Exterior Structure erected by or at the request of the Developer
or (ii) any Exterior Structure that (A) has been specifically
approved by the Developer prior to the issuance of a temporary
or permanent certificate of occupancy as part of the residential
construction plans approved by the Developer and (B) has been
built in accordance with such approved plans.
(b) (i) All fences, boundary walls and privacy screens
shall be ornamental and shall not disfigure the property or the
neighborhood. All fences and privacy screens shall be
constructed with, the finished side out. All fences and
privacy screens shall be constructed of cedar wood or wrought
iron or other ornamental materials in standard styles approved
by the Developer or the Architectural Committee, as the case
may be. No chain link or similar fence or privacy screen shall
be permitted. Unless arid, until otherwise specifically approved
in writing by the Approving Party, (A) no fence, boundary wall
or privacy screen shall be constructed or maintained on any Lot
nearer to the street than the rear comers (as defined by the
Developer) of the residence,. (B) no boundary fence or wall
shall be constructed or maintained on any Lot more than one foot
from the property line of the Lot, except to the extent
necessary for such fence or wall to abut the residence or as
necessary to comply with clause (A) above or clause (C) or (E)
below, (C) all boundary fences and walls must be joined to any
previously existing boundary fences or walls on adjacent Lots.,
(D) no wood fence shall be painted, (E) no fence or boundary
wall (other than one erected by or for the Developer) shall be
permitted in a landscape easement area in favor of the
Developer and/or the Homes Association or in any other Common
Area. No fence shall be installed without a permit from the City
of Leawood and complying with all applicable laws and codes
relating thereto.
(ii) All basketball goals shall be free standing and
not attached to the residence unless the Architectural Committee
determines that there are compelling reasons for the basketball
goal to be attached to the residence. All backboards shall be
transparent material and not painted and all poles shall be
white or the color of the house. There shall be only one
basketball goal per Lot. The Board shall have the right to
establish reasonable rules regarding the hours of use of
basketball goals and any such rules shall be binding upon all of
the Lots. and the Owners.
(iii) Except where specifically authorized by the
Approving Party in writing, all recreational or play structures
(other than basketball goals) shall be located behind the back
building line of the residence.
(iv) No above ground swimming pools shall be permitted.
All pools shall be fenced and all hot tubs shall be fenced or
otherwise adequately screened, all in accordance with the other
provisions of the Declaration and all applicable laws and codes.
All pools and hot tubs shall be kept clean and maintained in
operable condition at all times.
(v) All outside doghouses shall be located in the back
yard, shall be up against or within two feet of the residence,
shall be painted (where appropriate) the same color as the
residence and shall have roofs (where appropriate) that are
compatible with the residence. No other animal shelters or runs
shall be permitted.
(vi) No Exterior Structure that is prohibited under
Section 9 below shall be permitted under this Section 8.
(c) No fence, boundary wall or other Exterior Structure
installed by or for the Developer anywhere in the District may
be by removed or altered by any Owner or other person without
the prior written consent of the Approving Party.
9.
Buildings or Uses Other Than for Residential Purposes:
Noxious Activities: Miscellaneous
(a) Except as other wise provided in Section. 2 above, no
residence or Exterior Structure, or any portion thereof, shall
ever be placed, erected or used for business, professional,
trade or commercial purposes on any Lot; provided, however, that
this restriction shall not prevent an Owner from maintaining an
office area in his residence in accordance with the applicable
ordinances of the City of Leawood, Kansas.
(b) No noxious or offensive activity shall be carried on with
respect to any Lot, nor shall any grass clippings, limbs,
trash, ashes or other refuse be thrown, placed or dumped upon
any Lot or Common Area; nor shall anything be done which may be
or become an annoyance or a nuisance to the District, or any
part thereof. Each Owner shall properly maintain his Lot in a
neat. clean and orderly fashion, All residences and Exterior
Structures shall be kept and maintained in good condition and
repair at all times.
(c) Unlicensed or inoperative motor vehicles are prohibited,
except in an enclosed garage.
(d) Overnight parking of motor vehicles of any type or
character in public streets, Common Areas or vacant lots is
prohibited. Motor vehicles shall be parked overnight in garages
or on paved driveways only.
(e) Trucks or commercial vehicles with gross vehicle weight of
12,000 pounds or over are prohibited in the District except
during such time as such truck is actually being used for the
specific purpose for which it is designed.
(f) Recreational motor vehicles of any type or character are
prohibited except:
(i) Storing in an enclosed garage;
(ii) Temporary parking for the purpose of loading and
unloading (maximum of one consecutive night); or
(iii) With prior written approval of the Approving
Party.
(g) Except as provided in subsection (f) above, no vehicle
(other than a passenger automobile or van), truck, bus, boat,
trailer, camper or similar apparatus shall be left or stored
over night on any Lot, except in an enclosed garage.
(h) No television, radio, citizens' band, short wave or other
antenna, satellite dish, solar panel, clothes line or pole, or
other unsightly projection shall be attached to the exterior of
any residence or Exterior Structure or erected in any yard.
Should any part or all of the restriction set forth in the
preceding sentence be held by a court of competent jurisdiction
to be unenforceable because it violates the First Amendment or
any other provision of the United States Constitution, the
Architectural Committee shall have the right to establish rules
and regulations regarding the location, size, landscaping and
other aesthetic aspects of such projections so as to reasonably
control the impact of such projections on the District, and all
parts thereof, and any such rules and regulations shall be
binding upon all of the Lots.
(i) No artificial flowers, trees or other vegetation shall be
permitted on the exterior of any residence or in the yard.
(j) No lights or other illumination (other than street lights)
shall be higher than the residence, Exterior holiday lights
shall be permitted only between November 15 and January 15.
Except for such holiday lights, all exterior lighting shall be
white and not colored. All exterior landscape lighting must be
approved in advance by the Approving Party.
(k) No garage sales, sample sales or similar activities shall
be held within the District without the prior written consent of
the Homes Association.
(1) No speaker, horn, whistle, siren, bell or other sound device
shall be located, installed or maintained upon the exterior of
any residence or in any yard, except intercoms, devices used
exclusively for security purposes and stereo speakers used in
accordance with rules specified by the Board.
(m) All residential service utilities shall be underground,
except with the approval of the Developer.
(n) In the event of vandalism, fire, windstorm or other damage,
no residence or Exterior Structure shall be permitted to remain
in damaged condition for longer than three months.
(o) No shed, barn, detached garage or other storage facility
shall be erected upon, moved onto or maintained upon any Lot.
Storage shall be permitted under a deck provided such area is
fenced or otherwise screened as authorized herein.
(p) No outside or underground fuel storage tanks of any kind
shall be permitted.
(q) No driveway shall be constructed in a manner as to permit
access to a street across a rear lot line.
(r) No sign, advertisement or billboard may be erected or
maintained on any Lot except that:
(i) One sign not more than three feet high or three
feet wide, not to exceed a total of five square feet, may be
maintained offering the residence for sale or lease.
(ii) One garage sale sign not more then three feet high
or three feet wide, not to exceed a total of five square feet,
is permitted on the Lot when the sale is being held, provided
such sign is removed within 24 hours after the close of the
sale.
(iii) One political sign per candidate or issue not
more than three feet high or three feet wide, not to exceed a
total of five square feet, is permitted for up to three
weeksbefore the election but must be removed within 24 hours
after the election.
(s) No sign shall be erected or maintained in any Common Area
without the written approval of the Approving Party.
(t) No trash, refuse, or garbage can or receptacle shall be
placed on any Lot outside a residence except after sundown of
the day before, or upon the day for regularly scheduled trash
collection.
(u) Garage doors shall remain closed at all times except when an
open garage door is necessary for ingress or egress.
11. Sprinkler Systems, Lawns, and Landscaping.
Prior to occupancy, all lawns, including all areas between each
residence and any adjacent street, regardless of the existence
and location of any fence, monument, boundary wall, berm,
sidewalk, unimproved landscape easement or right of way line,
shall be fully sodded and shall remain fully sodded at all times
thereafter; provided, however, that the Owner of a Lot may leave
or subsequently create a portion of the Lot as a natural area
with the express written permission of the Approving Party. No
lawn shall be planted with zoysia or buffalo grass.
Prior to occupancy, the Owner shall (i) install an underground
sprinkler system covering the entire front, rear and side yards
of the Lot and (ii) landscape the Lot to the same standards
as that generally prevailing throughout the District and in
accordance with the plans approved by the Developer with
a minimum of $2,000.00 spent on trees, shrubs and similar
plantings (excluding sprinkler system and sod) in the front yard.
All
vegetable gardens shall be located behind the rear corners of
the residence and at least five feet away from the boundary of
the Lot. No vegetable garden(s) shall exceed 100 square feet in
size on any Lot except with the prior written consent of the
Approving Party.
The Owner of each Lot shall keep the lawn uniformly mowed and
clipped with a length of grass not to exceed four inches and
shall properly maintain and replace all trees and landscaping
(excluding those in a Common Area maintained by the Homes
Association).
The Owner of each Lot shall use the sprinkler system as
necessary or appropriate (as determined by the Approving Party)
during the late spring, summer and early fall months.
The Developer shall have the right (but not the obligation) to
install one or more trees on each Lot to comply with the street
tree requirements of the City of Leawood, Kansas. The type of
tree(s) and location shall be selected by the Developer in its
discretion and each Owner shall be responsible for properly
watering. maintaining and replacing such tree(s) on his Lot
after planting by the Developer.
13. Common Areas.
(a.) The Developer and its successors, assigns, and grantees, as
Owners, and the Homes Association shall have the right and
easement of enjoyment in and to all of the Common Areas, but
only for the intended and permitted use of such Common Areas.
Such right and easement in favor of the Owners shall be
appurtenant to, and shall automatically pass with, the title to
each Lot. All such rights and easements shall be subject to the
rights of any governmental authority or any utility therein or
thereto.
(b) The Developer covenants and agrees to convey by special
warranty deed all of its rights, title and interest in the
Common Areas (except any part thereof that is outside of the
District) to the Homes Association, without any cost to the
Homes Association, at such time(s) as the Developer, in its
discretion, may determine, but in all events not later than one
month after the Developer has recorded the Certificate of
Substantial Completion. Notwithstanding the actual date of
transfer, except as other wise provided in an agreement with the
Developer, the Homes Association shall at all time from and
after the date of its formation and at its expense. be
responsible for properly repairing, replacing, controlling,
maintaining, operating and insuring, as applicable, all Common
Areas, subject to any control thereover maintained by any
governmental authority, utility or similar person or entity. Any
transfer of title by the Developer shall not constitute an
assignment by the Developer of any of its rights, as the
developer of the District, pursuant to this Declaration or any
other instrument, contract or declaration. In insuring the
Common Areas, the Homes Association shall cause the Developer to
be named as an additional insured on the insurance coverage
until the recording of the Certificate of Substantial
Completion.
(c) The ownership by the Homes Association of any Common Area
and the right and easement of enjoyment of the Owners in the
District as to any Common Area shall be subject to the right of
the Developer to convey sewage, water, drainage, pipeline,
maintenance, electric, telephone, television and other utility
easements over, under, upon and through such Common Area, as
provided in Section 12 above.
(d) No Owner shall improve, destroy or otherwise alter any
Common Area without the express written consent of the Approving
Party.
(e) Subject to the foregoing, the Developer and the Homes
Association shall have the right from time to time to make,
alter, revoke and enforce additional rules, regulations and
restrictions pertaining to the use of any Common Area.
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