Lake Sherwood Estates Rules and Regulations

09/25/09

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The rules and regulations of the Lake Sherwood subdivision are codified by a set of indentures created in 1947 when the land was subdivided into the existing tracts and the homes were built.  We are not governed by a homeowner's association, but by three elected Trustees.

A copy of the original indentures can be viewed by clicking here.  (Adobe PDF Viewer required)

The pertinent information in the indentures is summarized below:

Land Location: US Survey 1920, Township 46 North, Range 6 East, recorded in the Recorder of Deeds Office of St. Louis County, Missouri in Book 2315, Page 305.

Original Trusteeship: September 4, 1947

Amendments: July 7, 1992 - Removed residence restrictions of race and religion.

Trustees: 

The current Trustees are Kent Funkhouser, Linda Miller, and Mike Kaberline.  Trustees are elected for a period of 5 years and can be re-elected without restriction.  Although the Trustee is not elected to an office, per se, the division of work has traditionally been divided in such a manner that each trustee acts as either chair, secretary, or treasurer. 

Requirements for a Trustee are only that he/she live in Saint Louis County.  The founders of the trusteeship did indicate that "It is the intention of this indenture that the government of [the property] be in the hands of Trustees each owning at least one site..."

The duties of the Trustees are to uphold the restrictions and requirements of the indenture.  All trusts created by the indenture, including all the rights, powers, duties and privileges imposed upon the Trustees shall be decided by the major part of them.  No Trustee shall be held personally liable for injury to persons or property by reason of any act or acts of commission or of omission by such Trustee, respectively or collectively.

Assessments: 

Assessments are used for maintaining the private streets, fence, entrances and common areas as described in the indentures.  The trustees have the responsibility to set the amount of assessment, and any special assessment as may be necessary, and bill the property owners.  The current annual assessment is $350/yr. per household.  The assessment is due and payable within 10 days from the due date printed on the assessment notice.  Failure to fully pay within the allotted time will cause  a charge or lien to be placed upon the property site or sites and shall continue in full force until the amounts are fully paid.  The indentures stipulate that an 8% annual interest be assessed on the unpaid balance.  The indentures further stipulate that any and all attorney fees for collection shall be paid by the site owner or owners in default. 

Occupancy Requirements:

All residency and occupancy requirements and restrictions of Overland, Missouri must be met

Only one family per residence is allowed. 

No garage or basement or other outbuilding can be used as a temporary or permanent residence.

No residential building site can be re-subdivided.

No residence shall be used directly or indirectly for business of any character or for any purpose other than that of an exclusive private residence.

Housing Construction and Remodeling: 

The trustees have the responsibility to review and approve or reject "all plans and/or specifications for the construction, reconstruction, addition to, or alteration of any building, fence, wall, or other structure of any kind, as well as plans and/or specifications for the location of the structure or structures on the site or sites and the grading and landscape treatment."  The indentures further require that "No work shall be started upon any of the above improvements until the plans and/or specifications for same shall have been submitted to and received the written approval of the Trustees."  The Trustees have the right to refuse to approve any such design which is not suitable or desirable.  The Trustees are required to approve or reject the plans and/or specifications within fifteen (15) days after they are received.  Should the Trustees fail to act within the 15 days after receiving the plans and/or specifications, the plans and/or specifications will be considered approved.

General considerations are:

  • The distance of any proposed structure from the front lot line

  • Only one residential building is permitted on each site

  • No building shall be over 2.5 stories in height

  • Garages and outbuildings must either be built in the residential building or attached to it directly or by means of a covered porch or breezeway.

  • All residences must have at least three full bedrooms.

  • All buildings, including garages and outbuildings, shall have exterior walls of brick, stone laid on its bed, concrete, cement on hollow block, or cement on metal laths.

  • No more than one family shall live in any residence

  • No residential building site can be re-subdivided.

  • No residence shall be used directly or indirectly for business of any character or for any purpose other than that of an exclusive private residence.

  • No trailer, tent, shack, barn, or other outbuilding is permitted on the property.

  • No basement or garage can be used as a residence, temporarily or permanently.

  • No temporary residences of any sort shall be permitted.

  • Fences are allowed only along the rear line of the site and the side lines of the site (except as excluded in the indentures).

Process of Changing Indentures:

The owners of the majority of the front feet of the building sites may terminate or amend the indentures at the end of every fifteen (15) years following the first thirty years.  A notice of agreement in writing of their intention to amend the indentures must filed for record in St. Louis County, Missouri at least five (5) years in advance to the expiration of the fifteen 15 year anniversary.

  • Indentures signed September 4, 1947

  • Possible revision intentions and dates:

    Revision Date:
     9/4/
    Intention must be filed by 9/4/
    1977 1972
    1992 1987
    2007 2002
    2022 2017
    2037 2032

     


     

     

 

 

 

 

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This site was last updated 09/25/09