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, updated 09/1/2020 to explain the rules and guidelines impacting University Heights No. 1 residents as set forth by the Indenture and the trustees.

Making Changes to the Indenture

Some neighbors have inquired about the process of changing our indenture, especially focusing on managing demolition and building of new homes (infill) which may not enhance our historic neighborhood. To that end, our attorney, Scott Pummel of Lashly & Baer researched the possibility of changing the indenture. Attached is his report on that research. To ensure that all residents have a clear picture of the Indenture Adjustment Process, please read this research report compiled by Lashly & Baer by clicking the link below.

Amending The Indenture, April 2021

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:

Anil Pillai  (314) 308-1288, bloggerpillai@gmail.com
Contact Anil for tree lawn, sidewalk, lights, street maintenance issues and the lock to the northeast gate.

Frank Castiglione (612) 578-5851, 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: Anil Pillai (314) 308-1288, Frank Castiglione (612) 578-5851, 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.

Architectural Standards for University Heights Subdivision No. 1 A historic neighborhood listed on the National Register of Historic Places September 2020

University Heights Subdivision No.1, founded in 1904, is one of the most important neighborhoods in the St. Louis area. Listed on the National Register of Historic Places, we are a vibrant and cohesive community celebrating visual and cultural continuity.

Through the years the trustees have been stewards of the future for this neighborhood, as have our residents. While we may glance back at our history, we must look forward also as planners for the future.

As more interest is focused on our neighborhood, the trustees recognize the need for cohesive exterior planning while retaining continuity with our historic space. In 2019 they charged University Heights architects Kevin Kerwin, Mike Jackson, Dean Smith and Rebecca Waltman to investigate these standards. After a year of research and exploration, the Architectural Review Committee (ARC) presented the University Heights Subdivision #1 Historic District Architectural Standards. These standards are based on the subdivision trust document, the City of University City code structure, investigation of other University City private subdivisions and our architects’ experiences creating structures for appropriate space.

This document is a guide for property owners, developers and architects to study and use before the design process begins. We are not a cookie-cutter neighborhood and the trustees support that diversity. We also guide development to honor our history and still foster personal style.

ARC Guiding Principles: The mission of the Architectural Review Committee (ARC) is to preserve and enhance the University Heights Subdivision No. 1’s, unique residential heritage and aesthetic attributes.

It is the goal of this committee, and a goal expressly supported by the subdivision’s trustees, that initiators of residential projects involving the exterior of buildings and their sites seek ARC counsel at an early stage and collaborate with the committee in bringing out the harmonious and subdivision-enhancing best - in each project, including in its implementation phase. We

approach each project with a flexibility, compatible with the rich architectural diversity within the overall unity already evident in our subdivision. In so doing, we would be remiss if we were to neglect to mandate the rethinking of projects blatantly antithetical to that harmonious unity, and thus injurious to it.

Through the approach to preserve and enhance our overall neighborhood aesthetic level, we pledge to devote to each proposed project an understanding toward both its proponent and its intended function. This approach results in happy “both/and” solutions, solutions often better than the initial opening concepts.

These standards have been developed through this lens and all required interpretations of these STANDARDS shall be the sole responsibility of the ARC.

Architectural Standards Download