The Crossing Pool Member Contract
The Crossing Pool Association Declaration
One-Page Summary (August 2011)
One-Page Summary (August 2011)
Purpose
This Declaration establishes The Crossing Pool Association, a Missouri not-for-profit corporation, to own, operate, and maintain the community swimming pool serving certain properties within The Crossing and The South Crossing subdivisions in Lee’s Summit, Missouri.
This Declaration establishes The Crossing Pool Association, a Missouri not-for-profit corporation, to own, operate, and maintain the community swimming pool serving certain properties within The Crossing and The South Crossing subdivisions in Lee’s Summit, Missouri.
Who Is Covered
- Only properties that voluntarily subject themselves to this Declaration are included.
- These properties make up the “District.”
- Owners of properties in the District are automatic members of the Pool Association.
- Properties not subject to the Declaration have no right to pool use, unless expressly approved by the Association.
- Membership runs with the property, not the individual owner.
- Only members who are current on assessments or required fees may use the pool.
- Developer-owned land is not assessed unless formally added, but future owners of that land may use the pool only by paying an annual fee set by the Association.
- The Pool Association has broad authority to:
- Manage and control the pool, pool land, and related property
- Set and enforce rules and regulations
- Levy and collect annual assessments and fees
- Purchase insurance
- Enter contracts, borrow money, and own or lease property
- Enforce the Declaration, including legal action and recovery of attorney fees
Assessments & Financial Obligations
- Each assessable property pays an annual assessment, due at the start of the Association’s fiscal year.
- The Association determines the annual budget and assessment amount.
- Failure to assess in one year does not eliminate future assessments.
- The Association may not spend more than the current year’s assessments plus any surplus, and generally cannot bind future years, except for utilities.
Nonpayment & Liens
- Unpaid assessments automatically become a lien on the property.
- Interest may accrue (up to 15% annually or the legal maximum).
- After 30 days delinquent, the Association may sue the owner and/or foreclose on the lien.
- Liens last up to five years unless legal action is taken.
Adding or Removing Properties
- The Developer may unilaterally add developer-owned land to the District.
- The Association may add other properties upon request.
- Once added, the property is fully bound by all terms of the Declaration.
Amendments
Changes to the Declaration require approval of 75% (three-fourths) of the land area within the District.
Amendments must be formally recorded with Jackson County.
Duration
- Initial term of 10 years.
- Automatically renews in additional 10-year periods (up to 40 years total) as long as the pool operates.
- After the first 10 years, termination requires 75% owner approval.
Key Takeaway
The Declaration creates a stand-alone pool association funded by mandatory assessments on participating properties. Pool access is strictly limited to members (or approved fee-paying non-members), and financial obligations are enforceable through property liens.
The Declaration creates a stand-alone pool association funded by mandatory assessments on participating properties. Pool access is strictly limited to members (or approved fee-paying non-members), and financial obligations are enforceable through property liens.