Rules & Regulations

02/26/17

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Rules and Regulations

of

Rolling Knolls Estates Association

Part I - Definitions

Part II - Policies and Procedures Regarding Enforcement

Part III - General Rules

Part IV - Rules Regarding the Use, Administration and Appearance of the Property

Part V - Rules Regarding Pets

Part VI - Vehicle Regulations

Part VII - Rules Regarding the Closing and Transfer of Ownership

Part VIII - Rules Related to Leases, Tenants and Non-Resident Lot Owners

 

(Revised December 17, 1991)

 I     DEFINITIONS

In the event a term is used in the Rules which is not defined anywhere herein, its definition shall be determined by referring in the order which follows, to its definition as used either in the Condominium Property Act, the Declaration, or in the By-Laws, or in its common usage within the Association, or in its commonly understood meaning as indicated both by the context in which it is found and by its dictionary definition, wherever it first may be found.

A.     Declaration – The Declaration of Covenants and Restrictions of Rolling Knolls Estates Homeowner’s Association, which was recorded in the Office of the Recorder of Deeds of Cook County, Illinois as Document No. 24602953, and as amended from time to time thereafter.

B.     By-Laws – The By-Laws of Rolling Knolls Estates Homeowner’s Association, and as amended from time to time thereafter.

C.     Property – All the real property against which the Declaration has been recorded, including any improvements thereon.

D.     Act – The Illinois Condominium Property Act, as amended from time to time.

E.     Association – Rolling Knolls Estates Homeowner’s Association, an Illinois Not-For-Profit Corporation.

F.     Board – The Board of Directors of the Association.

G.     Rules or Rules and Regulations – The Rules and Regulations of the Association, as adopted pursuant to the powers available to the Association and the Board.

H.     Common Elements – The Common Elements of the Association as defined in the Act and the Declaration.

I.      Lot – A portion of the Property, which is owned exclusively by an Owner.

J.      Owner – The owner or owners of a Lot, as revealed by the public records, including a Contract Seller and excluding a Contract Purchaser, unless expressly provided otherwise by the Declaration or by state law.  Where the Owner is a trust, the beneficial owner of the trust and any person having the exclusive power of direction over the trust, shall be deemed to have personal responsibility for the Lot to the same extent as if title to the property were held in the name of such person or persons.

K.      Member or Member of the Association – A Lot Owner

L.      Resident – Any person who resides on the Property, including the families of Owners and tenants of Owners and including an Owner if the context so indicates.

M.     Common Expense or Assessment – Any amount which the Board may assess or levy against an Owner, either individually or collectively, including regular monthly assessment, special assessments, and charges or expenses or assessments which are levied pursuant to the Declaration, By-Laws or the Rules and Regulations.

N.      Managing Agent or Manager – The person or entity, if any, which has been employed by the Association to manage the day-to-day administration of the Property in the manner directed by the Board.

O.      Permitted Vehicles – Passenger-type automobiles in a fully drivable and operable condition having no more than four entry doors and specifically excluding limousines or hearses whether or not used for personal purposes and motorcycles, provided that each of the foregoing is registered and licensed to be ridden on public roads and highways.

P.       Emergency Vehicles – Permitted Vehicles, provided that each of the foregoing is being utilized for emergency purposes for the health and welfare of the Owners, Residents and other persons on the Property.

Q.      Non-Permitted Vehicles – All vehicles other than those defined above as Permitted Vehicles or Emergency Vehicles.

R.      Abandoned Vehicles – Any vehicle which is in a state of disrepair rendering it incapable of being driven in its present condition; and which has not been used or moved for at least seven (7) consecutive days.

S.      Committee – Shall mean the Architectural Review Committee.

 II    POLICIES AND PROCEDURES REGARDING ENFORCEMENT

 A.     Any complaint, which alleges a violation of the Declaration, By-Laws or Rules and Regulations, shall be made in writing and shall contain substantially the same information as that set forth in the Witness Statement attached hereto as Exhibit A.  At a minimum, the complaint shall set forth: 

1.     The name, address and phone number of the complaining witness

2.     The Lot Owner’s name, address of the Lot where the person or Resident complained of resides.

3.     The specific details or description of the violation, including the data, time and location where the violation occurred.

4.     A statement by the complaining witness that he or she will cooperate in the enforcement procedures and will provide testimony at any hearings or trial which may be necessary.

5.     The signature and address of the complaining witness and the date on which the complaint is made.

The Association recommends that photographs or tape recording be taken, if possible, to illustrate the nature of the violation.  Any such photographs or tapes should be sent with the Witness Statement or forwarded as soon as possible.  The name of the person who took the photographs or made the tape and the date on which it was taken or made should be included.

 B.     When a complaint is made, pursuant to the above, the Lot Owner shall be notified of the alleged violation by the Association or its duly authorized agents.  The notification shall be in a manner prescribed by the Board in a form similar to that which is attached hereto as Exhibit B (hereafter “Notice of Violation”).

In the event the alleged violation is not the first violation by the Lot Owner, or in the event the violation is such that serious, immediate or irreparable consequences may occur by delay, the Board may elect to forward the matter to the Association’s attorney for appropriate action.  All legal expenses and costs incurred will be assessed to the Lot Owner’s account, if the Lot Owner is found guilty of the violation.

The Association’s attorney, if contacted regarding the violation, shall send such notices, make such demands or take such actions as are necessary to protect the interests of the Association in accordance with the provisions or the Declaration, By-Laws or Rules and Regulations of the Association.

C.      If any Lot Owner charged with a violation either believes that no violation has occurred or that he has been wrongfully or unjustly charged hereunder, the Lot Owner must proceed as follows:

1.    Within twenty-one (21) days after the Notice of Violation has been served on the Lot Owner pursuant to the provisions herein, the Lot Owner must submit, in writing, a request for a hearing concerning the violation.  A hearing may be requested by completing the Request for Hearing form, which is attached to the Notice of Violation, and by returning it to the Association.

2.    If a request for a hearing is filed, a hearing on the complaint shall be held before the Board.  The hearing shall be conducted no later than six (6) weeks after delivery of the written request.

3.    At any such hearing, the Board shall hear and consider arguments, evidence or statements regarding the alleged violation, first from any person or persons having direct knowledge of the alleged violation and then from the alleged violator and any witnesses on his behalf.  Following a hearing and due consideration, the Board shall issue its determination regarding the alleged violation.  The decision of the Board shall be made by majority vote and shall be final and binding on the Lot Owner and the Association. 

4.    Payment of any assessments, charges, costs or expenses made pursuant to the provisions contained herein shall not become due and owing until the Board has completed its determination.  Notification of the Board’s determination shall be made in a form similar to that which is attached hereto as Exhibit C.

 D.     If no request for a hearing is filed within twenty-one (21) days, a hearing will be considered waived, the allegations in the Notice of Violation shall be deemed admitted by default, and appropriate sanctions shall be imposed.  The Lot Owner shall be notified by the Association of any such determination using the same form and in the same manner as if a hearing had been conducted by the Board.

 E.     If a Lot Owner is found to have violated personally or is otherwise liable for a violation of any of the provisions of the Declaration, By-Laws or Rules and Regulations of the Association, the following shall occur:

1.    If found to be guilty of a first violation of a given provision of the Declaration, By-Laws or Rules and Regulations, the Lot Owner shall be notified of the finding by the Association by its Board that a first violation has occurred.  The first violation, at the discretion of the Board, may be considered a warning that, if any further violations occur, a fine for the violation will be imposed.  In the alternative, the Board may elect to assess a fine, after considering factors including but not limited to the length of time the regulation has been in effect, the length of time the violator has resided on the property, whether the violation was committed by the Lot Owner, and if not, the extent of control the Lot Owner had or should have had over the violator’s conduct, the familiarity of the violator with the regulation, the severity of the violation and other appropriate factors.  In addition, any legal expenses incurred by the Association of any actual damages repaired at the Association’s expense may be imposed.

2.    If found to be guilty of a second violation or continuing violation of the same provision of the Declaration, By-Laws or Rules and Regulations, the Lot Owner shall be notified of the finding by the Association of its duly authorized agent.  The Lot Owner shall also be assessed a fine.

3.    Where a fine is imposed, it shall be in the amount of One-Hundred Dollars ($100.00) for single incidents of violation or the sum of Twenty-Five Dollars ($25.00) per day for a violation of a continuing nature.  A FINE FOR A VIOLATION OF A CONTINUING NATURE SHALL BE DEEMED A SINGLE INCIDENT WITH A FINE IMPOSED EACH DAY THE VIOLATION HAS NOT BEEN ELIMINATED AND THE ASSOCIATION HAS RECEIVED NOTICE OF IT.

4.    If found to be guilty of any violation, including a first violation, the notice of determination may also require the Lot Owner to correct any damage or any unauthorized condition on the Property for which the Lot Owner has been found responsible, to pay the costs of any repairs which has previously been made, or to pay any legal expenses and costs incurred by the Association as a result of the violation.

5.    In the event any violation has resulted in damage to any Common Property, which has not yet been repaired, or has resulted in any damage or any unauthorized condition on the Property, the Lot Owner will be given two Notices of Violation to correct the damage or architectural violation.  If the damage or violation has not been corrected within fourteen (14) days after a finding of guilty has been made on the second violation, the Association will proceed to have the violation corrected, and the Lot Owner will be assessed for the full cost of labor and materials required.

6.    In addition to the foregoing assessment, and in order to encourage Lot Owners to correct violations at their own time and expense, and in order to compensate the Association for the administrative expenses involved in obtaining and supervising any such correction, the Association will assess any Lot Owner, who forces the Association to correct a violation, with an additional administrative charge of One-Hundred Dollars ($100.00) or five percent (5%) of the cost of labor and materials, whichever is greater.

 F.     Any Lot Owner assessed hereunder shall pay any charges imposed within thirty (30) days of notification that such charges are due.  Failure to make the payment on time shall subject the Lot Owner to all of the legal or equitable remedies necessary for the collection thereof.  All charges imposed hereunder shall be added to the Lot Owner’s account, shall become a special assessment against the Lot and shall be collectible as a Common Expense in the same manner as any regular or special assessment against the Lot.

 G.   Time is of the essence of this policy.  Notices are deemed served either:

1.    By personal delivery at the time of delivery; or

2.    By mail following two (2) days after deposit in the United State Mail, provided that the notice has been sent both by regular first class and by certified mail return receipt requested, postage prepaid, to the Lot Owner at the Lot address, or to such other address as the Lot Owner shall have previously filed with the Board, and further provided that either the return receipt has been signed and returned or that the notice sent by regular mail has not been returned to the Association undelivered.  For Lots held in trust, the notices may be sent either to the address of the trustee or to such address as had been provided to the Association by the trustee or the beneficial owner of the trust.

 H.    The remedies hereunder are not exclusive, and the Board may, in addition take any action provided at law, in equity, or in the Declaration and By-Laws to prevent or eliminate violations thereof or of the Rules and Regulations of the Association.

 III  GENERAL RULES

All rules, regulations, restrictions and covenants contained in the Declaration and By-Laws are incorporated as part of these rules and regulations and are subject to the enforcement policies set forth in the final section of these comprehensive rules and regulations.  To the extent that the provisions of applicable law, the Declaration, By-Laws or the Rule and Regulations are in conflict, the provisions of applicable law shall first control, followed by the provisions of the Declaration, the By-Laws and the Rules and Regulations, in that order.

These Rules and Regulations are binding on all Lot Owners, Residents, their families and their guests.  Exceptions to the Rules may be made only in writing, signed by the Board or its duly authorized agents following a written request by a Lot Owner.

 IV  RULES REGARDING THE USE, ADMINISTRATION AND APPEARANCE OF THE PROPERTY

A.      Alterations – No alterations of any kind may be made to the exterior portions of any building, including roofs, siding, color and the like without prior Committee approval.

B.       Antennas

1.    No television antennas of any kind may be attached or mounted to any portion of the Property unless it is done within the Owner’s residence or placed upon the rear of the resident’s roof.

2.    No CD antennas or free-standing tower antennas of any kind may be erected without prior Board approval.  Satellite dishes will be allowed only if they meet the guidelines established by the Board and receive prior Board approval.

3.     Appropriate landscaping must be performed to disguise present antennas or satellite dishes.

C.     Assessments and Collections

1.    All assessments and any special assessment or other lawful charges of the Association are due and payable by the owner of record on the first day of the specified month.  Any payment of the foregoing that is received after the fifth (5th) day of the month shall be considered late.  In the event that a house or lot is sold, all assessment and fines due to late payment will be due from the owner of record at the time the original assessment was made.  All payments received will be applied in such matter as determined by the Board.

2.    Any payment of less than the full amount of all assessment and other charges which are due in any given year or any payment which is made late shall cause the Lot Owner to be subject to a Late Charge of Ten Dollars ($10.00) per month, which shall be added to and deemed a part of the Lot Owner’s Common Expenses.

3.    Under appropriate circumstances, the Board shall have the authority to credit back any late charges that may have been added to a Lot Owner’s account.

4.    Lot Owners who are delinquent in the payment of Common Expenses shall be subject to legal action in accordance with the provisions of the Declaration and By-Laws.  Once legal action has been commenced, all legal fees and costs will be assessed to the Lot Owner as required by the Declaration and By-Laws.

5.    Should a check for dues or special assessments be returned by the bank for insufficient fund or any fault of the Lot Owner, the Board may require that the original amount plus any bank fees incurred by the Association be collected in one lump sum.  Partial payment will not be accepted.

D.      Awning or Sunroofs - No awnings, sunroofs, canopies or shutters of any type may be installed without prior approval by the Committee

E.      Board Meetings and Association Records - Board meetings, except executive sessions as permitted by law, are open to all Lot Owners, who are encouraged to attend.  The time for Board meetings is determined by action of the Board from time to time, and appropriate notice will be provided to all Lot Owners.  As required by law, the books and records of the Association are available for the inspection of Lot Owners for any proper purpose at reasonable times, provided that reasonable advance notice is provided to the Association.

F.     Builders - The Board shall from time to time adopt rules for builders.  When any construction is to be performed on the Property, these rules must be given to contractors.

G.    Fences

1.      In order to install fencing, the Lot Owner must obtain prior Committee approval.

2.      Fencing materials shall be made of wood and left a natural color, or other color as approved by the Board.

3.      Solid wood fences shall be permitted only to surround a pool or patio area.

4.      Fencing for animals will not be permitted except as allowed within patio and pool enclosures.

5.      No fences of any type can be erected on or across any easement except with prior Committee approval.

H.     Driveways – All driveways must be black top, concrete or other material approved by the Board.

I.      Garages – Major car repair or repairs that cause any type of nuisance, fire hazard or annoyance to neighbors are prohibited.

J.      Garbage and Trash

1.    All garbage must be placed in sealed containers or sealed plastic bags so that it cannot be windblown.

2.    Containers or bags shall not be placed outside for collection any earlier than sunset of the night prior to pickup, and must be retrieved by the Owner or Resident on the day of the pickup.

3.    Any litter remaining on the ground after garbage pickup should be removed by the Lot Owner responsible.

4.    Garbage containers must be kept indoors at all times other than for pickup.

5.    All construction debris must be disposed of weekly or as necessary.

K.      Landscaping

1.    Owners of vacant lots must arrange for mowing by July 1 and September 1 each year.

2.    Owners must install some type of lawn (either seeded or sodded) within one year of occupancy.

3.    Trees and shrubbery, once determined to be dead, shall be removed promptly.

L.      Lighting 

1.      Prior to installing exterior lighting, the Lot Owner must obtain Board approval.

2.      All lighting on the front of homes must be directed toward the house or in a downward position.

3.      Lights on corners of homes must be directed along the house or in a downward position.

4.      Lights in the back may be directed outward.

M.     Recreational Vehicles - No snowmobiling, recreational vehicles or like vehicles can be operated within the subdivision except on the Lot Owners own Property. 

N.     Siding – The type and grade of cedar or equivalent siding must be approved by the Committee. 

O.     Security 

1.     If any suspicious activities are observed, notify the police immediately.  Write down any license numbers you observe.

2.     Please call the President of the Association so that a record of incidents may be kept for the subdivision. 

P.      Signs and Advertisements 

1.    Advertising signs for business or commercial activities are prohibited everywhere on the Property, except that “For Sale” or “For Rent” signs may be displayed.  Signs shall be limited to a maximum size of 24” x 30” unless prior approval has been given by the Board.

2.    Directional signs for open house and similar events shall not be posted any earlier than one house (1 hr.) before and must be removed no later than one hour (1 hr.) after the time of the event.

3.    Signs may not be attached to the exteriors of any building.

4.    Builder’s signs should be removed within thirty (30) days of occupancy. 

Q.     Storage

1.    No separate buildings may be erected for any type of storage except with prior Committee approval.  One (1) storage shed will be allowed per homeowner provided it meets the guidelines established by the Board and received prior Board approval.

2.    No structures can be erected on or across any easement except with prior Committee approval.

R.     Stories

1.    A story is considered to be any floor of the house that meets the requirements of the Covenants of the Association and is at least ninety percent (90%) above ground as viewed from the front of the house.

2.    All house plans, even if they appear to meet all the design rules, must be submitted to the Board for final approval.

S.      Swimming Pools

1.    Swimming pools, either in or above ground, shall be permitted only upon approval of the Committee.

2.    All swimming pools are to conform to the existing ordinances of Cook County and other governmental agencies.

 V   RULES REGARDING PETS

A.      No animals, other than dogs, cats or other animals reasonably considered to be household pets shall be raised, bred or kept anywhere on the Property, nor shall any animals be kept, bred or maintained for any commercial purpose.

B.      All pets must be leashed or restricted to a Lot Owner’s Property while outdoors.

C.     Pets shall not be permitted to defecate on any Association Property or the Property of any other resident.  Pet owners must clean up after pets immediately if any accident occurs on any Association Property.

D.     No pet shall be allowed to create a nuisance or unreasonable disturbance or to damage any Association Property or the Property of any other resident.

 VI   VEHICLE REGULATIONS

 A.     General Rules Regarding Vehicles 

1.    Parking, maintenance or storage of Non-permitted Vehicles on any portion of the Property is expressly prohibited.  However, commercial vehicles may park in permitted areas when used for their normal commercial purposes, so long as such parking is only for the period of time necessary to provide the commercial services requested by a Resident or the Association.  No permanent storage of any type of recreational or commercial vehicle is permitted.

 B.      Enforcement Vehicles 

1.    The provisions set forth herein are intended to supplement, but not replace the Covenants of Rolling Knolls Estates.

2.    In the event of a violation of these vehicle rules, the Board of its duly authorized agents shall send a Notice of Violation to the Lot Owner.  Any Parking Violation Notice under these Vehicle Regulations shall also be deemed a Notice of Violation Under the Policies and Procedures Regarding Enforcement.

Any failure to protest a Notice of Violation under these rules or failure to request a hearing shall be deemed an admission of the violation and may result in costs and expenses being assessed to the Lot Owner as set forth in the Policies and Procedures Regarding Enforcement.

3.    In addition to providing notice of any violation in accordance with the above provisions, the Board may also take any or all of the following actions:

a.      Record, to the extent possible, the vehicle identification, including license number, vehicle sticker, date of violation, type of violation and vehicle owner, if known, on a permanent record of violations, in a form similar to that which is attached hereto as Exhibit E.  All such records of violations shall be kept by the Association in a manner designated by the Board.

b.      Identify or attempt to identify the Lot Owner whose vehicle is causing the violation or whose guest or invitee is causing the violation.

c.       Identify or attempt to identify the vehicle owner, if not a Lot owner, and notify that owner of the violations.

4.    After receiving notice of a violation, the Lot Owner must follow the procedures set forth in the Policies and Procedures Regarding Enforcement, or the violation will be deemed admitted.

5.    The Board may designate one or more persons or a committee to send Notices of Violations.

VII    RULES REGARDING THE CLOSING AND TRANSFER OF OWNERSHIP

 A.     In the event of any resale of a Lot the following rules shall apply.

 B.     As required by Section 18.5 (a) of the Act, the Association shall provide the required information to any Lot Owner who requests it.  The information shall be in a form similar to that attached hereto as Exhibit F.  As required by the Act, the information shall be provided only:

1.    When requested in writing by the Lot Owner or his or her agents, and…

2.    Within thirty (30) days of the request

The Association may charge a fee in the amount of fifteen cents ($.15) per page of copy for the cost of this service, or such higher amount as may be permitted by law.

 C.     The Association shall provide any Lot Owner, upon ten (10) days notice to the Board or its authorized agents, a statement of his account setting forth the amount of any unpaid assessments and other charges due and owing from such owner.  The Association may charge a reasonable fee for this service, which is presently set at fifteen dollars ($15.00) per request.  This amount may be changed, from time to time, by the Board.

In the event a request is made which requires this information to be provided in less than the ten (10) day period, the Association will charge the Lot Owner an additional fee.  The additional fee shall be calculated by taking the difference between ten (10) days and the number of days remaining until the information must be provided and multiplying that figure by five dollars ($5.00) per day. 

When the Association is requested by a Lot Owner to provide a letter showing the status of assessments, the letter provided shall be substantially in the form set forth in Exhibit G.

D.     Anytime a lot within the Association is sold or otherwise transferred, the prospective owner shall be contacted, either directly or through the present owner, and requested to supply information essential to the Associations records and efficient functioning.  The prospective owner shall be contacted by a letter and shall be required to supply the information requested therein.  Such letter shall be substantially in the form set forth in Exhibit H.  All information supplied by the prospective owner shall be kept confidential and shall be used for Association purposes only.  In the event a Lot Owner fails to cooperate with the Board in providing the information requested in this paragraph, the Board may fine that Lot Owner until the requested information is supplied.  Furthermore, all costs and expenses of the Board in obtaining the requested information, including attorney’s fees, shall be assessed to the account of that Lot Owner.

 VIII   RULES RELATED TO LEASES, TENANTS AND NON-RESIDENT LOT OWNERS

 A.     All Lot Owners who do not reside on a Lot owned by them shall provide the Board with their permanent residence address and phone numbers where they may be reached in an emergency, both at home and at work.  Any expenses of the Board incurred in locating a Lot Owner who fails to provide such information shall be assessed to that Lot Owner as a Common Expense.  Unless otherwise provided by law, any Lot Owner who fails to provide such information shall be deemed to have waived the right to receive notices at any address other than the address of the Lot, and the Board shall not be liable for any loss, damage, injury or prejudice to the rights of any such Lot Owner caused by any delays in receiving notice resulting therefrom.

 B.      No Lot Owner may lease less than the entire Lot, nor may the Lot be leased for transient or hotel purposes.

 C.      Every lease shall be in writing and shall be subject in all respect to the provisions of the Declaration, By-Laws and Rules and Regulations of the Association

 D.      Every Lot Owner intending to lease a Lot shall give prior notice to the Board of such intention, whereupon the Board shall provide the Lot Owner a Rider, which shall be added to the lease and shall be signed by all the parties executing the lease.  The Rider shall be substantially in the form that is attached hereto as Exhibit J.

 E.      Each Lot Owner shall be responsible for providing his or her tenants with copies of the Declaration, By-Laws and Rules and Regulations.  In addition, the Association shall be given both a signed original lease and Rider to every lease of any Lot on the Property prior to the occupancy date on said lease.  Any expenses incurred by the Association in obtaining these documents shall be assessed to the Lot Owner responsible as a Common Expense.

 F.      If a tenant violates any provision of the Declaration, By-Laws or Rules and Regulations, the Board, at its discretion, shall determine what action or actions should be taken against the Lot Owner or tenant, as the case may be.  When the Board, at its discretion, determines that a violation or series of violations warrant termination of the lease, the Board may take whatever action or actions are necessary to terminate the lease.

 

 

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