Article V, Section O of the Indentures provides:

“Nothing shall be parked or stored on common property. Homeowners may not mow grass, trim trees, plant, provide maintenance, or otherwise alter common property without the written consent of the majority of the Board of Governors on an annual basis. The Board of Governors reserves the right to revoke such consent.”

Accordingly, any use, maintenance, landscaping, planting, mowing, trimming, storage, or other alteration of HOA common property requires prior written consent of the majority of the Board of Governors, and such consent—if granted—is valid only for the specific calendar year in which it is issued.

If approved, this form will be returned by a Board member with a signature of a Board member which will constitute written permission. This permission will then be valid for the calendar year in which you request it.  Permissions will expire on December 31st of every calendar year. 

You may fill out the below form, or applications can be downloaded and emailed to info@townesouth.org, or mailed to Towne South HOA, 12430 Tesson Ferry Road, Box 125, St. Louis, MO 63128.

By submitting and agreeing to this application for permissible use, the Board of Governors and the above homeowner(s) agree:

1.      Any use, maintenance, mowing, landscaping, fencing, storage, or improvement of Common Property by a Lot Owner shall be deemed permissive only, shall not be adverse, and shall not ripen into any ownership interest, easement, or prescriptive right, regardless of duration.

2.      No Lot Owner, occupant, or successor in interest may acquire any right, title, or interest in Common Property by adverse possession, prescription, acquiescence, or lapse of time, and all such claims are expressly waived.

3.      No portion of the Common Property may be fenced, enclosed, appropriated, or used in a manner that excludes other Members or the Association.

4.      No Lot Owner may perform maintenance or improvements upon Common Property without the prior written consent of the Board, which shall be revocable at any time and expire annually unless renewed in writing.

5.      No boundary or property line shall be altered by acquiescence, practical location, or long-standing use.

6.      The Association’s failure to maintain, improve, or actively use Common Property shall not constitute abandonment, waiver, or consent to adverse use.

7.      The Association reserves the right to enter Common Property at any time to remove fences, landscaping, or improvements installed without authorization.

8.      Common Property is owned by the Association for the benefit of all Members and is not subject to exclusive possession by any individual Lot Owner.