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(Revised December 17, 1991)
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.
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.
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.
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.
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.
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.
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.
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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