Subdivision Trust Indentures
A subdivision trust indenture sets out the physical boundaries of the subdivision, describes the responsibilities and powers of the association, and details the rules and procedures by which the subdivision operates. Indentures are in place to protect the aesthetics and value of a neighborhood.
Indentures are legally-binding, recorded documents recognized by the State of Missouri and recorded with the St. Louis County Recorder of Deeds Office.
Indentures also dictate the process for electing subdivision trustees. Working under the constraints of the indenture, trustees oversee the collection of annual and special assessments, and oversee the maintenance of the subdivision.
Components of a Typical Indenture
- Amendment provisions
- Annual and special assessments
- Architectural control / design review
- Definitions of key terms
- Delinquent assessments and remedies
- Duration of indenture
- Finance and borrowing provisions
- General provisions
- Maintenance and services provided
- Membership and voting rights
- Powers and duties of trustees
- Rights and responsibilities of association
- Use restrictions
Acquiring Subdivision Indenture Copies
Whether a subdivision is in an unincorporated area or a municipality, one can acquire copies of the subdivision's indentures from the St. Louis County Department of Revenue Recorder of Deeds Office by calling 314-615-2500.
Many subdivision associations are finding that their indentures are becoming outdated or lack certain provisions. For example, it is recommended that subdivision indentures have more detailed borrowing provisions, which would allow the association to get loans. Also, many subdivision associations have difficulties when it comes to amending their indentures, making it important to have a solid amendment provision within their indenture.
Indentures are legally binding and an attorney should assist with drafting such documents. When drafting indentures for the first time or when making amendments to an existing indenture, review by the City of Wildwood's Department of Planning is required to ensure the instrument minimally complies with municipal codes and regulations. The draft document should be submitted to the city, with the preparing legal counsel's opinion stating said compliance, to obtain a letter of recordation.
Once recorded, it will be enforceable by the trustee association, as well as conform to State of Missouri and municipal regulations.