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This is the 2010 Handbook.
For full clarification, members should use your handbooks.
DECLARATION OF AMENDED AND
RESTATED COVENANTS AND RESTRICTIONS
FOR THE VALKYRIE VALLEY SUBDIVISION
This declaration being executed by and on behalf
of Viking Valley Association, a not-for-profit corporation
governed under the provision of chapter 355 of the Statutes
of Missouri (“the Association”).
WHEREAS, the Association, as the assignee of
Lake Viking Corporation, was formed for purposes of serving
as a homeowners association for the residents of the
Valkyrie Valley Subdivision, a subdivision of land located
in Daviess County, Missouri (“the Subdivision”); and
WHEREAS, certain aspects of the terms of
operation, use and governance the Subdivision is presently
controlled and dictated according to that certain
DECLARATORY STATEMENT OF COVENANTS TO RUN WITH THE LAND
which is dated June 15, 1967 and is recorded in Book 182 at
Page 308 with the Recorder of Deeds for Daviess County,
Missouri (“the Recorder”), which was amended by a document
filed in Book 185 at page 54 with the Recorder and
thereafter, further amended by a document filed in Book 235
at Page 145 with the Recorder, such documents being
collectively referred to as the “Previous Declaration”; and
WHEREAS, according to its terms, the Previous
Declaration may be changed, altered, amended or revoked in
whole or in part by a vote of at least two-thirds of the
record owners of lots within the Subdivision; and
WHEREAS, this Declaration was presented by the
directors of the Association to the record owners of lots
within the Subdivision for approval; and
WHEREAS, this Declaration received the approval
of at least two-thirds of the record owners of lots within
the Subdivision, such approvals, and copies of such
approvals, being maintained at the primary business office
of the Association.
NOW, THEREFORE, BE IT KNOWN, that, excepting
certain unplatted areas which the Association may from time
to time set aside for special usage and/or future
development, and in so doing may specifically restrict, the
lots and property within the Subdivision shall be held,
transferred, sold, conveyed and occupied subject to the
terms and conditions set forth herein.
UTILITIES COVENANT
Sewage
disposal units or systems which are installed within the
Subdivision must be approved by the applicable governmental
agencies or bodies, including, but not necessarily limited
to, Missouri’s Department of Natural Resources or its
successor and such other bodies as deemed necessary and
appropriate by the Association. Once such systems are
established or installed, they shall be kept in good and
satisfactory operating condition and shall be subject to
periodic inspection as directed by the Association and/or
the aforementioned authorities.
In the
event some form of central or public or service public sewer
plant, system and related lines are subsequently required
and/or established, then the owner of each lot and each
sewer system agrees to be assessed and pay their fair and
equitable share of the system’s cost, such cost to be
allocated on a uniform basis throughout the Subdivision.
Each
lot owner agrees to abide by and comply with any and all
conditions and requirements imposed by parties, be they
public, private or governmental, which supply water service
to the Subdivision.
MEMBERSHIP COVENANT
The
owner of each lot covenants and agrees to maintain their
membership in good standing and the owner of each lot agrees
to abide by the By-Laws of the Association, as they may be
from time to time amended, and further agrees to pay the
Association an annual charge in the amount of $75.00,
payable on the first day of May of each year, so long as he
shall own property in the Subdivision. Five Dollars of the
first annual payment shall be a membership fee, the balance
of $70.00 and the succeeding $75.00 annual payments being a
reasonable, necessary and proportionate charge for the
maintenance, upkeep and operation of various areas and
facilities by the Association, regardless of whether or not
the privilege of using such areas or facilities is
exercised, and to further the purposes of the Association,
as stated in its Articles of Incorporation. The above
charge may not be increased except by vote of the owners of
the lot as provided herein. This covenant concerning said
real estate, and the enjoyment, use and benefit thereof,
shall be deemed to run with the land and the non-payment of
the annual charges shall, after the respective due dates,
together with any and all other costs or charges assessed
hereunder, together with related costs of enforcement of the
terms of this Declaration and cost of collection of
assessments, including attorneys’ fees, become the personal
obligation of the lot’s record owner (and joint and several
obligation if more than one owner) at the time of the
violation or, in the case of assessment, at the time it
falls due and shall also become a lien against the offending
lot in favor of the Association which shall be enforceable
by the Association. All unpaid assessments shall bear
interest at the rate of 12% per annum after their due date.
The membership of the Association may, from time to time,
amend its By-Laws, provided that no amendment shall be
permitted which expressly: (i) contravenes the terms and
conditions of this Declaration; or (ii) prohibits or unduly
frustrates the incorporation of all or part of the
Subdivision into a municipality. In all instances when any
of the Association’s Articles, By-Laws, Rules or Regulations
conflict with this Declaration, then this Declaration shall
control. The lien of assessments provided herein shall be
subordinated to the lien of a first deed of trust. However,
the sale or transfer of any lot pursuant to a first deed of
trust foreclosure, or any proceeding in lie thereof, shall
extinguish the lien of assessments which became due prior to
such sale but not those falling due subsequent thereto.
Notice to any owner shall be sufficient if placed in the
U.S. Mails, postage prepaid and addressed to an owner at his
address as maintained at the office of the Association or an
address found in the Daviess County Recorder of Deeds office
or Collector’s office. Notice shall be deemed delivered on
the third business day after mailing.
RESTRICTIONS
1) The
Lots shall be used exclusively for residential purposes,
except those Lots designated as business, commercial, or
“special use” areas on the plats of the Subdivision. No
lots may be subdivided.
2) All
building plans, including plans for additions or major
repairs, and type of materials must be approved by the
Association and must comply with any existing local building
codes, if any, in force at the time of construction.
3) Not
more than one single-family dwelling house may be erected or
constructed on any one lot. No building may be erected on
any lots prior to the erection of a dwelling house, except
hangars on lots designated as -S- lots or a boat house on
waterfront lots may be constructed upon receiving prior
written permission from the Association. No accessory,
basement or temporary building, including a boathouse, shall
be used or occupied as living quarters. No building shall be
constructed or erected on said lots unless built of solid or
permanent material. No unpainted exteriors shall be
permitted without permission of the Association. No mobile
homes, house trailers, tents, or other similar structures
shall be erected, moved on to, or placed upon an unimproved
lot, except in those specific areas which may be designated
for such use. No open basements or foundations shall remain
unenclosed without permanent sub-flooring. The exteriors of
all buildings and all additions or major repairs must be
completed within six months from the date construction
commences.
4)
Minimum residence living space on ground or first floor,
exclusive of porch area, shall be in conformity with the
letter symbol on each lot as set forth on the plat or plats
of the Subdivision, so that the minimum area for lots
classified “A” shall be 1200 square feet; the minimum for
Lots classified “B” shall be 1020 square feet; the minimum
for Lots classified “C” shall be 840 square feet; the
minimum for Lots classified “D” shall be 680 square feet;
the minimum for Lots classified “E” or bearing no classified
symbol shall be subject to individual determination by the
Association; the minimum residence living space on ground or
first floor may be diminished by established percentages for
certain types of construction involving second floor plans
including, but not limited to, “A” Frames and split levels,
provided that before construction is commenced written
permission and approval of plans is obtained from the
Association in accordance with current reduction schedules
then utilized. No porch or projection of any building shall
extend nearer than twenty-five (25) feet from any road
right-of-way; nor nearer than ten (10) feet from the side
property line; nor nearer than twenty (20) feet from the
rear line of any lot; nor within fifty (50) feet from the
normal water line as indicated on Plat for the Subdivision
without written permission of the Association. All
conditions of the Zoning Regulations of Daviess County,
Missouri, if any, must be complied with, provided that when
and/if such Zoning Regulations impose different restrictions
than this Declaration, whichever imposes the more
restrictive or imposes the higher standards shall control.
5) No
outside toilets shall be allowed. No waste shall be
permitted to enter Lake Viking and all sanitary arrangements
must be inspected and approved by local and/or state health
officers, and all buildings having plumbing facilities shall
be required to connect to central water and when and if
available, sewer systems. No individual drain field or
other disposal system shall be allowed nearer than fifty
(50) feet from the normal water mark of Lake Viking.
6) No
noxious or offensive activity shall be permitted on any lot,
nor shall anything be done thereon which shall be or become
an annoyance or nuisance to the neighborhood, and the
Association shall determine what constitutes noxious or
offensive activity and said determination shall be complete
and final. No animals or fowl shall be kept or maintained
on said lots except customary household pets in reasonable
numbers. No signs of any kind shall be displayed on any lot
without written permission of the Association. Failure to
mow lots at least three (3) times a year and to maintain
lots and improvements in a tidy manner will result in
maintenance of the lots by the Association, for which a
reasonable charge may be levied against the property owner
and shall become a lien on the applicable lot.
7) No
boat docks, floats or other structures extending into Lake
Viking shall be constructed or placed into or on said lake
without prior written approval of the Association. Use of
Lake Viking is limited to members of the Association, and
such use shall be in compliance with the rules and
regulations of said Association. The Association shall have
the use of Lake Viking for its corporate purposes.
8)
There shall be a reserved perpetual easement twenty (20)
feet in width along the entire shoreline of Lake Viking,
together with an easement fifteen (15) feet in width along
both sides of all road rights-of-way and an easement ten
(10) feet in width along the side and rear lines of each and
every lot, with the right of ingress and egress thereon for
the purpose of installing, operating, maintaining and
servicing all types of utilities and drainage ditches and
appurtenances thereto, together with the right to trim, cut
or remove any trees or brush necessary for the above
purposes. The owner of a lot shall have no cause of action
against the Association or its licensees, either at law or
in equity, by reason of any damage caused said lots in the
installation, operation or maintenance of above-mentioned
utilities except in cases of gross negligence. With the
Association’s prior written approval, the owner of two
abutting lots may construct improvements upon an easement
and thereby partially or totally vacate or relocate the
subject easement.
9) The
owners of all lots shall automatically become members of the
Association and they shall conduct themselves according to
the terms of the Association’s By-Laws.
10)
These Restrictions and Covenants run with the land, and
shall bind the owner of any lot, their heirs, executors,
administrators, personal representatives and assigns, and if
any of them shall violate or attempt to violate any of the
covenants or restrictions herein contained, it shall be
lawful for the Association or any person or corporation
owning any lot in the Subdivision to prosecute any
proceedings at law or in equity against those violating or
attempting to violate any such covenants or restrictions and
to prevent him, them or it from doing so, and/or to recover
damages for such violation. These Restrictions and Covenants
specifically and this Declaration in general may be enforced
in law or in equity and all costs of such enforcement,
including attorneys’ fees, shall be the personal obligation
of the offending party and a lien on the lot or lots owned
by the offending party. All of the restrictions,
conditions, covenants and agreements contained in this
Declaration shall continue until January 1, 2027 and shall,
unless terminated, continue on for consecutive terms of ten
(10) years each thereafter. This Declaration and its terms,
restrictions, conditions and covenants may be changed,
altered, amended or revoked in whole or in part by the vote
of two-thirds (2/3) majority of the record owners of lots
who cast their written ballot in a vote which is authorized
and called for by a two-thirds (2/3) vote of the
Association’s Board of Directors. Ballots for such votes
shall be mailed by certified, registered or similar mail to
the lot owners at their last known address as reflected in
the Association’s records, and if no such address is
reflected in the Association’s records, then to the most
current address for the owner of the lot which is found in
the Daviess County, Missouri, Recorder of Deeds’ office or
Collectors office. Only those written ballots which are
returned to the Association’s offices no later than forty
(40) days from their date of mailing shall be included in
the ballot and a two-thirds majority of the ballots as so
cast shall be required to pass an amendment. The
Association’s Board of Directors shall appoint five members
of the Association to supervise the balloting and evidence
of mailing and the ballots shall be retained by the
Association for five (5) years. Notwithstanding the
foregoing, no amendments shall be permitted which violate
the purposes set forth in Restrictions No. 1 and No. 8. Any
invalidation of any of these covenants and restrictions by a
court of competent jurisdiction shall in no way affect any
other of the provisions thereof, which shall thereafter
remain in full force and effect. Whenever the terms hereof
call for or permit a lien on a lot, then the Association may
assess an additional administrative charge for preparing and
filing such lien.
11)
Mobile homes shall be permitted on MH lots only. Minimum
requirements 400 sq. ft. living area. No units over 5 years
old will be approved. All units must be skirted within
ninety (90) days after placing. A picture and plan of
mobile unit, lot and septic system showing location on lot
must be submitted to the Association or its designee and to
all applicable governmental or quasi-governmental bodies,
including but not limited to Missouri Department of Natural
Resources or its successors prior to its installation.
12)
Whenever provision is made in this Declaration for a vote of
the owners, then regardless of the number of owners, only
one vote per lot shall be permitted and any lot owner that
is not in good standing with the Association and current on
all dues and assessments thirty (30) days prior to the date
ballots are mailed, shall not be permitted to vote or
provided a ballot for purposes of casting a vote.
VIKING VALLEY ASSOCIATION
BY-LAWS
The
following shall be the By-Laws of Viking Valley Association,
a Not-For-Profit Corporation organized under the Corporation
Law of the State of Missouri, and hereinafter called the
“Association”, and, as such, the Corporation shall abide by
the Missouri State Statutes Not-For-Profit Corporation Law,
Chapter 355 (a copy of which is in the Association office).
These By-Laws should be read in concert with the Declaration
(as such term is defined herein) as the Declaration was
amended by the AMENDMENT AND EXTENSION OF THE DECLARATORY
STATEMENT OF COVENANTS TO RUN WITH THE LAND OF AND FOR THE
VALKYRIE VALLEY SUBDIVISION to which was attached as
“Exhibit B” the DECLARATION OF AMENDED AND RESTATED
COVENANTS AND RESTRICTIONS FOR THE VALKYRIE VALLEY
SUBDIVISION all of which being recorded at Book 325, Page
181 with the Daviess County Recorder of Deeds Offices;
however, when the terms of these By-Laws or any Rules or
Regulations established hereunder conflict with the
Declaration, then the Declaration shall control.
PREAMBLE TO BY-LAWS
Section 1. Adoption: Adoption of the By-Laws has been
adopted at a duly called meeting of the Active Members
according to the requirements of the By-Laws in effect at
the time of their adoption. These By-Laws may be altered,
amended or repealed and new By-Laws may be adopted by a
majority of Active Members who are current in the payment of
all Dues and all other charges, fees and assessments as
provided for under ARTICLE IV and who have satisfied all
monetary obligations imposed upon such member under ARTICLE
XIV, attending a special or regular meeting. A notice must
be sent to all Active Members at least ten (10) days prior
to the meeting, notifying such members that a contemplated
change in the By-Laws will be voted on in said meeting.
Such notice shall set forth the changes as are contemplated
or proposed.
Section 2. Definitions: Unless the text and usage clearly
indicate otherwise, the following words and terms when
bearing initial capitals shall have the following meanings
and whenever necessary to the meaning of any provision the
singular shall include the plural and the masculine shall
include the feminine:
(a)"Corporation"
and “Association” are interchangeable terms and refer to
Viking Valley Association.
(b) Any and all “Notice” hereunder shall be good and
sufficient if personally delivered or if mailed by
certified, registered or regular U.S. Mail, postage
prepaid, to the Members at their last known address as
reflected in the Association’s records, and if no such
address is reflected in the Association’s records or if
the address listed has proven to be stale, then to the
most current address for the Member which is found in
either the Daviess County, Missouri, Recorder of Deeds’
office or Collector’s office. If mailed, the notice
shall be deemed to be delivered when deposited in the
mails with required postage attached.
(c) "the Declaration" shall mean and refer to that
certain DECLARATORY STATEMENT OF COVENANTS TO RUN WITH
THE LAND which was recorded with the Daviess County
Recorder of Deeds’ Office on or about June 15, 1967, at
Book 182, Page 308 as it was thereafter from time to
time amended, extended and restated, including the
extensions and amendments by the AMENDMENT AND EXTENSION
OF THE DECLARATORY STATEMENT OF COVENANTS TO RUN WITH
THE LAND OF AND FOR THE VALKYRIE VALLEY SUBDIVISION to
which document was attached as “Exhibit B” the
DECLARATION OF AMENDED AND RESTATED COVENANTS AND
RESTRICTIONS FOR THE VALKYRIE VALLEY SUBDIVISION all of
which being recorded at Book 325, Page 181 with the
Daviess County, Missouri, Record of Deeds.
(d) "State" shall be the state of Missouri.
(e) "Recorder" shall mean the Recorder of Deeds for
Daviess County, Missouri.
(f) The word “Director” shall mean a person who holds a
position on the Board of Directors.
(g) "By-Laws" shall mean these By-Laws.
(h) "Board Officers" shall mean Board Directors with
specific duties such as President, Secretary, Treasurer,
etc., as determined by the Board of Directors, who are
elected by the Association Members at the annual
meeting.
(i)
"Rules and Regulations" shall be the Rules and
Regulations adopted by the Board of Directors.
(j) "Subdivision" shall mean the Valkyrie Valley
Subdivision.
ARTICLE I -- CLASSES OF
MEMBERSHIP
Section 1. Classes of Members: The Corporation shall
have four classes of members:
A.
Active Members: The qualifications of Active Members
shall be that each member be the record owner of a lot or
tract of land located in Valkyrie Valley Subdivision, or any
addition thereto, including any person who has contracted
for the purchase thereof, provided that said person meets
the requirements set forth in the By-Laws and/or rules and
regulations which may be adopted. The term “person” shall
include any person, firm or corporation.
In the
case of a married couple being the Active Member, then all
privileges shall be extended to his/her immediate family.
The word “family” shall be interpreted to mean the
wife/husband, if living at home, and all unmarried children
under 21 years of age who still reside in the home of such
Active Member.
Where
two or more families jointly own a single lot, each family
must apply for individual memberships and each pay a
membership fee and annual charge and assessments.
Where
two single persons jointly own a lot, there shall be two
membership fees and separate annual charges and assessments,
except by special exception voted upon by the Board of
Directors.
Company/Corporate Memberships are available at the same cost
and basis as an Active Membership. One of the company’s
officers shall be designated as the Active Member.
A
Company/Corporate membership may be transferred to another
individual of the same firm for a transfer fee of Fifty
Dollars ($50). The individual in whose name such membership
is being transferred to must be approved in the same manner
as an Active Membership as provided in the By-Laws.
Irrespective of any other provisions herein, only one vote
shall be permitted for each lot.
B.
Associate Members: Sons or daughters of Active Members,
who are over 21 years of age, unmarried and residing at the
home of an Active Member, shall qualify as Associate
Members. Upon the payment of one-half the regular annual
fees established by the Association, they may enjoy all the
benefits of the Association, except they shall have no
voting rights. Applications must be presented by Active
Members.
C.
Temporary Associate Memberships: Renters or lessees of
any dwellings shall apply for Temporary Associate
Memberships under the conditions as set forth by these
By-Laws, under Dwelling Rentals (see Article XI). Temporary
Associate Members shall have no voting rights.
D.
Honorary Memberships: Honorary Memberships, if any,
will be available as may be determined from time to time by
a Resolution of the Board of Directors. Honorary Members
shall have no voting rights.
Section 2. Effect of Non-Payment of Dues, Fees and
Assessments: Only Active Members who are current on all
fees, Dues, charges and assessments, and whose voting rights
have not otherwise been temporarily revoked, shall be deemed
to be in good standing and may vote in matters relating to
the Association. The “current” status of any member under
this sub-Section shall be determined as of 45 days prior to
the date of a meeting at which a vote may be cast by the
Active Member. Further, the rights and privileges granted
to use the Association’s common areas and recreational
facilities, including, but not limited to, those rights
provided for, discussed and granted in ARTICLE III hereof,
shall be suspended during any period during which a Member
is not current on payment of all fees, Dues, charges and
assessments. In the event one lot has multiple owners, then
all owners of such lot must be current or the voting rights
and use privileges attributed to such lot shall be
suspended.
ARTICLE II -- VOTING RIGHTS
Section 1. In General: The full voting power shall be
vested in the Active Members who are current in the payment
of all Dues and all other charges, fees and assessments as
provided for under ARTICLE IV and who have satisfied all
monetary obligations imposed upon such member under ARTICLE
XIV. The Temporary Associate Members, Associate Members,
Honorary Members or any other members shall not be entitled
to vote and they shall not be entitled to receive notice of
any meeting or to participate therein, unless the Board of
Directors specifically authorizes such party by name to have
privileges of an Active Member or to receive notice for the
purposes of requesting his or their attendance at meetings.
Any Active Member who holds an ownership interest in more
than one lot shall not be entitled to more than one vote by
virtue of the ownership of two or more lots.
Section 2. Ownership and Voting Rights: Except as may
otherwise be required by law or by the Certificate of
Incorporation, or by these By-Laws, any right of voting
members to vote, and any right, title and interest of any
member of any class in and/or to the Association and its
properties and its franchises, shall cease and divest upon
termination of his or her membership.
Section 3. Manner of Acting: The membership of the
Association shall take action by a vote of a majority of its
Active Members who are current in the payment of all Dues
and all other charges, fees and assessments as provided for
under ARTICLE IV and who have satisfied all monetary
obligations imposed upon such member under ARTICLE XIV
(except where more than a majority is required elsewhere in
these By-Laws) present at duly convened annual or special
meeting of the Members.
ARTICLE III -- RIGHTS AND
PRIVILEGES
Section 1. Privileges: Subject to such reasonable
Rules and Regulations as may be adopted pursuant to these
By-Laws, each Active Member, and as provided herein
Associate Members, and Temporary Associate Members, shall
have the right and privilege to the use of Lake Viking, the
boat ramp and public or community areas owned and controlled
by the Association. Members shall be responsible for
compliance of such Rules and Regulations by members, their
families and guests.
Section 2. Suspension of Privilege: Violation of any
of the Rules and Regulations, as referred to herein, may, in
the discretion of the Association’s Board of Directors or
any committee to which the Board has delegated such duties,
result in the suspension of privileges either temporarily or
permanently. Suspension of any recreation and/or lake
privileges shall not however, deny an Active Member the
right to vote or attend the Association meetings unless
specifically stated by the Association’s Board of
Directors. However any member who is not current in the
payment of all Dues and all other charges, fees and
assessments provided for under ARTICLE IV or has not
satisfied all monetary obligations imposed under ARTICLE XIV
shall have the privileges granted under this ARTICLE
suspended.
ARTICLE IV -- ANNUAL
CHARGES, ASSESSMENTS AND OTHER FEES
Section 1. Annual Charges: The Declaration in its
Membership Covenant provides for a $75.00 annual charge
which is sometimes referred herein as “Dues”. These Dues
shall be established, collected and increased or decreased
as provided in the Declaration.
Section 2. Special Assessments: If authorized by a
majority vote of the Active Members who are current in the
payment of all Dues and all other charges, fees and
assessments as provided for under ARTICLE IV and who have
satisfied all monetary obligations imposed upon such member
under ARTICLE XIV at any meeting of the Association, Special
Assessments may be authorized by the Board of Directors for
new improvements, purchase of new equipment, making
additions to present facilities or equipment, for projects
or purposes necessary for the proper upkeep of the Lake in
its original status or condition, and for any other purpose
so authorized. Special Assessments shall not be used to pay
expenses or to make disbursements of the type and nature
typically paid out of or from Dues. Special Assessments
shall be in addition to Dues.
Section 3. Special Lake Assessments: If authorized by
a majority vote of the Active Members who are current in the
payment of all Dues and all other charges, fees and
assessments as provided for under ARTICLE IV and who have
satisfied all monetary obligations imposed upon such member
under ARTICLE XIV at any meeting of the Association Members,
Special Lake Assessments may be authorized by the Board of
Directors for purposes of dredging operations, shoreline
erosion control, dam maintenance and associated payroll.
Special Lake Assessments shall not be used to pay expenses
or make disbursements of the type and nature paid out of or
from Dues. Special Lake Assessments shall be in addition to
Dues.
Section 4. Special Road Assessments: If authorized by
a majority vote of the Active Members who are current in the
payment of all Dues and all other charges, fees and
assessments as provided for under ARTICLE IV and who have
satisfied all monetary obligations imposed upon such member
under ARTICLE XIV at any meeting of the Association, Special
Road Assessements may be authorized by the Board of
Directors for general road repair and maintenance, including
but not limited to: patching, chip & seal, signage repair
and snow removal. Special Road Assessments shall not be
used to pay expenses or make disbursements of the type and
nature paid out of or from Dues.
Section 5: Multi-lot fee: If authorized by a majority
vote of the Active Members who are current in the payment of
all Dues and all other charges, fees and Assessments as
provided under ARTICLE IV and who have satisfied all
monetary obligations imposed upon such member under ARTICLE
XIV at any meeting of the Association, Multi-Lot Fees may be
authorized by the board of directors for those members
owning more than one lot. Multi-Lot Owners shall pay a
Multi-Lot Fee on each lot owned after the first lot on
record.
Section 6 Obligation: All Dues, fees, charges and
assessments shall be due and payable regardless of whether
or not the respective or various privileges granted herein
are exercised.
Section 7 Refunds: Except by special action and vote by
the Board of Directors to the contrary, no refunds of Dues,
fees, assessments or charges will be made by this
Association to any member who has or will resign.
Section 8. Non-Payment Penalties and Interest: Any
payment of Dues, assessments or other charges received more
than ten (10) days after the due date may be deemed a late
payment and a penalty may be assessed against the member
responsible for payment in the amount of Twenty Dollars
($20.00). In addition to the late payment penalty, when any
payment of Dues, assessments, fees or other charges has not
been received within sixty (60) days of the due date, the
account shall bear interest at the rate of one percent
(1.0%) per month, compounded monthly, until paid.
Section 9 Board Authority to Collect Past Due Obligations:
When any payment of Dues, assessments, fees or other charges
becomes ninety (90) days past due, the member responsible
for payment of the delinquent account shall be sent written
notice that if the delinquent Dues, assessments, fees or
other charges plus any late payment penalties and interest
accrued thereon, are not paid in full within thirty (30)
days of the date of the written notice, then a majority of
the Board of Directors shall have the authority to authorize
the Association to initiate legal proceedings to collect the
outstanding obligation and all costs of collection,
including attorneys’ fees and an administrative charge of
One Hundred Fifty Dollars ($150.00).
Section 10. Lien of Assessment and Other Charges: The
Dues, assessment, fees and any and all other charges,
including related collection costs and the enforcement costs
of the terms and conditions imposed by the Association, its
By-Laws, Rules and Regulations, and any and all obligations,
rules or regulations imposed by the Declaration, attorneys’
fees, administrative fees, late charges and interest, shall
be lien against the applicable members lot or lots, shall be
the personal obligation of the owner of the non-paying,
delinquent or offending lot (and a joint and several
obligation if more than one owner) at the time of the first
occurrence of the violation or, in the case of an assessment
or Dues, at the date at which it first falls due.
Irrespective of whether or not collection actions or
litigation has been initiated, the Association may place of
record with the Daviess County Recorder of Deeds a
certificate of any unpaid or outstanding charge, lien, cost,
administrative charge or assessment, such certificate to be
in a form reasonably approved by counsel for the
Association. The lien of assessments and any and all other
Dues, costs and charges provided herein shall be
subordinated to the lien of a first deed of trust. However,
the sale or transfer of any lot pursuant to a first deed of
trust foreclosure, or any proceeding in lieu thereof, shall
extinguish the lien of assessments which became due prior to
such sale but not those falling due subsequent thereto.
Notice to any owner shall be sufficient if made as required
hereunder.
ARTICLE V -- OFFICES AND
RECORDS
Section 1. Registered Office and Registered Agent: The
location of the registered office and the name of the
registered agent of the Association in the State of Missouri
shall be such as shall be determined from time to time by
the Board of Directors and on file in the appropriate office
of the State of Missouri, pursuant to applicable provisions
of the law.
Section 2. (A) Records: The Association shall keep at
its registered office, or principal place of business, in
Missouri, original or duplicate books in which shall be
recorded the number of its membership, the names of its
members, the classes of memberships held by the respective
members, the amount of its assets and liabilities, the names
and places of residence of its officers and, from time to
time, such other additional records, statements, lists and
information as may be required by law, including the
membership voting lists mentioned hereafter in these
By-Laws.
(B) Inspection of Records: An Active Member shall be
entitled to inspect the records of the Association pursuant
to any statutory or legal right, shall be privileged to
inspect such records only during the usual and customary
hours of business and in such manner as will not unduly
interfere with the regular conduct of the business of the
Association.
Section 3. Seal: The corporate seal shall have
inscribed thereon, the name of the Association and the words
“Corporate Seal - Missouri.” Said seal may be used by
causing it, or a facsimile thereof, to be impressed or
affixed or in any manner
reproduced.
ARTICLE VI -- ANNUAL
MEETING OF MEMBERS OF THE ASSOCIATION
Section 1. Annual Meetings: The annual meeting of the
Active Members who are current in the payment of all Dues
and all other charges, fees and assessments as provided for
under ARTICLE IV and who have satisfied all monetary
obligations imposed upon such member under ARTICLE XIV,
commencing with the year 1970, shall be held at the
principal office of the Association, or at such other place
within Daviess County, Missouri, as may be determined by the
Board of Directors, and shall be designated in the notice of
said meeting, on the first Sunday in the month of March of
each year (or if said day be a legal holiday, then on the
next succeeding day not a legal holiday) at 2:00 p.m., for
the purpose of electing Directors and for the transaction of
such other business as may be properly brought before the
meeting. At the annual meeting, the Directors shall report
on the financial statement of the income and expenses for
the preceding year and the proposed budget for the current
fiscal year. A copy of the above reports shall be mailed to
each Active Member at least ten (10) days prior to the
annual meeting.
Section 2. Special Meetings: Special meetings of the
Active Members may be called by the President, a majority of
the Board of Directors or by ten percent (10%) of the Active
Members who are current in the payment of all Dues and all
other charges, fees and assessments as provided for under
ARTICLE IV and who have satisfied all monetary obligations
imposed upon such member under ARTICLE XIV. Any call of a
special meeting by such Active Members shall be in writing,
signed by the Members calling such meeting and delivered to
the Secretary of the Association. Such request shall set
forth the purpose for which the special meeting is being
called.
Section 3. Notice of Meetings: Notice of all meetings
stating the place, day and hour of any such meeting of
members shall be delivered, either personally or by mail, to
the member not less than ten (10), nor more than forty (40)
days prior to the meeting, by, or at the direction of the
President, Secretary, Officers or persons calling the
meeting in such manner and to such addresses as elsewhere
provided herein. In case of a special meeting, or when
required by Statute or these By-Laws, the purpose for which
the meeting is called shall be stated in the notice.
Section 5. Quorum: Fifteen (15) Active Members who
are current in the payment of all Dues and all other
charges, fees and assessments as provided for under ARTICLE
IV and who have satisfied all monetary obligations imposed
upon such member under ARTICLE XIV shall constitute a quorum
for the purpose of doing business. If a quorum is not
present at any meeting of members, a majority of the members
present may adjourn the meeting from time to time, without
further notice.
Section 6. Proxies: At any meeting of members, an
Active Member entitled to vote must vote in person and no
proxies shall be permitted.
ARTICLE VII -- BOARD OF
DIRECTORS
Section 1. Authority. The Board of Directors shall
have control of the affairs of the Corporation. Effective
with the Annual Meeting on March 3, 2002, the Board shall
consist of seven Directors. All must be Active Members who
are current in the payment of all Dues and all other
charges, fees and assessments as provided for under ARTICLE
IV and who have satisfied all monetary obligations imposed
upon such member under ARTICLE XIV who are eligible to vote
in the Association’s business matters as of the time they
are elected to office.
The
Board shall be divided into two classes of two (2)
Directors, each, and one class of three (3) Directors.
Terms of office shall be for three (3) years. At each
Annual Meeting, depending on the number of vacancies, either
two (2) Directors or three (3) Directors shall be elected to
succeed the Directors whose terms expire. Directors shall
take office within twenty-four (24) hours after election.
Cumulative voting shall not be permitted in the election of
Directors.
Section 2. Regular Meetings: A regular meeting of the
Board of Directors shall be held without other notice than
this By-Law, immediately after, and at the same place as,
the Annual Meeting of the members. The Board of Directors
may provide by Resolution, the time and place for holding of
additional regular meetings of the Board without other
notice than such Resolution. All regular meetings of the
Board shall be open to Active Members.
Section 3. Special Meetings: Special meetings of the
Board of Directors may be called by the President or by any
four Directors of the Board. Those authorized to call
special meetings may fix any place within Daviess County,
Missouri. All special meetings shall be open to Active
Members.
Section 4. Notice: Notice of any special meeting of
the Board of Directors shall be given at least five (5) days
previous thereto. Notice to Directors may be given
personally, by mail or telefax at an address or telefax
numbers designated by the respective Director or by
telephone. Any Director may waive notice of any meeting and
the attendance of any Director at any meeting shall
constitute a waiver except where the Director attends for
the express purpose of objecting to the transacting of
business because the meeting is not lawfully called or
convened. Neither the business to be transacted, nor the
purpose of any regular or special meeting need be specified
in the notice or waiver of notice unless specifically
required by law or these By-Laws.
Section 5. Quorum: A majority of the Board of
Directors shall constitute a quorum for the transaction of
business at any meeting of the Board, provided that if less
than majority of the Directors are present at said meeting,
a majority of the Directors present may adjourn the meeting
from time to time, without further notice.
Section 6. Manner of Acting: The act of a majority of
the Directors present at a meeting at which a quorum is
present, shall be the act of the Board of Directors, except
where otherwise provided by law or by these By-Laws.
Section 7. Vacancies: When a vacancy occurs on the
Board of Directors, the board candidate who received the
next highest number of votes of Association members at the
last Annual Meeting shall immediately fill the board vacancy
at the next regular/special meeting and shall serve for the
unexpired term of his/her predecessor and, if no such
candidate exists or that candidate does not accept
appointment, then the Board shall select a successor. In
the event that any Director shall miss three consecutive
Board meetings, or four meetings between Annual meetings,
that Director shall be deemed to have forfeited his/her
office and a vacancy shall be declared by the remaining
Board, at its discretion.
Section 8. Compensation: Directors as such shall not
receive any stated salaries for their services, but by
Resolution of the Board of Directors, a fixed sum and
expenses of attendance, if any, may be allowed for
attendance at each regular or special meeting of the Board,
provided that nothing herein contained shall be construed to
preclude any Director from serving the Corporation in any
other capacity and receiving compensation therefore.
Section 9. Removal of Director(s): A Board Member may
be removed from the Board of Directors by the following
procedure:
(A.)
No Confidence Vote and Resignation: At a regular scheduled
meeting of the Board of Directors, a Board Member believed
to be unfit for further Board service may be asked to resign
by a No Confidence Vote by the Board of Directors. All
Board Members may vote and a simple majority shall be
required to achieve a No Confidence status for the Board
Member. If a No Confidence status is achieved, the Board of
Directors may then request the Board Member to resign. If
the Board Member resigns after the No Confidence vote, a
vacancy shall be declared and the position filled by the
Board of Directors.
(B.)
Removal by Membership: If the Board member does not resign
after the No Confidence vote, the Board of Directors may
call for a vote by the Members at an annual or special
meeting to remove the Board Member. The meeting notice
shall include the reasons for requesting the removal of the
Board Member. The Board Member shall receive notice of the
meeting 10 days before the meeting and shall be given the
opportunity to appear at the meeting and defend his/her
actions. A vote shall then be called and a simple majority
vote of the Active Members who are current in the payment of
all Dues and all other charges, fees and assessments as
provided for under ARTICLE IV and who have satisfied all
monetary obligations imposed upon such member under ARTICLE
XIV in attendance is required to remove the Board Member.
If the Board Member is not removed by the vote, he/she may
continue on the Board of Directors until his/her term ends.
If the Board Member is removed, or resigns after the vote,
the position shall be filled by a membership vote if the
removal is at an annual meeting and candidates are available
to fill the position after regular vacant positions are
filled. If sufficient candidates are not available or the
removal is at a special meeting, the Board of Directors
shall fill the position as required elsewhere in the
By-Laws.
ARTICLE VIII -- COMMITTEES
The
Board shall have the right to appoint such other Special
Committees as they feel necessary. The Board of Directors
will appoint the following Standing Committees. Unless
otherwise stated, all members of committees must be Active
Members who are current in the payment of all Dues and all
other charges, fees and assessments as provided for under
ARTICLE IV and who have satisfied all monetary obligations
imposed upon such member under ARTICLE XIV.
Section 1. Budget Committee: This Committee shall be
made up of at least three (3) Board members and the Lake
Manager as a non-voting member. The responsibility of the
Committee shall be to approve and monitor the Association
finances for the current year and to set a budget for the
coming year. The Lake Manager shall present a projection of
needed capital expenditures. The Committee shall meet no
later than December 15th with a budget ready for approval no
later than the February Board meeting. The minutes of each
meeting shall be recorded.
Section 2. Building Committee: Consisting of not less
than three (3) Active Members, it shall be the
responsibility of this Committee to examine, for approval,
all construction plans, including, but not limited to,
residences, docks or other structures and to approve or
disapprove requests for the variances or changes permissible
under the Declaration. Approval or disapproval shall be by
majority vote. In case of disapproval, the applicant shall
have the right of appeal of denial of his application to the
Board of Directors. The minutes of each meeting shall be
recorded.
Section 3. Cemetery Committee: This Committee shall
consist of not less than three (3) Active Members. This
Committee shall meet at least twice a year with the first
meeting being held by the 10th of February and the second
one approximately six months later. It shall be the
responsibility of this Committee to supervise the
maintenance, selling of plots, layout of plots and markers
at the cemetery. The minutes of each meeting shall be
recorded.
Section 4. Infraction Committee: The Board of
Directors shall appoint an “Infraction Committee” which
shall have the duty and authority to hear complaints brought
against any member or person for infraction or violation of
any of these By-Laws or Rules and Regulations of the
Association. It shall be composed of not less than three
(3) nor more than seven (7)Active Members, at the discretion
of the Board of Directors. The duties and authority of this
Committee are set out in Article XIV of these By-Laws. The
minutes of each meeting shall be recorded.
Section 5. Lake Committee: This Committee shall
consist of not less than three (3) Active Members. It shall
be the responsibility of this Committee to hold at least two
inspections of all lake properties, with the first
inspection prior to May 1st of each year. The Committee
shall enforce Restriction 6 of the Declaration; notify the
property owner of all deficiencies and monitor until
corrected. The minutes of each meeting shall be recorded.
Section 6. Nominating Committee: An Active Member of
the Board of Directors shall be the chairperson and shall
select a minimum of three (3) Active Members to form the
Committee. The Committee shall nominate a minimum of two
(2) Active Members who are current in the payment of all
Dues and all other charges, fees and assessments as provided
for under ARTICLE IV and who have satisfied all monetary
obligations imposed upon such member under ARTICLE XIV per
Association Board of Directors vacancy, to be voted on at
the annual meeting. It shall not be necessary that the
candidates selected by the Nominating Committee be approved
by the Board of Directors. The minutes of each meeting
shall be recorded. This procedure and the submission of
nominations by the Board shall not preclude nominations from
the floor at meetings of the membership.
Section 7. Handbook Committee: This Committee shall
consist of not less than three (3) Active Members. It shall
be the responsibility of the Handbook Committee to clarify,
record and make recommendations so the handbook is a
complete and comprehensive guidebook to which the members,
staff and board directors can refer.
Section 8. Strategic Long Range Planning Committee:
This Committee shall consist of not less than three (3)
Active Members. It shall be the responsibility of the
Strategic Long Range Planning Committee to make
recommendations for the long range growth of the
Association. The minutes of each meeting shall be recorded.
Section 9. Campground: This Committee shall consist of
not less than three (3) Active Members. It shall be the
responsibility of the Campground Committee to submit
recommendations for campground improvements and concerns to
the Board of Directors.
ARTICLE IX -- BOARD
OFFICERS
Section 1. Officers: The Board officers shall be
selected from its members and shall be a President, one or
more Vice Presidents, a Treasurer, a Secretary and such
other officers as may be elected in accordance with the
provisions of this Article. The Board of Directors may
elect or appoint such other officers, including one or
more: Vice Presidents, Assistant Secretaries, and Assistant
Treasurers, from among the Directors elected at the Annual
Meeting. Any two or more offices may be held by the same
person, except the offices of President and Secretary.
Section 2. Election and Term of Office: The officers
of the Corporation shall be elected annually by the Board of
Directors at the regular annual meeting of the Board of
Directors. If the election of officers shall not be held at
such meeting, such election shall be held as soon thereafter
as conveniently may be. Vacancies may be filled or new
offices created and filled at any meeting of the Board of
Directors. Each officer shall hold office until his
successor shall have been duly elected and shall have
qualified.
Section 3. Removal: The appointment or election of any
officer or agent may be revoked by the Board of Directors
whenever, in its judgment, the best interests of the
Corporation would be served thereby, but such removal shall
be without prejudice to the contract rights, if any, of the
person so removed.
Section 4. Vacancies: A vacancy in any office because
of death, resignation, removal, disqualification, or
otherwise, may be filled by the Board of Directors for the
unexpired portion of the term.
Section 5. Powers: The officers of the Corporation
shall each have such powers and duties as generally pertain
to their respective offices, as well as such powers and
duties as may, from time to time, be conferred by the Board
of Directors.
ARTICLE X -- FISCAL YEAR
The
fiscal year of the corporation shall begin on the first day
of January and end the last day of December in each year.
ARTICLE XI -- DWELLING
RENTALS
Section 1. Temporary Associate Member: Members who rent
their private dwellings on a permanent basis shall have
their tenant apply for Temporary Associate Membership as
provided in these By-Laws and, if accepted, will pay a
Seventy-Five Dollar ($75.00) per year charge or such other
charge as directed by the Board of Directors. Any rental or
use of a dwelling in excess of eighteen (18) days by other
than the member shall be considered permanent for purposes
of this Article.
ARTICLE XII -- CONTRACTS,
CHECKS, DEPOSITS AND FUNDS
Section 1. Contracts: The Board of Directors may
authorize any officer or officers, agent or agents of the
Corporation, in addition to the officers so authorized by
these By-Laws to enter into any contract or execute and
deliver any instrument in the name of, and on behalf of, the
Corporation and such authority may be general or confined to
specific instances.
Section 2. Checks, Drafts, etc.: All checks, drafts,
or other orders for the payment of money, notes or other
evidences of indebtedness issued in the name of the
Corporation, shall be signed by such officer or officers,
agent or agents of the Corporation and in such manner as
shall, from time to time, be determined by Resolution of the
Board of Directors. In the absence of such determination by
the Board of Directors, such instruments shall be signed by
the Treasurer or an Assistant Treasurer and be countersigned
by the President or Vice President of the Corporation.
Section 3. Deposits: All funds of the Corporation
shall be deposited from time to time, to the credit of the
Corporation, in such bank, trust companies or other
depositories as the Board of Directors may select.
Section 4. Gifts: The Board of Directors may accept on
behalf of the Corporation any contribution, gift, bequest,
or devise for the general purposes or for any special
purpose of the Corporation.
ARTICLE XIII --
MISCELLANEOUS BY-LAWS
Section 1. Transfer of Ownership: Upon transfer of
title of any property at Lake Viking, the new purchaser must
apply for, and be accepted as, a member of the Association.
No transfer of property shall operate to relieve the
transferor, or the premises transferred, from any liability
or obligations due and owing the Association or otherwise
incidental to the membership, which has accrued prior to the
date of transfer. The rights of any member shall terminate
upon the recording of the deed transferring the property
with the Recorder.
Section 2. Personal Liability: The private property of
any member of the Association shall be exempt from liability
for the debts of this Association, and no member shall be
individually liable or responsible for any debts or
liabilities of the Association by virtue of his membership
therein.
Section 3. Rules of Order: The annual meeting of the
Active Members shall be conducted pursuant to the provisions
of the latest revised edition of Robert’s Rules of Order,
except if said rules conflict with the Association Articles
of Incorporation, By-Laws or the Missouri Not-For-Profit
Corporation Law.
ARTICLE XIV -- ENFORCEMENT
Section 1. Enforcement: These By-Laws and Rules and
Regulations as propounded from time to time by the Board of
Directors pursuant hereto, shall be enforced by the Board of
Directors of this Association directly or acting through its
officers and agents, including the Security Patrol and
others to whom enforcement responsibility shall be delegated
by the Board.
Section 2. Rules and Regulations: The Board of
Directors shall have the right from time to time to adopt
Rules and Regulations having to do with and governing
membership and user identification, animal control, building
and construction approval and specifications in general and
related permitting fees, fishing and water craft use within
the Subdivision, camping and campground use, club house use,
property maintenance, use of the Association’s swimming
pool(s), traffic and auto operation and use, trash service
and the use, operation and maintenance of any and all
property owned by the Association or within the boundaries
of the Subdivision. The Board shall also establish a list
of the actions which may be taken upon the violation of the
Rules and Regulations. All such Rules and Regulations
presently in Viking Valley Association’s current handbook
are hereby adopted. Any subsequent Rule or Regulation shall
become effective ten (10) days after it is adopted by the
Board of Directors.
Section 3. Security Patrol: The Board of Directors
shall appoint one or more parties to a Security Patrol who
shall be commissioned to enforce the Rules and Regulations.
By such appointment and commission, the Board of Directors
shall not terminate by delegation its rights to enforce the
Rules and Regulations, which rights shall be jointly held by
the Board of Directors and the Security Patrol.
Section 4. Infraction: The Security Patrol, shall have
the responsibility to issue written notices of violations of
the Rules and Regulations (“Violation Notice”). The
Infraction Committee shall hold public hearings at regular
intervals to hear and consider facts and circumstances as
presented by both the alleged violator and member of the
Security Patrol who issued the Violation Notice and
determine whether or not the violation stated in the
Violation Notice occurred and, if so, to set the punishment
for each violation. The Infraction Committee shall have
authority to impose such penalties as may be deemed just and
proper upon those member and persons which it finds in
violation or have committed infractions of said Rules and
Regulations or By-Laws which may include the levy of a fine
not to exceed $500 per infraction, the suspension of
Association and facility privileges and use and the payment
of expenses incurred by the Association in connection
therewith. The actions taken by the Infraction Committee
may, by notice given to the Board of Directors within thirty
(30) days of the date final action is taken by the
Infraction Committee, be appealed to the Board of Directors,
and such appeal will be heard de novo by the Board at its
regular meetings. Parties cited with violations may be
represented by counsel.
The
members of the Board of Directors and every Active Member
who are current in the payment of all Dues and other
charges, fees and assessments as provided for under ARTICLE
IV and who have satisfied all monetary obligations imposed
upon such member under ARTICLE XIV may file complaints of
violations of Rules and Regulations by signing complaint
form at the association office or contacting any member of
security patrol.
Section 5. Infraction Committee Procedure: The
Infraction Committee may from time to time establish
procedural rules and practices to guide its hearings and the
conduct of its business. All such rules shall be in writing
and a copy thereof shall be kept at the Association’s
office.
Section 6. Procedure: Any member or person accused of
any violation or infraction of the rules, regulations or
By-Laws of this Association shall have the privilege of
being heard at any such hearing or proceeding and being
represented by Counsel.
Section 7. Notice: No hearing shall be held on any
cause without at least three (3) days notice to the member
or party charged with violation or infraction, unless such
person or member shall waive the privilege of receiving the
three-day (3) notice in writing. Hearings shall be held at
places to be designated by the Infraction Committee within
the Subdivision, if practical, or if not practical or more
convenient, may be held at any other place so designated by
the Infraction Committee within Daviess County, Missouri.
ARTICLE XV -- RIP-RAPPING
AND SOIL EROSION CONTROL
Section 1. Erosion Control: It will be the
responsibility of all lot owners to maintain their lots in a
manner to prevent erosion and adhere to practices required
by the Association, and it will be the responsibility of
each owner of a lake front lot to provide an adequate means
of maintaining the integrity of the shoreline of their lot
by the use of rip-rap, seawall or other methods to
effectively prevent soil erosion and silting of the lake.
Section 2. Inspection: The Association may
periodically conduct inspections of any or all lots to
determine whether proper methods have been provided by the
owners of the lots to assure that soil erosion and silting
of the lake has been prevented.
Section 3. Corrective Action: In the event the
Association determines that inadequate methods have been
utilized by the owners of any or all lots to prevent soil
erosion and silting, the Association shall notify the owner
of said lot advising the owner of the nature of the problem
and suggesting an appropriate method of alleviating the soil
erosion and silting problem and providing a reasonable time
for the remediation of the problem. If the owner of the lot
shall thereafter fail to take the necessary actions to
alleviate soil erosion and silting within the time specified
in the notice, the Association or its agent shall have the
authority to enter onto the lot and perform the work and
improvements described in the notice, and all expenses,
including labor and materials, shall be assessed to the
owner of the lot, shall be a lien on such lot and shall be
collected in the same manner as membership dues, annual
assessments or special assessments. Further, such charges
shall bear interest and include enforcement costs (including
attorneys’ fees) and administrative charges in the same
manner as annual assessments.
RULES AND REGULATIONS
These
rules and regulations have been adopted by the Board of
Directors of the Viking Valley Association. As they may
change from time to time, it is the obligation and
responsibility of members and guests to keep current with
them. Please review the monthly newsletter or contact the
Association office for changes.
MEMBERSHIP AND USER ID
MEMBERSHIP CARDS: Each Family Membership shall receive
membership cards, non-transferable to anyone other than
named on the face of the card. A married couple will receive
a maximum of two membership cards. An unmarried person will
receive one membership card. Only Active Members who are
current in the payment of all Dues and all other charges,
fees and assessments as provided for under ARTICLE IV and
who have satisfied all monetary obligations imposed upon
such member under ARTICLE XIV shall receive Membership
cards.
GUEST CARDS: Guest Cards are issued upon request of the
property owner with a maximum limit of two cards per
membership. The property owner whose name appears on the
face of the Guest Card is responsible for the actions of the
person carrying the card while on Lake Viking property. Only
one family is allowed per Guest Card, a guest of a property
owner may not bring a guest. Guest Cards are not required if
the Active Member who are current in the payment of all Dues
and all other charges, fees and assessments as provided for
under ARTICLE IV and who have satisfied all monetary
obligations imposed upon such member under ARTICLE XIV is in
the presence of his/her guests or on the premises. Only
Active Members who are current in the payment of all Dues
and all other charges, fees and assessments as provided for
under ARTICLE IV and who have satisfied all monetary
obligations imposed upon such member under ARTICLE XIV shall
receive Guest Cards.
AUTO STICKERS: Auto stickers are to be prominently
displayed in the lower right hand corner of the windshield
of each automobile titled in the property owner’s name. A
maximum of three auto stickers per Family Membership are
available at no cost. For each additional auto sticker
requested there is a charge of $5.00 per sticker and proof
of vehicle ownership required. Only Active Members who are
current in the payment of all Dues and all other charges,
fees and assessments as provided for under ARTICLE IV and
who have satisfied all monetary obligations imposed upon
such member under ARTICLE XIV shall receive auto stickers.
Failure to display current year auto sticker on vehicles
titled in property owner’s name, may result in a $10.00
fine.
VOLUNTEERS: The Board of Directors shall, from time to
time, appoint volunteers to serve on Committees, Special
Events, Fire Department, 1st Responders, The Dive
Team and other projects associated with Viking Valley
Association, Inc. All volunteers must be Active Members who
are current in the payment of all Dues and all other
charges, fees and assessments as provided for under ARTICLE
IV and who have satisfied all monetary obligations imposed
upon such member under article XIV.
ANIMAL RULES AND
REGULATIONS
For
the safety and protection and the provision of healthful
surroundings, guidelines controlling pets and animals are
necessary and are to be enforced within the perimeters as
established by the Board of Directors.
PETS ALLOWED IN RESTRICTED AREAS: No pets or animals
other than legitimate seeing eye dogs are allowed in the
pool area or the clubhouse or other specified areas.
POSSESS PETS IN EXCESS OF MAXIMUM ALLOWED: Only three
pets are allowed in any one household of the regular
membership. This count shall include animals, which may be
governed by special permit from the Department of
Conservation.
DOGS WITHOUT COLLARS OR CURRENT RABIES TAGS: All dogs
are required to wear collars with a current rabies tag
showing the date of last inoculation.
BARKING OR HOWLING ANIMAL: It is prohibited to allow
any animal to continually bark, howl, yelp or make loud and
raucous thus disturbing other property owners within Lake
Viking Subdivision. The owner of such an animal is subject
to an infraction ticket.
ALLOWING DOGS TO ROAM: Dogs are not allowed off the
member’s property and shall be contained by a fenced
enclosure or controlled by leash. Guests’ dogs are included.
CAUSE OR ALLOW DOG TO ENDANGER HUMAN OR ANIMAL LIFE OR
PROPERTY: All property owners shall control their pets
to the extent that the welfare of persons or other pets is
not endangered and the animal is not allowed to cause damage
to the property of another person.
VICIOUS ANIMAL: Any tendency to injure persons, whether
from anger, viciousness or playfulness, and includes a
natural fearfulness or disposition to mischief which might
occasionally lead to an attack of a human without
provocation. Any animal which bites or causes abrasion to
the skin of any person shall be considered vicious and will
not be allowed on or with the Lake Viking Subdivision.
Subject to minimum $500.00 infraction ticket.
ANIMAL BITE: Any animal whether leashed or unleashed
that attacks or bites a person, and after review of the
circumstances, is deemed to be a vicious animal and must be
removed from the lake. The owner of the animal is subject
to a minimum $500.00 infraction ticket.
DOG
IMPOUNDMENT: Any dog not confined or on a leash shall be
picked up and impounded. The pickup charge will be $20.00
each; boarding fee will be $10.00 each per day. If a dog
does not have a current rabies tag, it must be inoculated by
a veterinarian before being reclaimed. Owners have up to
three days in which to reclaim their dog.
ADDITIONAL BUILDING
REGULATIONS
All
building plans must be approved by the Building Committee
prior to the start of construction and must comply with the
Covenants and Restrictions as well as the existing building
regulations in effect at time of the building permit
submission. IF CONTSTRUCTION IS STARTED BEFORE THE
BUILDING COMMITTEE HAS APPROVED THE REQUEST AND ISSUED A
PERMIT THE JOB IN QUESTION WILL BE STOPPED AND A
TICKET WILL BE ISSUED BY SECURITY. ANY UNAPPROVED
CHANGE OF A BUILDING PERMIT WILL BE SUBJECT TO A TICKET AND
A FINE. This is the responsibility of the property
owner as well as the contractor. Fines for permit
violations shall be a minimum of twice the permit fee and if
for any reason the project in question is not approved;
appropriate adjustments must be made immediately to bring
the project into compliance to avoid any additional fees
and/or penalties. The building permit fee must be paid at
the time of the request submission using the current fee
schedule. Building permit fees are non-refundable. Projects
not completed within 6 months of the date the permit was
issued (as stated in Restriction #3) will be required to pay
an additional fee equal to 50% of the original permit.
Exceptions may be allowed at the Building Committee’s
discretion. Permit request submission requires the first
page of the application completely filled out, signed, the
permit fee and complete set of drawings.
A COMPLETE SET OF
DRAWINGS TO SCALE CONSIST OF:
*Site Plan with all dimensions and distances to lot
lines clearly defined
*Exterior elevations showing finish grade lines
*Foundation Plan
*Cross Section
*Floor plan
*Building Specifications
*Legal Survey
All
permanent structures require a legal survey. This includes,
but is not limited to, residential and commercial
structures; hard surface patios or driveways, decks,
garages, sheds and shelters.
BUILDING PERMIT FEE
STRUCTURE:
|
On-site house
construction |
$500.00 |
|
Manufactured/Mobile home Construction |
$400.00 |
|
Garages,
boathouses, and hangars |
$250.00 |
|
Home additions |
$200.00 |
|
Concrete
projects, multiple axle trucks and trailers that
would transport heavy equipment, such as
bulldozers, track hoes,
track loaders or similar heavy equipment;
including landscape projects requiring the same
type of heavy equipment |
$200.00 |
|
Sand based
projects, shelters, sheds, docks, shore line
work, bobcat work and any other projects
requiring a permit |
$100.00 |
|
Stack Stone
Projects |
$500.00 |
Septic system
repair/replacement
*requires State permit & approval*
*Building permit fees are non-refundable. |
No charge |
Building permits are required for but not limited to the
following:
On-site built
homes
Manufactured/Modular/mobile homes
Prefabricated
structures
Shoreline work
with the exception of rip-rap
Hard surface
driveways, minimum 12” tube required
Any project,
whether using a contractor or not, that requires
large equipment such as bulldozers, track hoes,
concrete trucks or other equipment or supply
deliveries tht require moving by a multiple axle
truck.
Any alteration
to the roof line or the original footprint of
any existing structure including the design,
size or type of materials used.
Building Permits are not required for the following: dump
trucks to deliver gravel, riprap and equipment required to
spread the same and any Viking Valley Association
equipment. Repairs/replacement of materials to existing
structures due to deterioration, wear and tear, damage due
to fire, lightning or flooding do not require a permit
UNLESS there is a change to the size, design or type of
material used. Anyone unsure if the project will require a
permit may
E-mail
the building committee at VVA @WINDSTREAM.NET with ATTN
BUILDING COMMITTEE in the subject box or contact the
association office at 1-660-663-2131. A quick call will
help you avoid unnecessary delays and fines. Remember these
rules and regulations are put in place to protect the beauty
of out lake.
No
porch or projection of any building or septic system shall
extend nearer than twenty-five (25) feet from any road
right-of-way, nor nearer than then (10) feet from the side
property line; nor nearer than twenty (20) feet from the
rear line of any lot; nor within fifty (50) feet from the
normal water line as indicated on Plat for the Subdivision
without written permission of the Association. All
conditions of the Zoning Regulations of Daviess County,
Missouri, if any, must be complied with, provided that when
and/if such Zoning Regulations impose different restrictions
than this Declaration, whichever imposes the more
restrictive or imposes the higher standards shall control.
Septic
and sewer systems must be approved by the State of Missouri
authorities prior to installation. A copy of the Missouri
State approval must be submitted with the Viking Valley
Association Building Permit Application. Repairs to the
existing sewer and septic systems will be in accordance with
the Missouri State regulations at time of application for
repairs. Replacement of septic systems requires state
approval as well as a permit to ensure easement and set back
requirements are observed. A site plan will need to be
filed with the Association Office. There will be no charge
for this permit.
Open
pier foundations shall not be permitted on any dwelling.
HOMES: ON-SITE BUILT --
The size must meet or exceed living space
requirement size in accordance with letter designation
exclusive of porch and garage on the main level with the
letter symbol on each lot as set forth on the plat or
plats of Valkryie Valley Subdivision; and meet the minimum
building specifications as outlined:
“A” shall be 1,200
square feet
“B” shall be 1,020
square feet
“C” shall be 840
square feet
“D” shall be 680
square feet
“E” or bearing no
classified symbol shall be subject to individual
determination by the Building Committee’s
recommendation to the Board of Directors who will
make the final decision for this classification.
“MH” shall be 400
square feet.
“X” shall be 1020
square feet and are not for commercial use
“Z” shall be for
commercial use only as designated; any change in
this designation must be approved by the Board of
Directors. Size and materials shall be subject to
individual determination by the Building Committee’s
recommendation.
Manufactured/Prefabricated structures /modular/mobile
homes – may be placed only on lots with a ‘MH’
designation; must be a minimum of 400 square feet.
Application must include proof of age (no units over 5
years old ), site plan, foundation plan, floor plan,
picture of the unit, exterior elevation showing finish
grade line or type of skirting (skirting must be in
place within 90 days).
No
basement homes allowed. Earth contact homes are not
basement homes.
Unfinished basements below the ground level areas are
not considered living spaces.
Prefabricated Structures should be submitted for
pre-approval. Each request will be evaluated
individually-approval will be at the Building
Committee’s discretion and will be based on lot
designation as well as the fabrications company’s
literature. Permit fees will not be charged for
preapproval.
MINIMUM BUILDING
SPECIFICATIONS
The
following apply to lots designated A, B, C , D, E and X
frame construction only. They are to be considered minimum
specifications. They do not apply to existing structures or
homes currently under construction. They do, however, apply
to new additions to existing structures. Minimum area is
further described as, outside measurements with a minimum
floor to ceiling distance of 4 feet 6 inches and located on
the main floor.
It is
recommended that the ‘International Building Code’ be used
while building any structure, but it is the responsibility
of the owner/builder to follow these minimum guidelines.
Footings: Must be at least concrete mix 3000
psi 5 & ½ bag minimum 8” x 16” strength with 2 ½”
continuous rebar. Top of footings must be at least 3”
below finished grade.
Foundation wall: Must be concrete 3000 psi 5 & ½
bag 8” thick with continuous ½” rebar for each 2’ of
vertical wall, and one continuous running ½” rebar for
each 4’ of horizontal run. All wood foundation walls to
be #2 or better 2 x 6 16” OC. Block foundations are not
allowed.
Floor framing: Bottom plate must be attached to
concrete foundations with a minimum of ½” bolts every 6
feet.
Sub flooring: Minimum of ¾’ 4’ x 8’ T & G double
joists under all parallel partitions.
Ceiling framing: Minimum #3 fir 16” OC spans not
to exceed specified limits.
Roof framing: #2 fir & braced with purlin 2 x 4
16” OC or 2 x 6 24” OC. Exceptions will be made for
A-frame construction.
Roofing: 3 ply sheeting not to be used. ½” 4 x
8 fir or equal. Asphalt shingles, class C 12 x 36
self-sealing with 15# underlay. Exceptions will be made
for A-frame construction. Wood shakes are acceptable
but must be treated and fire resistant. High quality
steel roofing for residential use will be approved if it
will enhance the beauty of the home.
Exterior or Load Bearing Walls: Must be a
minimum of #2 or better 2 x 4 16” OC.
Exterior Siding: Sheeting or siding must be
minimum thickness of 7/16. Shingles, stucco or masonry
siding may be used over 4’ x 8’ ½” fir or equal, 3-ply
sheeting not to be used.
MINIMUM BUILDING
SPECIFICATIONS COMMERCIAL
The
following requirements apply to lots with ‘Z’ commercial
designation.
State approved septic system for type building.
Enclosed framed construction.
Building sites are for business use only.
Any change in type of business, other than original
designation must have the written approval of the Board
of Directors and should be recorded.
The
following are to be considered minimum specifications for
pole barn or steel frame building construction:
BUILDING SIZE: Buildings on commercial lots must
not exceed 4000 square feet. All buildings must conform
to all easements and setbacks provided in the Covenants
and Restrictions.
FOUNDATIONS: It is recommended that the
“International Building Code” be used while building any
structure, but it is the responsibility of the
owner/builder to follow these minimum guidelines.
Floor: Must be at least 5 bag concrete mix
minimum 4” thick, 3000 psi with 2 1/2’ continuous rebar.
Footings: Must be at least 5 bag concrete mix
minimum with 8’ x 16’ strength 3000 psi with 2 ½’
continuous rebar. Top of footings must be at least 28”
below finished grade with 18” dia.
Wall Framing: All wall girts must be a minimum of
2x6 (#2) @ 26” O.C.
Roof Framing: 2x6 Purlins (#2) @ 26” O.C. The
roof pitch must be a minimum 4/12 pitch. Corner columns,
Truss bearing columns, and end wall columns must be a
minimum of 6x4 (#2). If using metal roofing and/or
siding, it must be a minimum of 29 gauge.
OTHER STRUCTURES
Hangars may be sized to need as long as all easements
and setbacks are met. Hangars shall be allowed on “S” lots
only.
Pole type structures or garages shall be allowed on
commercial lots, “S” lots and “MH’ lots only.
Garages – attached and detached. Detached garages or
outbuilding space may not exceed 720 square feet as measured
from the outside dimensions and may only be built on an
improved lot. Garages are governed by the minimum building
specifications, easement and setback requirements.
Fences – opaque fencing of property boundary lines will
not be permitted; opaque fencing for pet enclosures may be
permitted depending on size and location at the discretion
of the building committee. All fence material must be
placed a minimum of 6” inside of the property line and may
not be placed any closer than 25’ of the waterline as
measured at full reservoir. A legal survey will be required
if there is not one on file. The property owner will be
required to make all four lot corners visible for the
building committee to insure proper compliance.
Shelters – screened or not. Shelters are intended to be
open structures not large enclosed sheds or cabins. Lots
may have one shelter that is no larger than 288 square feet
which may contain in its dimensions an 80 square foot
enclosure/storage shed as measured from the outside
dimension of the structure. Roof overhangs may not exceed
2’. Shelters may be screened in. Screened areas are
considered open area. All shelters must be at least 60%
open area. Window openings may be screened or left open.
Open area is calculated by measuring the actual open
(screen) area and dividing it by the total wall area. Any
framing and support members for the open (screened) area are
not considered open areas. Screening material must be a
non-corrosive material such as aluminum, fiberglass or
copper – no metal type screening that will rust can be
allowed. Shelters may not have glass windows, shutters or
any other opaque material that would cause the open area to
be reduced to less than 60%. Shelters may not be placed
closer than 25’ to the waterline as measured from the
overhang and at full reservoir.
Lots
may have one shelter.
Storage Sheds – site built or pre-manufactured units; no
molded plastic type units will be approved. Storage shed
roof overhangs may not exceed 6” and must meet the minimum
building requirements but will not be required to have a
foundation or footing. Storage sheds may not be placed any
closer than 25’ of the waterline as measured from the roof
overhang and at full reservoir. Sidewalls will not exceed
10’ in height. Roof pitch shall be a minimum of 4/12.
Improved lots may have a storage shed that does not
exceed 288 square feet as measured on the outside dimensions
of the enclosure; any larger will be considered a detached
garage or outbuilding.
Unimproved lots may have one storage shed that is no
larger than 120 square feet as measured on the outside
dimensions of the enclosure.
Decks – a structure of any height which is anchored to
the ground and/or another structure. Decks can be placed no
closer than 25’ to the waterline as measured from the
overhang and at full reservoir. Decks constructed on piers
and unattached to any dwelling require skirting if the
finish grade falls more than 2’ below the finished floor.
Unimproved lots may have one deck that is no larger than
288 square feet.
Patios – concrete or sand based. Patios that are made
of concrete or any other hard surface material must be kept
at least 25’ from the waterline as measured at full
reservoir. Sand based patios must be placed a minimum of 6’
from the waterline as measured at full reservoir. Unimproved
lots may have one patio that is no larger than 288
square feet.
Boathouses -- permits for new boathouses are no longer
available. Existing boathouses may be repaired. The type
of material used at the time may be changed upon approval of
the committee. The existing footprint may not be changed,
altered, expanded or added on to in any fashion.
A
planned teardown and replacement of an existing
boathouse is not allowed. If a boathouse is in such
disrepair that it must be torn down it cannot be
replaced. Permits for any boathouse repair or fill must
be submitted for approval before construction can
begin. Boathouses are to store watercraft and are not
intended to be used as a shelter.
Boat docks, swim platforms and PWC lifts. Encapsulated
regulation foam floats will be required for new or
replacement on all docks, swim platforms or PWC lifts.
Steel, foam or plastic barrels for floatation and pier
type docks are not allowed. Boat docks or platforms
with their ramps will not exceed the overall length of
38 feet in combined length measured from the shoreline
at full reservoir. However, where safety, traffic or
accessibility is in question, docks and ramps must be
sized accordingly. When these conditions exist and
exceed the overall length of 38 feet (ramp and dock
combined); the combined length can be as long as needed
for a boat lift that requires 52 inches of water depth
to operate properly – a special building permit will
need to be requested and issued. Replacement boat docks
can be the same length as the previous boat dock when
procured by the same owner; a new owner must abide by
the 38’ overall requirement or apply for a Special
Permit. No two-tiered docks will be allowed. Survey
markers/rebar must be clearly visible when setting
docks, platforms, lifts, boat ramps or walkways to
insure easement compliance.
Boat Ramps and Walkways -- Boat ramps shall be no wider
than 12 feet. Concrete, if used, shall not extend more than
8 feet into the lake. Walkways shall be no wider than 48
inches and may extend all the way to the water’s edge.
Room Additions and Porches - open or enclosed. All
easement and setback restrictions must be met as measured
from the roof overhangs as well as all of the minimum
building guidelines. Screening material must be a
non-corrosive material such as aluminum, fiberglass or
copper – no metal type screening that will rust can be
allowed.
BUILDING ON UNIMPROVED
LOTS
No
building may be erected on any lot prior to the erections of
a dwelling (developed lots) with the exception of hangars on
“S” lots, storage sheds, shelters, decks, boat docks,
fences, patios or business structures zoned for business or
commercial use. All structures must conform and meet the
current specifications and requirements at the time of
Building Permit submission.
Property owner(s) of unimproved lots may have a total of
three structures on their lots, which may include on shed,
one shelter and either a deck or patio.
MISCELLANEOUS BUILDING
RULES
Aluminum carports are not allowed.
No
toilets of any kind are allowed in sheds, shelters, boat
docks, boathouses or similat structures.
All
structures will have exposed bare metal painted or coated
with a surface coating and approved by the Building
Committee.
The
property owner will be responsible for notifying all utility
companies prior to any earth excavation, including placement
of a satellite dish
Any
applications for any permanent structure must include a
legal survey if one is not on file. It is the
responsibility of the property owner to clearly and
accurately define (stake) and maintain during any and all
construction projects the property boundaries and new
structure perimeter to that the Building Committee can
assure compliance to the building regulations. All easement
and setback restrictions will be strictly enforced.
Contractors that fail to comply with the Covenants and
Restrictions as well as the building regulations in effect
at the time will subject themselves to possible loss of
contracting privileges and/or additional fines as determined
by the Building Committee.
Silt
fences are required to control erosion/silt around any
excavated area; failure to prevent erosion/silt from
entering the lake, ditches and other run off areas or
allowing it to infringe on other property will result in a
ticket and a fine.
No
community area shall be used for commercial business. This
includes but is not limited to the construction of a dock or
any other structure by a propery owner or their contractor.
*Building permits must be approved and issued prior to the
start of any project – this is the responsibility of the
property owner as well as the contractor. Tickets will be
issued and fines will be based on a minimum of double the
permit fees. Contractors that fail to comply with the
Covenants and Restrictions as well as the building
regulations in effect at the time will subject themselves to
possible loss of contracting privileges and/or additional
fines as determined by the Building Committee.
*Any
unapproved change of a building permit will be subject to a
ticket and a fine.
*Any
application for any permanent structure must include a legal
survey if one is not on file.
*It is
the responsibility of the property owner to clearly and
accurately define (stake) and maintain during any and all
construction projects the property boundaries and new
structure perimeter so that the Building Committee can
assure compliance to the building regulations. All easement
and setback restrictions will be strictly enforced.
* Silt
fences are required to control erosion/silt around ANY
excavated area; failure to prevent erosion/silt from
entering the lake, ditches and other run off areas or
allowing it to infringe on others property will result in a
ticket and a fine.
*No
Community Area shall be used for commercial business. This
includes but is not limited to the construction of a dock or
any other structure by a property owner or their contractor.
*Violation of any of the stipulations set forth in the
Covenants and Restrictions or the Building Rules and
Regulations during any part of the permit process, as
determined by the Building Committee, will result in the
project being stopped until the issue is resolved.
FISHING RULES AND
REGULATIONS
FISHING REQUIREMENTS: All Conservation Department state
laws in effect apply while fishing upon the waters of Lake
Viking.
FISHING LICENSE REQUIRED: A fishing license is required
in accordance with Conservation Department state laws.
USE
OF TROT LINE, BANK LINES AND/OR THROW LINES: By Board
action the use of Trot lines, Bank Lines and/or Throw lines
are not allowed at Lake Viking..
FISHERY GUIDELINES: BASS: Release all bass 12 inches to
19 inches. Fisherman can keep one bass per day of 19 inches
or longer. CRAPPIE: Keep all crappie caught within the
state limit. WALLEYE: Fisherman can keep Walleye at least
21 inches in length; release all catches under 21 inches.
This will help our fishery and provide more sport fishing
for the big ones.
WATERCRAFT RULES AND
REGULATIONS
For
your protection and safety, we have a patrol boat on the
lake during the summer boating season. The patrolman will
check all registrations to make sure that no unauthorized
persons are using your lake; therefore, watercraft
registrations or proof of ownership must be shown before
boat is allowed on the water. Guest watercrafts are not
allowed.
FLYING TUBES BANNED: Any towable object that is
designed to fly separated from the vessel body by string or
line is banned.
FAILURE TO COMPLY WITH MISSOURI BOATING REQUIREMENTS:
All boats and operators must comply with Missouri State
Water Patrol guidelines, requirements and regulations.
Exception: Lake Viking only requires a 75 foot distance be
kept from the shoreline while underway.
FAILURE TO PROMINENTLY DISPLAY MEMBER IDENTIFICATION ON
BOAT: All Boats (other than air inflated non-motorized
flotation devices) must have owner’s lot number displayed in
at least three (3) inch numbers on both sides of the boat
near the stern. The lot numbers and membership sticker of
current year must be displayed in a color and manner, which
is prominent and readily visible. Due to vessel
restrictions, Personal Watercraft may have the owner’s lot
number displayed in the same manner as described above,
however towards the front of the vessel along with the
current membership sticker.
USE
OF RED OR ORANGE FLAG: All members shall abide by the
new Missouri regulation which states “whenever a person
leaves a boat and enters the water, a red or orange flag
measuring 12” square must be displayed on the boat so that
it is visible in all directions. When the boat and the
person both start in motion, the flag is not to be in
sight.” This regulation is effective from dawn to dusk.
DIVING AND DIVE FLAG: Recreational diving (scuba or
snorkel) will not be allowed at Lake Viking. Only the Lake
Viking Certified Dive Team will be allowed to dive.
Watercraft operators must not come within fifty (50) yards
of a diving flag, which is a rectangular red flag, at least
12 inches x 16 inches, with a two-inch white diagonal
stripe.
MAINTAIN DISTANCE FROM SECURITY BOAT: All watercraft
should stay a minimum of 50 yards away from any security
boat when the emergency lights are activated.
OBSERVANCE OF SECURITY BOAT: Watercraft should stop when
they observe a security boat approaching with it’s emergency
equipment activated.
USE
OF UNAUTHORIZED OR UNAPPROVED BOAT: Effective for all
members on or after March 7, 1998; single lot owner, or
owners, and multiple lot owner, or owners, who are current
in the payment of all Dues and all other charges, fees and
assessments as provided for under ARTICLE IV and who have
satisfied all monetary obligations imposed upon such member
under ARTICLE XIV, will be allowed to have up to three (3)
motorized watercraft. This rule does not apply to fishing
type boats with electric trolling motors or sailboats with
motors for emergency only.
Examples
a)
Owner “A” owns one (1) lot and is allowed three (3)
motorized watercraft.
b)
Owners “A” & “B” own one (1) lot (co-owners) and are
allowed only three (3) motorized watercraft.
c)
Owner “A” owns five (5) lots (multiple lot owner) and is
allowed only three (3) motorized watercraft.
d)
Owners “A” & “B” own five (5) lots together (multiple
lot co-owners) and are allowed only three (3) motorized
watercraft.
Existing property owners, prior to March 7, 1998, will be
grand fathered as to the number of watercraft allowed
according to the Boating Rules and Regulations published in
the 1997 Viking Valley Association Handbook until January 1,
2007. However, existing property owners will not be able to
register watercraft purchased after March 7, 1998, if it
exceeds the number allowed in the new Watercraft Rules and
Regulations effective March 7, 1998. Guest boats are not
allowed. Boats must display current year validation sticker
on both sides near the lot number.
FAILURE TO DISPLAY APPROVED LIGHTING: All boats
operating between sunset and dawn must display state
approved navigational lighting when underway. All stationary
boats not moored to dock or shore shall display a white or
yellow light which is readily visible from 360 degrees.
Boats powered by electric trolling motor or hand and
operating within fifty (50) feet of shore are required to
display approved lights when another vessel approaches
within the immediate vicinity.
FAILURE TO YIELD TO OR MAINTAIN DISTANCE FROM NON-POWERED
CRAFT: All mechanically powered boats shall maintain a
distance of fifty (50) feet from and yield right of way to
non-powered or stationary craft and personal watercraft.
SPEED CREATING EXCESSIVE WAKE: Trolling speed will be
used when approaching within on hundred (75) feet of boat
docks, marina, coves marked with Association buoys, or other
areas marked with permanent or temporary Association buoys.
ASSOCIATION BUOYS: All watercraft and attachments must
use trolling speed when approaching within seventy-five (75)
feet of Association buoys. There will be a $500.00 fine
for anyone caught moving an Association Buoy.
PERSONAL BUOYS:
1.
Only one (1) manufactured type personal buoy per
waterfront lot.
2. No personal buoys behind Association buoys.
3. Personal buoys must show lot number.
4. Personal buoys cannot be placed anymore than
seventy-five (75) feet from shore.
5. No noodles or other floting items to ve used as
personal buoys.
6. The sole purpose of a personal buoy is to keep
underway watercraft seventy-five (75) feet from the
shoreline.
WATERCRAFT ENTERING RESTRICTED AREA: During specially
approved events, watercraft may be restricted from entering
specific areas on the lake as designated by the Board of
Directors or the Security and Lake Patrol. Entry into these
areas after notice is prohibited.
HOLDING RACE OR REGATTA WITHOUT PERMIT: No race or
regatta may be held on Lake Viking without first obtaining
written permit and authorization of Lake Viking or its
assigns.
OPERATING BOAT IN RESTRICTED AREA: Boats and attachments
underway must stay clear of swimming beaches and must keep
at least seventy-five (75) feet from shore, docks, and other
areas marked by Association buoys.
UNAPPROVED BOAT OR USE OF BOAT: No boat with a sink,
toilet or sanitary system capable of discharging waste into
Lake Viking will be permitted. Under no conditions will any
boat be used as a dwelling.
MOVEMENT CONFLICTING WITH NORMAL TRAFFIC:
Counterclockwise flow of traffic shall be maintained by all
power boats and personal watercraft. When entering or
exiting lake branches or coves, watercraft will enter and
exit to the right. When entering a branch containing two or
dual coves, the watercraft must proceed to the mouth of the
right cove and ensure traffic is clear prior to turning left
to move to the next cove. Crossing the branch area and
proceeding directly to the left cove is prohibited. When
exiting a cove or branch area, the watercraft must establish
a right entry into the main channel and/or flow of traffic.
Prior to crossing to the opposite side of the lake the
watercraft must have established a right entry into
the main channel flow of traffic, and ensure traffic is
clear to safely cross the lake. Crossing directly from cove
to cove is prohibited. Crossing from one side of the lake
to the other side while on the main channel to enter a
branch or cove requires the vessel to travel past the
desired branch/cove prior to crossing the lake in a safe
manner and entering the proper flow of movement.

When
entering a branch containing two or dual coves, the
watercraft must proceed to the mouth of the right cove and
ensure traffic is clear prior to turning left to move to the
next cove. Crossing the branch area and proceeding directly
to the left cove is prohibited.
When
exiting a cove or branch area, the watercraft must establish
a right entry into the main channel and/or flow of traffic.
MOVEMENT CONFLICTING WITH NORMAL TRAFFIC:
Counterclockwise flow of traffic shall be maintained by all
power boats and personal watercraft.
When
entering or exiting lake branches or coves, watercraft will
enter and exit to the right.
Prior
to crossing to the opposite side of the lake the watercraft
must have established a right entry into the
main channel flow of traffic, and ensure traffic is clear to
safely cross the lake. Crossing directly from cove to cove
is prohibited.
Crossing from one side of the lake to the other side while
on the main channel to enter a branch or cove requires the
vessel to travel past the desired branch/cove prior to
crossing the lake in a safe manner and entering the proper
flow of movement.
EXCEED MAXIMUM SOUND LEVEL: The operation of any
watercraft which emits sound at a level exceeding eighty-six
(86) decibels on an aweighted scale when measured from a
distance of fifty or more feet is prohibited.
OPERATE OPEN ENGINE OR UNMUFFLED BOAT: High powered
racing boats described as flat bottomed, open engine
unmuffled or similar type craft are prohibited from
operating at Lake Viking.
EXCEED NIGHT SPEED LIMIT: Any watercraft operating
between sunset and dawn must reduce speed to trolling speed.
FAILURE TO CARRY OBSERVER-USE OF SKI MIRROR: Every
motorboat or personal watercraft towing a person(s) on water
skis, surfboard, or any other device must have room to carry
the towed person(s) and a person onboard (in addition to the
operator), observing the towed person(s). Motorboats may
use an approved ski mirror that is at least 3 inches in
height, 8 inches in length, gives 180 degrees of vision
behind the operator and is designed as a ski mirror. Boats
pulling skiers, wakeboards, etc., without an observer will
be restricted to the main channel usage only. Personal
watercraft must carry an onboard observer. Viking Valley
Association and the Missouri State Water Patrol do not
recognize manufacturer mirrors on personal watercraft
sufficient for safety.
VIOLATE SKIING TIME RESTRICTIONS: Water skiing in coves
is permitted only from 9 a.m. until sunset. Water skiing in
main channel is permitted only from sunrise to sunset. No
skiing after sunset or after patrol warning by siren or red
light. Both boat operator and skier may be cited for
infraction.
SKIING WITHOUT PRESERVER: Water skiers, tubers, surfers,
etc., must wear an approved life preserver.
SKIER FAILING TO MARK POSITION: All skiers must hold up
a ski or other highly visible device to mark position and
warn other boaters of downed skier.
FAILURE TO YIELD TO CRAFT TOWING SKIER: All powered
boats and personal watercraft must yield right of way to and
maintain a distance of one hundred (100) feet from boats,
attachments, skiers, and personal watercraft.
OPERATE WATERCRAFT UNDER INFLUENCE OF INTOXICANTS: The
operation of a watercraft while under the influence of
intoxicants including alcohol, narcotics, drugs, etc., is
prohibited.
CARELESS AND IMPRUDENT OPERATION OF WATERCRAFT: Any
careless, unsafe, reckless, or negligent operation of any
watercraft, which creates, or increases the risk of bodily
injury or property damage, is prohibited.
OVERLOADING WATERCRAFT: Watercraft shall not have on
board more than the maximum allowed weight including
passengers and gear. The capacity plate limits are not to be
exceeded. Sail surf boards shall not have more than two
persons.
UNDERAGE OPERATOR OF POWERED WATERCRAFT: The minimum age
to operate any motorboat or personal watercraft is fourteen
(14) years old. Parents and guardians are responsible for
operators and their actions. Operators may be requested to
produce proof of age to the Lake Patrol. Any operator under
the age of sixteen (16) must be certified by understanding
the rules and regulations of the lake and be counseled and
certified by the water patrol officer.
MISSOURI STATE WATER PATROL BOATER EDUCATION CERTIFICATE:
Any person born after January 1, 1984, operating a vessel on
Lake Viking, regardless of their state of residence, shall
possess, on the vessel, a boating safety identification card
issued by the Missouri State Water Patrol, along with a
valid photo ID. A vessel is every motorboat and motorized
watercraft including a Personal Watercraft. The Security
staff at Lake Viking shall check boat and personal
watercraft operators for their proper Missouri Boater Safety
Certification card. If the operator is required to have a
Missouri State Certification card and does not possess one,
the following actions will be taken:
A. First Offense: Security staff will issue a written
warning and escort the operators to their lot. That
person can not operate a boat or personal watercraft on
Lake Viking until they obtain the Missouri State
Certification.
B.
Second Offense and each offense thereafter: Security
staff will issue a written infraction ticket and escort
the operator to their lot. That person cannot operate a
boat or personal watercraft until they obtain
certificate.
LIFE PRESERVERS ON CHILDREN: Any child, eight (8)
years of age of younger, shall wear an approved life
preserver while on a watercraft or at any time such child be
within 50 feet of the waters of Lake Viking. This includes
private lots, beaches, community areas, and Marina. Such
life preserver shall be, at least, Type I, II, or III U.S.
Coastal Guard approved flotation device which suitably fits
the child. An Infraction Ticket in the amount $150.00 will
automatically be issued for violation of failure to provide
life preservers on children.
FAILURE TO SUPPLY LIFE PRESERVER: All watercraft must
have a U.S. Coast Guard approved life preserver readily
accessible for each person on board. The operator of the
craft is responsible for providing the preservers and
displaying the preservers upon the request of the security
or lake patrol.
UNLAWFUL RIDING: The operator of any watercraft shall
not all any passengers to ride on the bow, gunwale, transom,
seat backs, seats on raised decks, or any other place where
there may be a chance of falling overboard/
PERSONAL WATERCRAFT: Personal watercraft may not be
operated after sunset. Any personal watercraft violations
will automatically be issued an Infraction Ticket.
HIGH WATER WARNING LIGHT SYSTEM: Three red flashing
lights have been installed to signal boaters the lake has
been shut down to night speed limit and/or for reasons such
as high water conditions. They are located on top of the
Yacht Club at the south end, Beach #1 and Beach #2.
Violators may be subject to an Infraction Ticket.
USE
OF COMMUNITY DOCKS AND AREAS: Community docks and
community areas must be available for all users. Trailered
boats may not be left parked on a community area overnight.
Boats may not be docked at a community dock overnight,
unless in immediate use.
TOY
JET SKI: Battery-operated toy jet ski’s are not allowed
on the waters of Lake Viking.
WATERCRAFT SIZE AND MOTOR SIZE:
a)
Boat & pontoon maximum: 24’
b)
Motor cannot exceed manufacturer recommendation.
c)
No watercraft allowed with two engine power sources
except for pontoons or any other using a smaller motor
for trolling purpose.
Any
lot incurring watercraft infractions totaling three in any
membership year, (between May 1st and April 30th ), that
lot’s watercraft are all banned for the balance of the
membership year.
CAMPGROUND RULES AND
REGULATIONS
There
are two camping areas; one on the east side of the lake,
campground I, and one on the west side of the lake,
campground II. These are for the use of property owners. All
camping units must belong to a property owner. Release of
liability forms must be signed and on file at the
Association office. Pedestals for electrical hookup are
spaced throughout the areas. Water hydrants, restrooms,
showers and dump stations are available.
Property owners will be required to show legal title to all
motor vehicles, trailers and slide-in campers. The removal
of camper shells from vehicles will not be allowed. Slide-in
type campers will not be allowed. When a member has met all
requirements for using the campground, that member then
holds all rights and privileges to that camping space for
that season. Once a unit is approved and in the owner’s
selected space, that space area must be maintained in a
presentable condition. Property owners are required to mow
the campground space at least once every month from May thru
October. The Campground Committee shall report to the Lake
Manager anyone who does not comply with these mowing
regulations. The Association has the right to mow the
campground space and bill the property owner accordingly.
The
campgrounds are open the first day of March and close the
last Sunday in October. Only Active Members who are current
in the payment of all Dues and all other charges, fees and
assessments as provided for under ARTICLE IV and who have
satisfied all monetary obligations imposed upon such member
under ARTICLE XIV may use the campgrounds. Seasonal camp
spaces are available for reservation each year with
additional overnight camp spaces available on a first-come,
first-served basis. A member may remove his camper from a
seasonal space for any length of time for vacation and/or
repair purposes with written notification given to
campground manager, office or security.
Responsible groups may be granted tenting privileges
provided prior approval has been granted by the Board of
Directors. No groups will be approved on major holidays. The
association member who is sponsoring the group must be
present with the group at all times.
Camping units shall display the property owner’s lot number
in a visible manner.
CAMPSITE IMPROVEMENTS: All camping units, trailers,
fifth-wheels and motor homes, structures or improvements
shall be movable at the request of the Lake Manager for
maintenance of the campgrounds. No structures shall be built
that are not easily removed. 1) All patios, decks and
unattached improvements to camping spots must have prior
approval by Board Contact. All must be easily removed for
campground maintenance. 2) No enclosed structures,
screened-in areas, or attached rooms will be permitted. 3)
Storage units must not exceed 72” tall, 55” wide, and 32”
deep. There is a limit of 2 units per campsite. Units must
be of weatherproof, manufactured construction.
UNAUTHORIZED USE OF SPECIAL PERMIT VEHICLE IN CAMPGROUND:
All terrain and similar vehicles are prohibited from
operating in the campground areas except for normal entry
and exit.
PETS LOOSE IN CAMPGROUND: Pets must be on leash and must
have rabies tag on collar. You must clean up after your
pets.
LOUD NOISE OR MUSIC IN CAMPGROUND: Any loud noise or
loud music is prohibited in the campground area.
FAILURE TO CONTROL CHILDREN: Parents are responsible for
the conduct of their children or other children placed under
their care and control.
FAILURE TO MAINTAIN CLEANLINESS OF FACILITIES: All
campers shall assist in the maintenance of the areas, which
they use or occupy by cleaning up after use.
UNATTENDED ELECTRICAL USAGE: Due to the increased cost
for electrical usage, air conditioning units in campers
must be turned off when a member will be gone for
24 hours of more, Violators will be issued a ticket.
UNAUTHORIZED WATER CONNECTION: All persons shall remove
the hose connections and close the proper valves after
filling any water tanks.
CONNECTION TO SEWER: Any camper connected to the
Association’s sewer system will be required to have hard
piping. No flexible piping will be allowed.
UNAUTHORIZED DISPLAY OF FIREWORKS: It is prohibited for
any person to display or cause the display of any fireworks,
which are ignited by a heat source to be discharged in the
campground area.
IMPROPER PARKING OF BOATS OR TRAILERS: Boats or trailers
other than those camping trailers or units shall not be
stored in the campground.
IMPROPER USE OF CAMP FIRE: It is prohibited for anyone
to cause or allow the location of any fire to be closer than
twenty-five (25) feet to any camping unit.
FAILURE TO EXTINGUISH FIRE: All persons shall completely
extinguish any fire which is unattended.
USE
OF TENT IN UNAPPROVED AREA: Tents are restricted to
those areas which are specifically designated.
CLEANING OF FISH: No cleaning or disposal of raw fish
remains in campground trash containers allowed.
WASHING OF DISHES IN CAMPGROUND RESTROOMS: No
dishwashing in campground restrooms allowed.
LAKE SECURITY HAS FINAL AUTHORITY: Lake Viking Security
has final authority on all infractions of campground rules
and regulations.
CLUBHOUSE RULES
The
clubhouse has facilities for activities on the upper and
lower levels. There are kitchens on both levels. Either
level may be reserved for Association activities or for
private parties under the following conditions:
1.
For an Association activity, permission must be obtained
and scheduled at the Association office. It is
understood that the committee in charge will be
responsible for cleanup of both recreational and kitchen
areas.
2.
Private parties and events such as weddings, receptions,
reunions, etc. may be scheduled by a property owner by
special permission at the Association office. The host
of a private party must pay a deposit, pay all rental
fees, and sign a form assuming responsibility for
cleanup and liability. User fees are charged for private
parties.
3.
No political parties are allowed.
4.
No wet bathing suits are allowed outside the restroom
areas.
5.
All users shall leave the clubhouse in a clean manner.
6.
No pets are allowed inside the building.
PROPERTY MAINTENANCE AND
UPKEEP
MOWING: You are required to have your lot mowed by May
1, June 1 and September 1 of each year. If you do not have
your lot mowed the Association has the right to mow the lot
and bill the lot owner. The Association recommends that
property owners contact a contract mower if they are unable
to do self mowing.
MAINTENANCE: As to the maintenance and appearance of
each lot, no unlicensed vehicles (a motor vehicle approved
for highway use); building or out-buildings needing repairs;
boats without current membership stickers; unsafe and
unsightly boat docks; brush; trash; or general rubbish shall
not be allowed to accumulate.
STORED BOATS: All boats stored on lots unstickered for
more than three years, will be subject to a minimum fine of
$50.00.
SWIMMING POOL RULES AND
REGULATIONS
USE
OF THE POOL — Lot owners and their guests must abide by
the following pool rules:
1.
The Association is not responsible for accidents.
2. The Association reserves the right to refuse
admittance to anyone.
3. The Association reserves the right to limit the
number of guests.
4. Property owners must check in their guests in person
unless guest has a guest pass.
5. Children under 8 must be accompanied by an adult
unless child can present advanced swimming card.
6. No toys, rafts or tubes shall be allowed that are
large enough to obstruct the view of the life guards.
7. No person shall take, transport, possess or allow to
be taken, transported, or possessed inside the swimming
pool gates, any alcoholic beverages.
8. No running.
9. Diving at deep end of pool only.
10. No food or glass allowed in pool area.
11. No pets allowed in pool area.
12. Trash and cigarettes must be put in containers
provided.
13. No cut-off jeans allowed.
14. No private parties are permitted.
TRAFFIC RULES AND
REGULATIONS
For
the protection, safety, peace and enjoyment of all persons
within the subdivision and the orderly and considerate use
of its roads, ways, streets, paths, and accesses, the
following rules pertaining to vehicular operation and
regulations pertaining to traffic and usage of such streets,
etc. are adopted.
FAILURE TO COMPLY WITH SAFETY INSPECTION, REGISTRATION, OR
LICENSE REQUIREMENTS: All motor vehicles must comply
with the safety inspection standards, registration, and
license standards required for the operation of said vehicle
upon the public highways of the State of Missouri.
OPERATE VEHICLE WITHOUT VALID DRIVER LICENSE: The
operator of any motorized vehicle operated on the lake roads
will have a valid license, from their resident state, on
their person.
FAILURE TO WEAR APPROVED HEAD PROTECTION: All
motorcycle operator(s) and passenger(s) shall wear a
protective helmet meeting the standard requirements of the
State of Missouri
OPERATE SPECIAL PERMIT VEHICLE AFTER HOURS: Vehicles
requiring special permits shall not be operated after 10
p.m.
OPERATION OF SPECIAL PERMIT VEHICLE: The operation of
special permit vehicles is limited to designated roadways.
ATV, GOLF CARTS,FOUR WHEELERS AND ANY MOTORIZED CONVEYANCE:
1) The operator
of any motorized vehicle operated on the lake roads will
have a valid license, from their resident state, on their
person. 2) The above vehicles will display an orange flag
or slow moving vehicle sign to the year of the vehicle. If
using an orange flag it will be displayed on a pole at least
three (3) feet in length. 3) Any operator under the age of
18 years on an ATV or four wheeler will wear an approved
safety helmet. 4) Vehicles with proper headlights are
allowed on the road after dark. 5) If operating these
vehicles on the lake roadway they will be operated in a safe
and prudent manner. All roadway rules apply to these
vehicles. 6) These vehicles are not permitted on the beach
areas at any time. 7) No more occupants than what the
vehicle is designed to carry are allowed.
FAILURE TO DISPLAY SPECIAL PERMIT STICKER: No motorized
vehicle (other than conventional transportation vehicles)
shall be operated on any road, street, or way in the
subdivision without having first been registered and issued
a special permit sticker which is displayed prominently on
the forward portion of the vehicle.
OPERATE MOTOR VEHICLE WITH INADEQUATE MUFFLER: All motor
driven vehicles must have an adequate muffler or silencer.
EXCEED MAXIMUM POSTED SPEED LIMIT: The maximum speed
limit for the operation of any vehicle or conveyance upon
the roads, ways, streets, and thoroughfares of the
subdivision shall be thirty (30) miles per hour except in
those areas where additionally restricted speed limits may
be posted, whether temporary or permanent.
DRIVING UNDER INFLUENCE OF INTOXICANTS: The operation of
any motorized or non-motorized conveyance or vehicle while
under the influence of intoxicants or drugs is prohibited.
CARELESS AND IMPRUDENT DRIVING: Any motorized or
non-motorized conveyance or vehicle shall be operated in a
careful and safe and prudent manner to prevent risk of
property damage or bodily injury.
FAILURE TO DRIVE ON RIGHT HAND PORTION OF ROADWAY: All
vehicles or conveyances shall be operated on the right hand
portion of the street or way as far as practical.
FAILURE TO DRIVE ON TRAVELED PORTION OF ROADWAY: Motor
vehicles are prohibited from driving off the traveled
portion of the roadway or other areas designated as roadways
or parking areas and maintained for such purposes.
FAILURE TO DRIVE AT SPEED SAFE FOR CONDITIONS: Vehicle
operators shall reduce speeds and take additional
precautions for safety in operating their vehicles when the
streets are wet, contain mud or other slick substances,
coated with loose gravel or sand, or other such conditions
which may increase the hazards of driving.
FAILURE TO OBEY TRAFFIC CONTROL DEVICE: The operator of
any vehicle, horse, apparatus, or other conveyance upon any
street, roadway, or trail in the subdivision shall observe
and abide by all regulatory signs, signals, or devices,
whether permanent or temporary.
OBSTRUCTION OF TRAFFIC: Persons shall not obstruct,
impede, or interfere with traffic in any manner. The
depositing of items or fluids on or across the roadway, or
placing or allowing placement of signs or plant growth, or
the removal or alteration of control devices, or other
activities that interfere with the movement of traffic is
prohibited.
IMPROPER PARKING: The parking of motor vehicles on the
traveled portion of any street, road, or way within the
subdivision is prohibited except for an emergency which does
not allow immediate removal.
OPERATE MOTOR VEHICLE IN RESTRICTED AREA: Motorized
vehicles shall not travel on the north side of the dam,
spillway area, beaches and other community areas where roads
are not provided and maintained for movement of regular
travel.
IMPROPER DISPLAY OF LIGHTING, SIGNAL, OR WARNING DEVICE:
All vehicles, including motorized or non-motorized
conveyances shall display lighting, signals, or other
warning devices which are approved and required for the
State of Missouri. The illumination devices shall be aimed
to prevent interference with other traffic.
HORSE OR EQUESTRIAN IN RESTRICTED AREA: The riding,
leading or movement of horses within the subdivision shall
be over the trails and community areas, special access areas
and easements of said subdivision wherever practical and
equestrians and those utilizing horses, ponies, and other
similar animals for riding, transportation or movement of
property may be restricted to the use of such areas by the
Board of Directors.
EQUESTRIAN FAILING TO EXERCISE HIGHEST DEGREE OF CARE:
Horses and equestrians may use the roads, ways, and streets
of said subdivision when it is impractical to use the trails
and community areas in the respective areas of said
subdivision, but in so using said roads, ways or streets,
horses shall be ridden or led on or as close to the right
hand shoulder of the roads, streets, or ways and easements
as practical and in no instance shall be ridden or led more
than two abreast. Extreme caution shall be exercised in the
riding or leading of horses in consideration of other
vehicular traffic.
IMPROPER USE OF HORSES FROM DUSK TO DAWN: No horses
shall be ridden or led along any roadway or street of the
subdivision from dusk to dawn without appropriate lights and
reflectors and warning signs preceding the first and
following the last horse being so utilized.
FAILURE TO DISPLAY PROPER LIGHTING ON NON-MOTORIZED VEHICLE:
No bicycle, monocycle or tricycle shall be operated on the
roads, streets, or ways within the subdivision from dusk to
dawn without appropriate front and rear lights and front and
rear reflectors.
UNAUTHORIZED CONVEYANCE OR TOY ON ROADWAY: Skate boards,
tricycles, scooters, sleds, or other children’s toys are not
allowed on the roads, streets, or ways within the
subdivision.
OPERATE IMPROPERLY EQUIPPED NON-MOTORIZED CONVEYANCE: In
the event any bicycle, monocycle, or tricycle is operated
upon any road, street, or way, the conveyance when
accompanied by its rider shall not extend more than sixty
(60) inches from the ground and shall bear a mast, pole or
other rigid or semi-rigid structure extending at least
seventy (70) inches from the ground into the air on which a
red or orange flag or cloth shall be affixed to the top and
serve as a sight warning to motorists and operators of other
vehicles.
IMPROPER OPERATION OF NON-MOTORIZED CONVEYANCE: All
non-motorized conveyances such as bicycles, unicycles,
3-wheeled bicycles, etc., shall be operated as far to the
right hand traveled portion of the roadway as practical, or
on the shoulder thereof, and at no time shall any such
conveyance be operated more than two abreast on any street,
road, or way within the subdivision.
GENERAL ORDER RULES AND
REGULATIONS
ASSOCIATION BUOYS: Anyone caught moving Association
buoys will be issued a $500.00 Infraction fine.
LIFE PRESERVERS ON CHILDREN: Any child, eight (8) years
of age or younger, shall wear an approved life preserver
while on a watercraft or at any time such child shall be
within 50 feet of the waters of Lake Viking. This includes
private lots, beaches, community areas, and Marina. Such
life preserver shall be, at least, Type I, II or III U.S.
Coast Guard approved flotation device which suitably fits
the child. An Infraction Ticket in the amount of $150.00
will be automatically issued for violation of failure to
provide life preservers on children.
DESIGNATED SWIMMING AREAS: Swimming is permitted only
within fifty (50) feet of shore, developed swimming areas or
behind buoys located in coves. There shall be no swimming
from Association pier docks.
FREE FLOATING SWIM PLATFORMS: All free floating swim
platforms must be brought in at dusk.
PERSONAL BUOYS: Only manufactured-type markers may be
used. All personal buoys must be placed seventy-five (75)
feet from the shoreline.
FAILURE TO REMOVE HAZARD OR OBSTRUCTION: Any partly
submerged items such as boats, docks, barrels, structures,
or other obstruction must be removed within ten (10) days
after written notice at the owner’s expense. Failure to
comply may result in an infraction citation and member being
charged for removal by lake personnel or outside
contractors.
FAILURE TO ENTER OR REMAIN AFTER CURFEW: Persons are
prohibited from entering or remaining in restricted areas
after or between periods as imposed by the Board of
Directors. These areas include beaches, pools, or other
Association property as may be designated.
MALICIOUS INTENT: Any member or guest caught destroying
Association or other members’ property shall be denied lake
privileges for no less than one year, from Infraction, or
until restitution for damage has been made in full.
OBEY DIRECTIONS OF OFFICER: All persons shall stop,
furnish and display appropriate papers, credentials,
registration, identification, or other documents or
equipment as may be directed or requested by the security
officers and agents of the Association.
INTERFERE WITH OFFICER: Interference with the officer in
any manner is prohibited. Activities determined to be
interference include but are not limited to loud and abusive
language, restrictions of movement, antagonistic noise or
language, threatening actions, physical contact, throwing
projectiles, refusal to disperse, filing false report, or
any other activity which hinders or interferes with the
officer in the performance of his duties.
DISORDERLY CONDUCT OR PEACE DISTURBANCE: Persons are
prohibited from performing any act or encouraging or
allowing any act, which disturbs the peace of another. These
acts include such activities as aggressive conduct which
causes fear or apprehension, threat of injury or property
damage, loud and abusive or vulgar language which offends
another person, actions or lack of actions which interfere
with normal movement, loud and offensive noise which
disturbs another person, or any activity or lack of activity
which causes personal injury or property damage.
TRESPASS: It is prohibited to enter onto or remain on
another property owner’s real property without that property
owners consent or knowledge.
THEFT: Any person who appropriates property of service
of another with the purpose to deprive the other thereof
either without his or her consent or by means of deceit or
coercion.
MINOR IN POSSESSION OF INTOXICANTS: Persons who have not
yet reached their twenty-first birthday are prohibited from
possessing or consuming intoxicating or alcoholic beverages
within the Lake Viking subdivision.
UNAUTHORIZED PARKING: No unauthorized overnight parking
on Association-owned property.
LITTERING: Littering of bottles, cans, paper, trash,
garbage, rubbish, debris, or other discarded items is
prohibited within the subdivision including the lake waters
and drainage areas. Violators will be fined $250.00
CAMPING OR SLEEPING ON UNIMPROVED LOTS: Overnight
sleeping or camping will not be allowed on unimproved lots.
Campers may be parked on an unimproved lot from sunup to
sundown only. Campers or motor homes not removed by sundown
will be subject to a fine.
CAMPING ON IMPROVED LOTS: Tents or camping vehicles(RV’s,
campers pop-up campers, motor homes) camping will be allowed
on improved lots with a time limit of 14 days for the
camping vehicles that are occupied. Only two camping
vehicles will be allowed on the improved lot. The lot owner
must sign in with the office prior to the camping vehicles
being occupied, so security will be able to check the time
limit.
HUNTING OR SHOOTING WITHIN SUBDIVISION: No hunting or
shooting is allowed on the property of Lake Viking and
subdivision therein, except an Association controlled goose
harvest or deer hunt.
FOR
SALE SIGNS ON DEVELOPED LOTS: Only one “For Sale By
Owner” or “House for Sale” or “For Sale” or “Realtor for
Sale” sign can be placed on a lot with a dwelling(s). You
can not have both. One “Open House Sign” may be placed on
lots with dwellings. This sign may only be displayed during
the posted hours of the open house. Sign must be removed
immediately at the end of the open house. No open house
sign shall be in place on the property for more than 24
hours. The member or REALTOR®/Agent must obtain and sign a
written permission authorization form for each lot that a
sign will be placed. This form must be signed by the home
owner and Association representative and on file at the
Association office before the sign is placed on the lot. No
signs shall be placed on unimproved lots except for those
required for lot identification and emergency purposes. All
signs on lots zoned for commercial business shall be
approved by the Board of Directors. Property owner and/or
listing agent will insure that each party has a copy of the
form. No flags, balloons, banners, lights or similar toys
selling aids will be allowed in conjunction with the sale of
property and only one information tube will allowed and
attached to the Realtors sign.
USE
OF FIREWORKS: Only consumer grade fireworks may be shot
off on July 3rd, 4th and 5th with a 12:00 a.m. curfew unless
otherwise stated by the Board. Class B, 1.3, public display
fireworks or any fireworks that require an ATF license to
purchase will not be allowed.
CONGREGATION OR CONGESTION OF MIGRATORY WATERFOWL:
Members shall not create any condition, such as feeding, or
allow any condition to exist, which results in a
congregation or congestion of migratory waterfowl, which
results in an accumulation of waterfowl feces, or droppings.
Migratory Waterfowl shall include those species of birds
commonly known as swans, geese, brants, river and sea ducks,
and any other waterfowls falling under the jurisdiction of
the U.S. Department of Interior, Fish and Wildlife Service,
Missouri Conservation Commission, or otherwise defined by
the Board as migratory waterfowl.
SMOKING IN CLUBHOUSE: At annual, special and regular
board meetings, there will be no smoking in the clubhouse.
BURNING: There shall be no burning when the wind is in
excess of 15 mph. Burning infraction tickets are subject to
a fine. Anytime you are burning brush, etc on your property
make certain you are burning on your property and not
someone else’s property.
OUTSIDE TOILETS: No toilets of any kind (including
porta potties) will be allowed in sheds, shelters, boat
docks, boat houses or similar structures. No waste shall be
permitted to enter Lake Viking. The exception is the rule
regarding Temporary Portable Toilets at Lake Residences.
TEMPORARY PORTABLE TOILETS AT LAKE RESIDENCES:
Completely contained portable toilets on a temporary basis
will be allowed with the following stipulations:
a)
Option to place temporary portable toilets will be limited
to homes already having approved waste disposal systems, and
new construction sites.
b)
Homeowners desiring to use such services will be required to
pay a $25.00 flat fee per occurrence and provide such
documentation to the Association office prior to the
placement of any portable toilet at their residence.
c)
Vendors providing temporary portable toilet services will be
required to provide the Association proof of insurance and
state license for disposal of waste.
d)
Placement and removal of temporary portable toilets shall
not span more than seven consecutive days.
e) A
limit of one portable toilet will be tagged and monitored by
Security to insure compliance with the time and date
requirements.
f) A
limit of one portable toilet per approved location will be
enforced.
g)
Violations will be subject to a minimum fine of $100 per day
per occurrence, subject to prevailing infraction and appeal
processes.
911 ADDRESS AND LOT NUMBERS
TO BE DISPLAYED:
Phase
I.
a)
All dwelling owners (houses, mobile homes and dwellings
of a similar construction) will have their 911 addresses
and their lot number prominently displayed so that it is
clearly visible from the roadway.
b)
Lettering and numbering needs to be at least 3 inches
high and sign colors need to be contrasting colors so
the sign is easily read.
c)
Owners having multiple adjoining lots may include all
lot numbers on the sign at the principle residence.
f)
Failure to comply will result in the issuance of a
ticket and appearance before the Infraction Committee.
Phase
II.
a)
Lots with structures (shelters, sheds, boat or swimming
docks, decks, etc.) will have their lot number(s)
prominently displayed so that it clearly visible from
the water (on lake front lots) and from the road way.
b)
All lake front dwellings will have their lot numbers
clearly visible from the water.
TRASH SERVICE AND USE OF
ASSOCIATION DUMPSTERS
a)
Property owners and/or their guests are not allowed to place
trash in the dumpsters. Signs are posted at each dumpster
site stating who may use them. Violators will be fined
$100. A lot owner from time to time may have cause to dump
trash in an Association dumpster. He or she may do so,
providing they can produce a document showing that they have
paid for trash service.
b) All
trash put out the day prior to scheduled pick-up date must
be placed in a container with a closeable/sealable lid.
c)
Each lot with a house or commercial building must pay for
trash service to the trash removal company providing the
service. Full time residents will pay for 12 months of trash
service and weekend or part-time residents will pay for 6
months of trash service (April 1 through September 30)
d)
Other lot owners who don’t have a dwelling or campground
site could buy a card at the Association office for $25.00
allowing them to dump their trash in a dumpster. Information
is available at the Association office.
e)
Billing and collection of the fees for trash service will be
handled by the company providing the service.
f) The
Security staff will enforce compliance with the rules. |