The Indenture & The Board of Trustees

 

University Heights Indenture and Trust Agreement

In 1905, an Indenture and Trust Agreement (the "Original Trust") was created to shape and preserve the character of our subdivision.  The Indenture describes what constitutes the property of University Heights (for instance, the streets, easements, Common Areas, etc.). It also provides for our annual assessments, special assessments, and defines the fiduciary responsibilities of the Board of Trustees (commonly referred to as "the Trustees"). 

The Declaration of Trust and Agreement from 2001, the Trust Annotated with Amendments through November 1, 2006 and a Chronology of Known Documents Affecting the Trust as of November 1, 2006 are available for download (PDF) on this website. The Original Trust can be found in the records of the St. Louis County Recorder of Deeds.

In January 2019, the trustees Mark Harvey, Morton (Morty) Hyman, and Myra Vandersal created the document, A Guide to Life in University Heights Subdivision No. 1 Created by the trustees, 1/1/2019 to explain the rules and guidelines impacting University Heights No. 1 residents as set forth by the Indenture and the trustees.

University Heights Board of Trustees

Our Indenture and Trust Agreement wisely included a provision for a three-person Board of Trustees to be the stewards of our neighborhood and the legal authority for maintaining University Heights as a private subdivision. Our trustees are unpaid volunteers, serve six year staggered terms, and are elected by residential lot owners in annual meetings. There is no limit to the number of terms a trustee may serve.

In addition to collecting assessments and managing the maintenance of University Heights property, the trustees manage the observance of the Indenture. For instance, our trustees ensure that our indenture-defined rules are followed in improvement of personal properties within the subdivision, and ensure that developers and municipal authorities comply with the Indenture. 

Our Current Board of Trustees:

Mark Harvey (314) 398-7485, markcharvey@sbcglobal.net
Contact Mark for tree lawn, sidewalk, lights, street maintenance issues and the lock to the northeast gate.

Frank Castiglione (612) 578-5852, f.castiglione@liftxl.com   
Contact Frank for legal and government relations issues, and the lock to the northeast gate.

Myra Vandersall (314) 518-1451, myravandersall@gmail.com    
Contact Myra for assessments, real estate, other financial issues, and the lock to the northeast gate. Myra is our liaison to our accounting firm, DNI.

Annual Assessment and Special Assessments

As mentioned above, the Indenture and Trust Agreement provides for an annual assessment and special assessments.  The annual assessment is collected from neighborhood lot owners to fund the maintenance and services for our neighborhood. This required annual fee is assessed to each property owner based on the front footage of the property, and is due by December 31st of each year. Late payments are subject to interest and missed payments become a lien against the property. 

Special assessments may, from time to time, be agreed upon by a majority vote of the property owners. In 2015 the trustees were authorized to assess for no more than $50,000 additional dollars each year for up to five successive years for the purpose of defending our Indenture. The first of these special assessments will occur in June 2016. In January 2019, trustee Mark Harvey, authored a document, Trustees’ Explanation for Continuing Special Assessment summarizing the results of the 2015 vote and why the trustees believe the special assessment should continue in 2019 and 2020. The document also explains that the trustees “have decided to allow the property owners to vote for a cancellation of this special assessment…if a motion is made in writing at least 30 days before this or next year's annual meeting, and at least 51% of our property owners vote to cancel the special assessment (present or by notarized proxy), then the special assessment will be cancelled for any remaining year(s.)”

Maintenance and Services Paid for by our Annual Assessments and Managed by the Trustees on Our Behalf:

Maintenance of Subdivision Streets, Sidewalks, Curbs, and Driveway Aprons

This includes repairing and paving the streets; repairing and when necessary, replacing sidewalks, curbs, and driveway aprons. Additionally, trustees are responsible for maintaining the ornamental lights at street intersections, all metal signs, the entry marker in Lewis Park; planting, pruning, and trimming of trees growing in the tree lawn; and snow removal and salting of streets. (Note that residents are responsible for watering and mowing grass, watering trees on the tree lawn, and snow removal on sidewalks. The trustees also request that residents do not prune or trim the trees on our tree lawn).

If you notice a tree limb down, please contact one of the trustees. 

Maintenance of Common Grounds of the Neighborhood

Our common ground areas are Central Park and Bridge Park. Central Park is the vacant lot at the corner of Columbia and Radcliffe. This lot is available for resident play and community activities. Bridge Park is at the foot of Harvard and Dartmouth and is primarily used as a passageway to Vernon and Kingsland. Contact any of the Trustees: Mark Harvey (314) 398-7485, Frank Castiglione (612) 578-5852, or Myra Vandersall (314) 518-1451 to receive the code for the gate at the end of Bridge Park.

Interpretation and Defense of the Company Indenture

If needed, the trustees are responsible for speaking with and hiring legal counsel on our behalf.