Moscow Mills City Zoning Code
ARTICLE XIII
Miscellaneous Provisions
§ 46.740 Transference of control of trusteeship or other forms of subdivision governance of residential subdivisions required.
A.
Minimum requirements for subdivision covenants and restrictions. From and after the effective date of this Ordinance any new residential subdivision platted for land development in the City of Moscow Mills, Missouri, shall be encumbered by an indenture of covenants which shall contain the following minimum requirements:
1.
Indenture of covenants.
a.
The indenture of covenants and restrictions of the subdivision shall provide that there shall be at least three subdivision managers and not more than five subdivision managers.
b.
The indenture of covenants and restrictions of the subdivision shall provide that when title to 50% of the lots depicted on the preliminary plat of the subdivision are transferred to owners other than the developer that within 90 days thereof at least one member of the subdivision managers shall have been elected by the lot owners who are not the developer.
c.
The indenture of covenants and restrictions of the subdivision shall provide that when title to 90% of the lots depicted on the preliminary plat of the subdivision are transferred to owners other than the developer that within 180 days thereof at least two of the members of the subdivision managers shall have been elected by the lot owners who are not the developer.
d.
The indenture of covenants and restrictions of the subdivision shall provide that when title to 100% of the lots depicted on the preliminary plat of the subdivision are transferred to owners other than the developer that within 30 days thereof all members of the subdivision managers shall have been elected by the lot owners who are not the developer.
3.
There shall be only one class of members of subdivision managers.
4.
Each subdivision having an indenture of covenants and restrictions shall assess a fee sufficient to cover the cost of enforcement of said covenants and restrictions.
5.
At the time of the filing with the City of Moscow Mills, or Planning and Zoning Commission, by the developer of the first final plat for a subdivision, the developer shall also file proof satisfactory to the City of Moscow Mills that the developer has deposited in a Trust Account the sum of $2,000 for the benefit of subdivision lot owners, other than the developer (the "Trust Account"). A land title company or Federally insured banking institution selected by the developer shall serve as trustee for this Trust Account. Any required compensation for such service as trustee shall be paid by the developer. The instrument of trust for the Trust Account shall specify that when 10 or more lots are sold in the subdivision to lot owners other than the developer, then upon written request of a majority of such lot owners other than the developer, the trustee of the Trust Account shall pay over to or for the benefit of said lot owners, or any attorney designated by the said lot owners, up to the sum of $2,000 for the reasonable costs and expenses of a lawsuit or lawsuits to enforce any subdivision covenant and/or restriction which is not being enforced by the subdivision managers. Said sum shall be paid over to said persons only when the request for payment for said sum is accompanied by written proof that:
a.
Demand has been made upon the subdivision managers for the subdivision managers to sue to enforce such subdivision covenant or restriction, but that the subdivision managers have failed or refused to comply with such request, and;
b.
Formal written demand has been made upon the person(s) or entity(ies) allegedly not in compliance with the covenant or restriction, by which demand was made that such person(s) or entity(ies) come into compliance with the said covenant or restriction within a specified period of time, not less than 10 days in length, but that the said person or entity has failed to comply with the demand. This Trust Account shall automatically expire and unexpended sums remaining in the Trust Account shall be paid over to the subdivision managers at such time as all subdivision managers are elected by the lot owners who are not the developer.
B.
Applicability and non-applicability. This section shall pertain solely to subdivisions where a preliminary plat has been filed subsequent to January 1,2008. This section shall not apply to any condominium hereinafter established under the provisions of Chapter 448, RSMo.
C.
Plat approvals and building permits. No final plat of any part of any subdivision shall be approved by the City of Moscow Mills or the Planning and Zoning Commission unless the minimum requirements of this section are contained within the indenture of covenants and restrictions pertaining to such final plat. No Building Permit shall be issued to any developer by the City of Moscow Mills for improvements on a lot in the subdivision unless all of the provisions of this section are contained in the covenants and restrictions and developer is in full compliance with such covenants and restrictions. No other inquiry or demands shall be made as to the contents of any indenture of covenants and restrictions of any subdivision by the City of Moscow Mills, or the Planning and Zoning Commission, other than to insure compliance with the minimum requirements of this section.