Governing Documents Section

On this Page are the PDF versions of the documents by which the Berkshire Villas Homes Association is governed and by which each homeowner must abide. These documents are also referred to as the "CC&R's" (Covenants, Conditions, and Restrictions), the "Declarations and Restrictions", or as the "Covenants". The Declarations (for both the Homes and the Villas Associations) as well as the Restrictions for both Associations are considered to "run with the land" and are therefore agreed upon, signed, and notarized by each homeowner, then kept on file at the Johnson County Courthouse after the closing of each home purchase. The following is a brief description of each of document:

1) The Amended and Restated Bylaws of the Berkshire Villas Homes Association - this document states how the Berkshire Villas Homes Association operates. The Berkshire Homes Association has its own Bylaws and the Villas Bylaws were updated in 2009.

2) The Declarations of Restrictions for Berkshire Villas Homes Association - this document, commonly called the "Restrictions" states what its members should and should not do concerning their homes, their landscape, and any related improvements. The Berkshire Homes Association has its own "Restrictions" and the Villas Restrictions were amended and updated in 2008.

3) The Berkshire Homes Association Declarations - this is a document that is shared by the Berkshire Homes and the Berkshire Villas Associations therefore, to amend this document, a 2/3 majority of both the Villas and the Homes membership (residents) is required. This document defines the responsibilities of the Homes, the Villas, and their respective membership and has never been amended or updated since it was adopted in 1985. According to attorneys Hoffman and Brack in places this document is either outdated, ambiguous, or incorrect. There have been attempts through the years to get this document amended and updated, but those attempts have thus far been unsuccessful. Some feel that the associations could spend a lot money, time, and effort to get this document amended and updated only to have it fail the 2/3 majority of the memberships required to adopt it. As a result, the Associations have struggled to comply with and understand this document over the years.

4) The Cost Sharing Agreement - this document went into effect in 2018 to clarify and restate some maintenance responsibilities between the Berkshire Homes Association and the Berkshire Villas Homes Association as stated in the Berkshire Homes Associations Declarations. Those maintenance responsibilities relate to Tracts A and B (the 2 islands within the Villas) and what is now referred to as the "Berm on Roe" along the East side of Roe Avenue South of the 124th Street entrance to Berkshire.

5) The 2011 Uniform Common Interest Owners Bill of Rights Act (UCIOBRA for short and is commonly called The Kansas Homeowners Bill of Rights Act) - this is a Kansas law that went into effect in 2011 and it sets specific conditions that Homeowners Associations (HOA's) must follow relating to open meetings, notices that must be given to the membership, and other specific rights given to the members of all HOA's in the state of Kansas.

6) The Hoffman Summary of the Kansas Homeowners Bill of Rights Act and
7) The Professor Davis' Checklist of the Kansas Homeowners Bill of Rights Act - These last 2 documents have been written with the intent of simplifying the Kansas Homeowners Bill of Rights Act in order to make it easier for HOA's and their membership to understand, follow, and to comply with the Act . These documents may be downloaded, viewed, and printed if so desired by clicking on their PDF files below.