Proposed Park Charles Amendment Changes
The Board of Directors of Park Charles Association has been working with the Association’s attorney to add provisions regarding assessments, amendments, enforcement, and leasing to the “Park Charles South Declaration of Covenants and Restrictions” (“Proposed Amendment”). The Proposed Amendment is included for your review.
In anticipation of an upcoming homeowners association vote on proposed amendments to current Park Charles South restrictions and covenants, please see the proposed amendments below.
At a time/place to be determined (September/October):
- A mailing of the amendments and ballot to all homeowners.
- An explanatory presentation with a Q and A opportunity.
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2026 AMENDMENT TO THE PARK CHARLES SOUTH
DECLARATION OF COVENANTS AND RESTRICTIONS
This 2026 Amendment to the Park Charles South Declaration of Covenants and
Restrictions is made and entered into as of this ___ day of ___________, 2026
(“Effective Date”) by Park Charles Association, a Missouri nonprofit corporation
(“Association”).
Recitals
A. The Park Charles South Subdivision (“Subdivision”) consists of the real
property as described in the plat listed in Exhibit A attached hereto and incorporated
herein (“Plat”).
B. The Plat is made subject to the “Park Charles South Declaration of
Covenants and Restrictions” recorded at Book 697, Page 1159 in the records of St.
Charles County, as may be amended (“Declaration”).
C. The Association is also subject to the “By-Laws of Park Charles
Association” adopted by the Association in 1975, although unsigned (“Bylaws”).
D. Pursuant to Article IX, Section 1 of the Declaration, the owners of lots in
the Subdivision (“Owners”) are authorized to amend the Declaration by the approval of
two-thirds (2/3) of Owners.
E. The Owners desire to amend the Declaration, and this Amendment is in
the best interests of the community as a whole.
NOW THEREFORE, the Declaration is amended as follows:
1. Article V of the Declaration regarding Maintenance and Assessments is deleted in
its entirety and is replaced by the following:
ARTICLE V
FINANCIAL MATTERS
Section 1. Definitions. For purposes of this Article V only, the following
definitions apply:
(a) “Lot” includes any Living Unit, even if not located on a single-family
residence Lot.
(b) “Common Expenses” means expenses or financial liabilities of the
Association, including: (a) expenses of administration of the
Association, (b) maintenance, repair, improvements, or replacements
on the Common Ground, including improvements thereon;
(c)
expenses relating to implementation and enforcement of the
Governing Documents; (d) expenses declared to the responsibility of
the Association herein; (e) expenses agreed upon as Common
Expenses by the Association; and (f) such reasonable reserves as
may be established by the Association.
Section 2. Covenant to Pay & Personal Liability. Each Owner, regardless of
the manner in which he acquired title to his Lot, including without limit, purchase at
foreclosure or judicial sale, covenants to pay and shall be personally liable for all
assessments and other charges coming due while he is Owner.
In addition to the covenant to pay, the Owner at the time an assessment is due shall be
personally liable for same, together with such charges as may be imposed under these
Restrictions. Personal liability for said assessment shall not pass to a successor in title
unless he agrees to assume such personal obligation.
The obligation and covenant to pay may not be avoided by waiver of the use of the
Common Properties or services, or by abandonment of the Lot, or by reliance upon any
claim against the Association, Board, another Owner or any third party.
Section 2. Common Expense Liability. Common Expenses shall be allocated
on the basis of equality; thus, each Lot’s Common Expense Liability shall be equal to all
other Lots within the Community. Provided, however, the following Common Expense
may be allocated to fewer than all of the Lots or Living Units:
(a) Requested Services. Any Common Expense for services provided by
the Association to an individual Lot at the request of the Owner, and
beyond the Association’s duties expressed herein or assumed, shall be
assessed against the Lot which benefits from such service.
(b) Damages. Any Owner, after notice and opportunity to be heard, shall be
liable for any damages to any other Lot, or to the Common Properties,
caused intentionally, negligently or by his failure to properly maintain,
repair or make replacements to his Lot, or in connection with construction
activities on the Lot.
Section 3. Budget. The Board shall prepare a proposed annual budget,
including an estimate of the income and Common Expenses of the Association and
each Owner’s assessment to provide for the Common Expenses for the forthcoming
year. The budget shall include a schedule of late fees and interest to be charged on
delinquent accounts. The Board shall deliver the proposed budget to the Owners and
set a date for a meeting of the Owners to consider ratification. Unless a majority of all
members who are not delinquent in the payment of assessments or other charges reject
the budget, the budget is ratified. A quorum is not required. In the event the proposed
budget is rejected, the most recent budget shall be continued until such time as the
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Owners ratify a subsequent budget proposed by the Board; this process shall be
referred to as “Ratification Process.”
Section 4. Payment Schedule. All assessments shall be due and payable
annually. The Board may require a periodic payment schedule, but not more frequently
than monthly. In the event that a delinquency in excess of sixty (60) days occurs in the
payment of any assessment that is payable in installments, the full amount of such
assessment may be accelerated and collected as provided in this Article. No
assessment shall be due unless notice of at least thirty (30) days has been provided.
Section 5. Lien. In addition to each Owner’s personal liability under Section 2,
the Association has a lien against a Lot for any assessment or fine from the time the
assessment or fine becomes due, which shall include any other monies owed to the
Association.
(c) Priority. For any liens executed after recording of these Restrictions, a
lien under this Section 5 is prior to all other liens and encumbrances on a
Lot (including any mortgage or deed of trust) except for those liens,
mortgages or deeds of trust of record at the time of the recording of these
Restrictions, real estate taxes and other governmental assessments or
charges against the Lot. The lien is not subject to the provisions of Mo.
Rev. Stat. §513.475 (2000)(homestead exemption).
(d) Perfection. The Association’s lien for unpaid assessments and other
charges shall be deemed perfected upon the Effective Date of this
Amendment. A notice of the Association’s lien, in the Board’s discretion,
may be recorded in the records of St. Charles County, Missouri.
(e) Enforcement. The Association may initiate suit to recover sums for which
this Section creates a lien. In addition, and without waiver of any
remedies, the Association’s lien may be foreclosed by judicial proceeding
or by publication in like manner as a mortgage on real estate or power of
sale under Mo. Rev. Stat. §§ 443.290 to 443.440 (2010).
Section 6. Interest and Late Fees. Unless otherwise adopted pursuant to
Section 3 above, the rate of interest shall be twelve percent (12%) per annum and
late fee shall be $25.00 per month until the account is brought current.
Section 7. Costs and Attorney’s Fees. A judgment or decree in any action
brought under this Article shall include all costs, attorney’s fees (including costs and
fees incurred in executing the judgment), and other charges owed to the Association as
the prevailing party.
Section 8. Exemptions. The Common Properties and any Lot exempt from
taxes under the laws of the State of Missouri shall be exempt from the assessments,
charges and liens created herein.
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Section 9. Certificate of Payment. The Association, within ten (10) business
days after receipt of written request by an Owner, shall furnish to him a statement
setting forth the amount of monies owed by the Owner and levied against the Lot.
2. Article IX, Section 1 of the Declaration regarding Amendments is deleted in its
entirety and is replaced by the following:
Section 1. Amendments. These Restrictions may be amended at any time with
substantial compliance of the following procedures: (1) the Association shall send a
copy of the proposed amendment to each Owner subject to the Declaration with a
ballot; (2) the Owner shall have a minimum of thirty (30) days from the date the
proposed amendment is sent to cast a ballot on the proposed amendment; and (3) the
amendment is approved by two-thirds (2/3) of the votes in the Association with a non-
vote constituting a vote to approve the amendment. This section supersedes any
conflicting requirement in the Declaration or Bylaws.
No challenge to the validity of an amendment adopted by the Association pursuant to
this Section may be brought more than one (1) year after the amendment is recorded;
otherwise, such amendment shall be presumed to have been validly adopted. In no
event shall a change of conditions or circumstances operate to amend any provision of
these Restrictions.
Each amendment shall be executed by an officer of the Board in the presence of a
notary and certified by another officer that such amendment was adopted in accordance
with this Article. Such amendment shall be recorded in St. Charles County and shall be
effective upon recording unless otherwise expressly stated therein.
3. Section 4 of Article IX of the Declaration regarding Enforcement is deleted in its
entirety and is replaced by the following:
4. Enforcement. Enforcement of any of the Declaration and/or rules and
regulations adopted by the Board of Directors shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any such restrictions
and may be brought to restrain any such violation and/or to recover damages therefor
together with reasonable attorney's fees and court costs.
The Association shall have the power to impose fines and penalties, including the
right to collect costs of enforcement of the Declaration and any rules and regulations
adopted by the Board, including attorney’s fees, and the right to suspend membership
rights (including the right to vote and to serve as a Director) for any violation of the
Declaration or rules. The Board shall have the right to adopt an enforcement policy and
fine schedule, at the Board’s discretion. The following procedures shall apply prior to
imposition of fines or penalties (collectively, “penalty”):
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(a) Notice. The Board shall notify the alleged violator (“Respondent”) with
written notice describing (1) the nature of the alleged violation, (2) the
proposed penalty to be imposed, (3) a period of not less than fourteen (14)
days within which the alleged violator may request a hearing before the
Board (which may be reduced if the Board believe that a risk to health or
safety is present), and (4) a statement that the proposed penalty shall be
imposed as contained in the notice unless a written request for hearing is
received within fourteen (14) days of the notice. If a timely request for a
hearing is not made, the penalty stated in the notice shall be imposed;
provided the Board may, but shall not be obligated to, suspend any proposed
penalty. Such suspension shall not constitute a waiver of the right to
penalize future violations of the same or other provisions of the Declaration
or rules by any person.
(b) Hearing. If a hearing is timely requested by the Respondent, the hearing
shall be held in private with the Board. The purpose of the hearing is to
provide the Respondent with an opportunity to be heard and present facts
and witnesses in response to the alleged violation prior to the levy of a
penalty.
(c) Good Faith Compliance. Any failure to comply with this Section shall not
invalidate any fine levied so long as the Owner had notice of the hearing.
(d) Repeat Violations. Fines may be levied on a daily basis for recurring and/or
continuous violations and notice and opportunity to be heard need not be
provided for subsequent violation of the same provision of the Declaration or
rules unless: (a) the amount of the fine is 50% higher than the previous fine,
or (2) the fine was levied more than two (2) years prior.
(e) Fines are Collectible. Fines, penalties and other charges related to the
enforcement of the governing documents, including attorneys’ fees, may be
collected in the same manner as an assessment under this Declaration.
(e) Director Discretion in Enforcement. The decision to pursue enforcement
action in any particular case shall be left to the Board’s discretion, except
that the Board shall not be arbitrary or capricious in taking enforcement
action. Without limiting the generality of the foregoing sentence, the Board
may determine that, under the circumstances of a particular case: (1) the
Association’s position lacks sufficient strength to justify taking any or further
action, (2) the covenant, restriction or rule being enforced is, or is likely to be
construed as, inconsistent with applicable law, (3) although a technical
violation may exist or may have occurred, it is not of such a material nature
as to be objectionable to a reasonable person or to justify expending the
Association’s resources, or (4) that it is not in the Association’s best
interests, based upon hardship, expense, or other reasonable criteria, to
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pursue enforcement action. Such a decision under this Section shall not be
construed as a waiver of the right of the Association to enforce such
provision at a later time under other circumstances or preclude the
Association from enforcing any other covenant, restriction or rule.
4. A new Article X regarding Leasing is added to the Declaration to read as follows:
ARTICLE X
LEASING
The Association deems it to be in the best interests of the community as a whole
to preserve the Subdivision as a community in which the Lots and Living Units not
located on a single-family Lot in the Subdivision (all referred to as “Lots” in this Article)
are predominantly occupied by the Owners. Accordingly, the purpose of this Section is
to foster Owner-Occupancy and thereby improve stability among residents, inhibit
transiency and protect property values, by restricting leasing in the Subdivision.
Section 1. Definitions. For purposes of this Article:
(a) “Direct Family Member” means a spouse, child, parent, grandchild,
grandparent, caregiver, in-law, stepchild, or sibling of the Owner.
(b) “Lease” (whether capitalized or not) means any agreement for the exclusive
possession of the Lot that creates a relationship of landlord-tenant or lessor-
lessee in which the Lot is not Owner-Occupied.
(c) “Owner-Occupied” means that the resident of the Lot is the record Owner of
the Lot or a Direct Family Member of the Owner (and their families). In the
event the Lot is owned by a trust, the Lot shall be deemed to be Owner-
Occupied if the Lot is occupied by a beneficiary of the trust, so long as the
beneficiary is also the grantor of the trust, or the Lot is occupied by the
spouse or Direct Family Member of the grantor of the trust. If the Lot is
owned by a corporation or limited liability company, the Lot shall be deemed
to be Owner-Occupied if it is occupied by a controlling member or controlling
shareholder.
Section 2. Restriction on Leasing.
(a) Any Owner that acquires an ownership interest in a Lot after the recording of
this Declaration shall be prohibited from Leasing the Lot, unless such Owner
was under contract for such sale prior to the date of recordation.
(b) The Board may waive the limitations on leasing in Subsection (a) above for a
reasonable period of time in the event of personal hardship or unanticipated
circumstances such as military service, sabbatical, job transfer, medical
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conditions, economic or market conditions, or other reasonable cause. Any
such waiver shall be in writing and signed by the Owner and the Board. In
the event a waiver is granted, the Owner may lease the Lot in accordance
with the regulations in Subsection (c) below.
Section 3. Lease Regulations.
(a) Written Lease. Any lease permitted under this Section shall be evidenced by
a written lease agreement (“Lease”) and, whether or not expressly set forth in
the Lease, shall be deemed to include the regulations contained in this
Section.
(b) Copy of Lease/Contact Information. The Owner shall furnish to the Board, at
least ten (10) days before the commencement date of the Lease, a copy of
the executed Lease and a lease addendum (if required by the Association)
(“Addendum”), as well as the names, email address(es), and phone
number(s), and/or any other information required by the Board, of the
tenant(s), all occupants, and any broker or property management company
that may be involved. At that time, the Owner must also provide the Board
with updated contact information for such Owner, including an address for
communications, phone number(s) and email address(es). The Lease shall
comply with the Declaration and any rules and regulations adopted by the
Board.
(c) Persons Subject to Declaration. The Lease, Owner and tenant(s)/occupant(s)
are subject to the provisions of the Declaration and any rules and regulations
adopted by the Board.
(d) Term of Lease. Any Lease allowed pursuant to this Article shall have a term
as permitted by the Board as part of the hardship exception. No Lease may
be sublet or assigned.
(e) Short Term Rentals. No Lot may be leased on a nightly or monthly basis, or
for transient or hotel purposes. This includes, but is not limited to any home
exchange, swap or an agreement made via Airbnb®, VRBO® or their
functional equivalent. If a Lease is voluntarily terminated prior to the
expiration of the Lease, the Lot may not be leased for the remainder of the
Lease term. Any agreement purporting to convey a license versus a lease
shall be treated as a lease under this Declaration.
(f) No Time-Share. No Lot may be conveyed under a time-sharing plan or
functional equivalent. For purposes of this Section, a time-sharing plan shall
include any ownership interest in a legal entity that is an owner of a Lot
whereby the different owners of the legal entity share or divide time for the
purposes of occupancy of the Lot.
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(g) No Boarding House. No Lot shall be used as a boarding house or rooming
house. Not less than the entire Lot may be leased.
(h) Certification. The Owner certifies that he/she obtained a background check
and provided a copy of the Declaration and any rules and regulations adopted
by the Board to tenant, and tenant certifies that he/she received said
documents, prior to signing the Lease.
(i) Assignment of Rights. The Owner assigns to tenant all rights and privileges
related to occupancy of the Lot. The Owner retains the right to vote, the duty
to pay assessments, fines and other charges by the Association, and the
obligation to maintain the Lot and carry a personal insurance policy on the
Lot.
(j) Rulemaking. The Board may adopt such rules, regulations, forms,
Addendums, and schedules, as it deems reasonable and necessary to
implement the provisions of this Section.
(k) Reasonable Restraint on Alienation. The leasing limitations of this Section
shall be deemed a reasonable restraint on alienation and not a change in the
use of Lots, which shall continue to be used for single-family residential
purposes.
(l) Enforcement. The Association is authorized to enforce any violation by
tenant or occupant (regardless of relationship to the Owner) of the
Declaration or any rules and regulations adopted by the Board, except for
nonpayment of rent, and may deem such violation a default of the Lease and
shall have the right, after notice to the Owner and opportunity to cure, to
terminate the Lease by judicial proceeding, and shall have all other remedies
under the Declaration. The Association shall assess the Owner of the leased
Lot any and all costs and fees incurred in bringing such Owner’s tenants into
compliance with the Declaration or any rules and regulations adopted by the
Board, or related to any legal proceeding, which shall be collectable as an
assessment as set forth in this Declaration. In the event the Owner fails to
pay any assessment and related charges and fees for sixty (60) days or
more, the Association, upon written notice, may direct the tenant to pay rent
directly to the Association which shall be applied to the Owner’s account until
the delinquency is paid in full; otherwise, however, the foregoing shall not
impose any direct liability on a tenant to pay any general or special
assessment on behalf of the Owner.”
5. Except as otherwise provided herein, the Declaration shall remain unchanged and
shall remain in full force and effect.
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6. The Board is authorized to execute and record this Amendment upon its approval by
the Owners and, their signatures below, certify that this amendment has been
approved by the Owners in accordance with the Declaration.
7. This Amendment shall be effective upon the date of its recording with the Recorder
of Deeds, St. Charles County, Missouri, and shall be applicable to events and
circumstances occurring after said Effective Date.
IN WITNESS WHEREOF, the Board of Park Charles Association hereby execute this
Amendment on the day and year first above written.
PARK CHARLES ASSOCIATION
By: ________________________________
President
Print Name: _________________________
[NO SEAL]
Attest:
By: ________________________________
Secretary
Print Name: _________________________
STATE OF MISSOURI )
) SS
COUNTY OF ST. CHARLES )
On this ________ day of _________________, 2026 before me
_________________________ appeared ____________________, who, being by me
duly sworn, did say that he/she is the President of Park Charles Association, a Missouri
nonprofit corporation, and that said person acknowledged said instrument to be his/her
free act and deed on behalf of the Association.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the County and State aforesaid, the day and year first above written.
________________________
Notary Public
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My Commission Expires:
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EXHIBIT A
PARK CHARLES SOUTH LEGAL DESCRIPTION
PARK CHARLES SOUTH PLAT 1 according to the Plat thereof recorded in Plat Book
19 Page 19 of the St. Charles County Recorder's Office.
PARK CHARLES SOUTH PLAT 3 according to the Plat thereof recorded in Plat Book
19 Page 17 of the St. Charles County Recorder's Office.
PARK CHARLES SOUTH PLAT 4 according to the Plat thereof recorded in Plat Book
19 Page 118 of the St. Charles County Recorder's Office.
PARK CHARLES SOUTH PLAT 5 according to the Plat thereof recorded in Plat Book
20 Page 19 of the St. Charles County Recorder's Office.
PARK CHARLES SOUTH PLAT 6 according to the Plat thereof recorded in Plat Book
20 Page 35 of the St. Charles County Recorder's Office.
PARK CHARLES SOUTH PLAT 7 according to the Plat thereof recorded in Plat Book
20 Page 133 of the St. Charles County Recorder's
Print