AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MANSFIELD COURT TOWNHOMES HOMEOWNERS ASSOCIATION

Transcription

1 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MANSFIELD COURT TOWNHOMES HOMEOWNERS ASSOCIATION This Amended and Restated Declaration of Covenants, Conditions and Restrictions for Mansfield Court Townhomes Homeowners Association (sometimes herein referred to as the Amended and Restated Declaration or the Declaration ) is made and entered into this day of, 201, by Mansfield Court Townhomes Homeowners Association, an Illinois not-for-profit corporation (hereinafter referred to as the Association ). WITNESSETH: WHEREAS, certain real property located in the Village of Tinley Park, Cook County, Illinois, has been submitted to a certain Mansfield Court Townhomes Declaration of Covenants, Conditions, Easements and Restrictions Recorded in the office of the Recorder of Deeds of Cook County, Illinois, on April 30, 1997, as Document Number (hereinafter referred to as the Original Declaration ); and WHEREAS, the Original Declaration has been amended by the following documents Recorded in the office of the Recorder of Deeds of Cook County, Illinois: Document Numbers , , , , , , and (hereinafter collectively referred to as the Declaration Amendments ); and WHEREAS, the real property legally described in Exhibit A (incorporated herein and attached hereto) has been submitted to the Original Declaration, as amended by the Declaration Amendments; and WHEREAS, the Association administers the Property as set forth and described in the Original Declaration, as amended by the Declaration Amendments; and WHEREAS, the Association desires to amend the Original Declaration, as amended by the Declaration Amendments, in order to bring the document into conformity with the requirements of applicable law and to otherwise modify the document as set forth below; and WHEREAS, pursuant to Article Seventeen, Section 5 of the Original Declaration, the Original Declaration may be amended by an instrument signed by the Owners representing not less than sixty-seven percent (67%) of the total votes in the Association, approved by the mortgagees having at least fifty-one percent (51%) of the outstanding mortgages on the Property and approved by the Village of Tinley Park, Illinois (hereinafter sometimes referred to as the Village ); and 1

2 WHEREAS, this instrument has been signed by the Owners representing not less than sixty-seven percent (67%) of the total votes in the Association, approved by the mortgagees having at least fifty-one percent (51%) of the outstanding mortgages on the Property and approved by the Village. NOW, THEREFORE, the Declaration and the Declaration Amendments are hereby collectively amended and restated to be read, in their entirety, as follows: 1. Definitions. Certain words and terms used in this Declaration are defined as follows: a. Association - Mansfield Court Townhomes Homeowners Association, an Illinois not-for-profit corporation, and its successors and assigns. The Association is and shall remain a common interest community as defined in the Illinois Common Interest Community Association Act and Subsection 9-102(c) of the Illinois Code of Civil Procedure. b. Board - The Board of Directors of the Association as constituted at any time and from time to time. c. By-Laws - The By-Laws of Mansfield Court Townhomes Homeowners Association, which are incorporated herein and attached hereto as Exhibit B. d. Common Area - All of the Property except the Residential Lots. The Common Area shall be deemed to include all improvements now constructed or to be constructed on the Common Area, including, without limitation, landscaped areas, open areas, parking areas, sidewalks, entranceway areas, entranceway monuments and signage and underground sanitary sewer and storm water lines, pipes and facilities to the perimeter of the Property, as may be shown and designated as common areas upon the Recorded subdivision plats for the Property or any portion thereof. Without limiting the foregoing, the Common Area shall include Outlot A in Mansfield Court Unit 5, Outlot B in Mansfield Court Unit 8, Outlot C in Mansfield Court Unit 1, Outlot D in Mansfield Court Unit 11 and Outlot E in Mansfield Court Unit 13. e. Common Expenses - The proposed or actual expenses affecting the Property, including Reserves, if any, lawfully assessed by the Board. f. Occupant - A Person or Persons, other than an Owner, in possession of a Residential Lot. g. Owner - The Person or Persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a Residential Lot. 2

3 h. Person - A natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property. i. Property - The real estate legally described in Exhibit A to this Declaration, together with all improvements thereon and rights appurtenant thereto. j. Record; Recordation; Recording; Recorded - To record or have recorded in the office of the Recorder of Deeds of Cook County, Illinois. k. Reserves - Those sums paid by Owners which are separately maintained by the Board for purposes specified by the Board, this Declaration or the By-Laws. l. Residential Lots - Those portions of the Property shown and designated as residential lots upon the Recorded subdivision plats for the Property or any portion thereof and upon which one individual townhome is or may be constructed. 2. Property Subject to Declaration. The Property shall be and remain subject to this Declaration. Each grantee, purchaser under articles of agreement for deed, mortgagee, tenant under a lease permitted hereunder and any other Person having at any time any interest or estate in the Property accepts the same subject to all covenants, conditions, restrictions, easements, reservations, liens, charges, rights, benefits and privileges which are hereby granted, created, reserved or declared, the By-Laws and the Articles of Incorporation and Rules and Regulations of the Association. All impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land and shall bind and inure to the benefit of each grantee, contract purchaser, mortgagee, tenant or other Person having at any time an interest or estate in the Property in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance, installment contract, lease, mortgage, trust deed or other instrument evidencing such interest or estate in the Property. 3. Duration. Except as otherwise specifically provided herein, the covenants, conditions, restrictions, easements, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration shall be appurtenant to and shall run with and bind the Property for a period of forty (40) years from the date of Recording of this Amended and Restated Declaration, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless terminated by a Recorded instrument executed by the Owners of not less than seventy-five percent (75%) of the Residential Lots, provided, however, that no such termination shall be effective unless made and Recorded three (3) years in advance of the effective date of such termination. 3

4 4. Easements. a. Owners Access Easements. Each Owner of a Residential Lot shall have a non-exclusive perpetual easement for reasonable and customary ingress to and egress from his or her Residential Lot to any private or dedicated streets over and across any roads, driveways and walkways located on the Common Area and over and across any sidewalk constructed across the width of the front yard of any Residential Lot, which easement shall run with the land, be appurtenant to and pass with title to every Residential Lot. Certain easements of said type and for said purposes may be delineated on the subdivision plats for the Property as ingress and egress easements ; however, any such easements delineated on such subdivision plats shall not be construed as the only easements of this type. b. Easement for Encroachment. In the event that by reason of the construction, repair, reconstruction, settlement or shifting of an improvement to a Residential Lot, any improvement which is intended to service and/or constitute part of a Residential Lot shall encroach upon the Common Area or any improvement to the Common Area shall encroach upon any part of a Residential Lot, then there shall be deemed to be an easement in favor of and appurtenant to such encroaching improvement for the continuance, maintenance, repair and replacement thereof, provided, however, that in no event shall an easement for any encroachment be created in favor of any Owner if such encroachment occurred due to the intentional, willful or negligent conduct of such Owner and/or his or her agents or if such encroachment or use is detrimental to or interferes with the reasonable use and enjoyment of the Common Area. The party which is responsible for the maintenance of any encroaching improvement for which an easement for the continuance, maintenance, repair and replacement thereof is granted under this Paragraph shall continue to be responsible for the maintenance, repair and replacement of such encroaching improvement, and the party which is responsible for the maintenance of the real estate upon which such improvement encroaches shall not have the duty to maintain, repair or replace any such encroaching improvement unless otherwise provided in this Declaration. c. Driveway Easements. In certain instances, Residential Lots may have been platted in such a manner that driveways originally constructed by the developer of the Property encroach upon adjoining Residential Lots or are designed to be shared for ingress and egress. In such instances, each Owner and his or her grantees, successors and assigns shall take subject to the perpetual non-exclusive and uninterrupted right of the Owner of the adjoining Residential Lot and his or her guests, Occupants, invitees and licensees, to the customary and reasonable shared use of such driveways. The Board shall have the authority to adopt Rules and Regulations to promote the reasonable shared use of such driveways. 4

5 d. Utility Easements. (i) Easements are hereby declared and granted to all public utilities serving the property for utility purposes, including the right to lay, operate, maintain, inspect, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and equipment, electrical, cable television, other commercial entertainment, computer, or other electronic communication conduits, cables, wires, transformers, and other equipment over, under, along and on any part of the Property as and to the extent they existed on the dates of Recording of the Original Declaration and the Declaration amendments. The Property is subject to any easements set forth on the Recorded plats of subdivision for the Property. Without limiting the foregoing, the duly designated officials and employees of the Village and all other governmental entities having jurisdiction over the Property shall have an easement to enter upon, on and over the Property for the purposes of maintaining, inspecting, repairing and replacing any and all utility systems, including underground sewer water and storm water management facilities. No structures, plantings or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities in easement areas or, where applicable, obstruct, retard or change the direction in the flow of water through drainage channels in the easements. (ii) The Board may hereafter grant other or additional easements for public utility or commercial entertainment purposes or for other purposes it deems to be in the best interests of the Association and to be for the benefit of the Property over, under, along and on any portion of the Common Area, and each Owner and each mortgagee of a Residential Lot hereby grants the Board an irrevocable power of attorney coupled with an interest to execute, acknowledge and record, for and in the name of such Owner, such instruments as may be necessary or appropriate to effectuate the foregoing. Easements are also hereby declared and granted to install, lay, operate, maintain, repair and replace any pipes, wires, cables, ducts, conduits, public utility lines, commercial entertainment lines, components of communications systems or components of electronic systems, whether or not such items lie in whole or in part within the boundaries of a Residential Lot. (iii) Without limiting any other easements granted, created, reserved or declared by this Declaration, Outlot A in Mansfield Court Unit 5, Outlot B in Mansfield Court Unit 8, Outlot D in Mansfield Court Unit 4 and Outlot E in Mansfield Court Unit 4 shall remain subject to the underground pipeline easement Recorded as Document Number , as amended by Document Number e. Easement for Service Vehicles. The Village and all other governmental entities having jurisdiction over the Property are hereby granted a right of access in and through the Common Area for emergency and service vehicles and equipment, including, without limitation, fire, ambulance, public works and police vehicles and 5

6 equipment. f. Blanket Easement. A blanket easement over the Property is hereby granted in favor of the Association for the purpose of exercising its rights and performing its duties under this Declaration, the By-Laws and the Rules and Regulations of the Association. The authorized representatives of the Association or the Board, or of any manager or managing agent for the Property, and any suppliers of utilities (including, without limitation, water, sanitary and storm sewers, gas, telephone, electricity and cable television or other commercial entertainment, computer or other electronic communication services) to the Property, shall be entitled to reasonable access to, over and through the individual Residential Lots as may be required in connection with the operation, maintenance, inspection, repair or replacement of or to the Property or any equipment, facilities or fixtures affecting or serving the Property, or otherwise in furtherance of the Association s rights, duties and obligations hereunder. No Owner may take any action that would interfere with the ability of the Association to operate, administer, maintain, inspect, repair or replace the Common Area as provided herein. g. Storm Water Easement. Without limiting any covenants, conditions, restrictions, easements, reservations, liens, charges, rights, benefits and privileges which are granted, created, reserved or declared by this Declaration, a blanket easement over the Property is hereby granted in favor of the Association, the authorized representatives of the Association or the Board, or of any manager or managing agent for the Property, for the following purposes: (i) The installation, operation, maintenance, inspection, repair or replacement of downspouts serving townhomes located on Residential Lots where deemed necessary or appropriate by the Association to alleviate storm water runoff problems; and (ii) The installation, operation, maintenance, inspection, repair or replacement of underground storm water lines for connection to any downspouts serving townhomes located on Residential Lots. Such downspouts and/or storm water lines installed by the original developers of the Property or the Association shall be and remain the property of the Association and shall be maintained, repaired and replaced by the Association as the Board, in its sole discretion, deems necessary and proper. The aforesaid easement shall include reasonable rights for ingress and egress and shall be perpetual. No Owner may take any action that would interfere with any downspout or storm water line installed on the Owner s townhome or Residential Lot, or the passing of storm water through the same. 5. Ownership of the Common Area. Record title to the parcels comprising the Common Area shall be held in the name of the Association. Except in the case of merger 6

7 or consolidation of the Association, in the event of the dissolution of the Association and the termination of this Declaration as provided herein, to the extent permissible under applicable law, title to the Common Area shall be conveyed to all of the Owners as tenants in common, with equal undivided interests therein. 6. Ownership of Outlots D and E in Unit 4. Outlots D and E in Mansfield Court Unit 4 have been conveyed to the Village of Tinley Park, Illinois, and shall be operated, administered, maintained and repaired by said entity at the sole cost and expense of such entity and its successors and assigns. The covenants and restrictions contained in this Declaration shall not be binding upon the Village with regard to said Outlots D and E in Mansfield Court Unit Use of the Common Area. Each Owner and his or her agents, Occupants permitted hereunder, guests and invitees shall have the right to use the Common Area for ingress, egress, all other purposes incidental to the use and occupancy of his or her Residential Lot and such other incidental uses permitted by this Declaration and the By- Laws, which rights shall be appurtenant, run with the land, and pass with title to every Residential Lot. The use of the Common Area (including, without limitation, any common parking areas located thereon) and the rights of the Owners with respect thereto shall be subject to and governed by this Declaration, the By-Laws, the Rules and Regulations of the Association, the Articles of Incorporation of the Association, any resolutions adopted from time to time by the Board, and applicable law. Without limiting the foregoing, the Association shall have the authority to limit the number of guests who may use the Common Area and/or any facility located thereon and to charge admission or user fees deemed reasonable by the Board in its sole discretion for the use of any facility located on the Common Area (including, without limitation, common parking areas. 8. Delegation of Use of Common Area. Subject to the provisions of this Declaration, the By-Laws and the Rules and Regulations of the Association, an Owner may delegate and transfer his or her right to use and enjoy the Common Area and the improvements located thereon to tenants permitted by this Declaration and purchasers under installment contracts who reside on the Owner s Residential Lot. Any such delegation and/or transfer shall be in written form and shall provide that, while the delegation and/or transfer is in effect, the Owner shall have no right to use the Common Area and/or the improvements located thereon. A copy of such document effectuating the delegation shall be delivered to the Association in order for the delegation to become effective. 9. Easements, Leases, Licenses and Concessions. The Board shall have the authority to grant, cancel, renew and modify easements, leases, licenses, or concessions with respect to any portions of the Common Area (including, without limitation, parking areas), provided, however, that the Board shall not cancel or modify existing easements granted to the Village or public utilities without the express prior written consent of such parties. All income derived by the Association from such easements, leases, licenses, concessions or other sources shall be held and used for the benefit of the Owners 7

8 pursuant to the Declaration, the By-Laws, the Articles of Incorporation of the Association and applicable law. Each Person, by acceptance of a deed, mortgage, trust deed, other evidence of obligation, or other instrument relating to a Residential Lot, shall be deemed to grant a power coupled with an interest to the Board, as attorney-in-fact, to grant, cancel, renew or otherwise modify any easements, leases, licenses and concessions provided for in this Declaration. 10. Dedication to Public Use. The Board shall have the authority to dedicate to a public body (subject to acceptance by the public body) any portion of the Common Area for use as, or in connection with, a street, parking area, utility, detention/retention area or for other purposes. Where such a dedication is made, nothing in any law shall be construed to require that the real property taxes for every Residential Lot must be paid prior to Recordation of the instruments effectuating the dedication. Notwithstanding the foregoing, nothing contained in this Declaration shall be deemed to constitute a dedication, express or implied, of any part of the Property which has not heretofore been dedicated to or for any public use or purpose whatsoever. 11. Condemnation. a. Condemnation Proceedings. In the event of a taking or condemnation by competent authority of any part of the Common Area, the Association shall, if necessary, restore the improvements on the remaining portion of the Property to conform as closely as possible to the general design, structure and materials used with respect to the improvements as they existed before the taking or condemnation. Any proceeds or awards paid to the Association shall be applied first to the cost of any restoration, and any remaining portion of such proceeds shall be, in the sole discretion of the Board, either (i) applied to pay the Common Expenses; (ii) distributed to the Owners in equal shares; and/or (iii) used to acquire additional real estate to be used and maintained for the mutual benefit of all Owners as Common Area. Any acquisition by the Association pursuant to this Paragraph of real estate which shall become Common Area hereunder shall not become effective unless and until an amendment to this Declaration which refers to this Paragraph and legally describes the real estate affected is approved by the Board, executed by the President or other designated officer of the Association, attested to by the Secretary or other designated officer of the Association and Recorded. Each Owner hereby appoints the Association as attorney-in-fact for the purpose of representing him or her in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area or any part thereof. b. Removal of Condemned Property. In the event that part or all of the Property is taken or condemned, then the portions so taken or condemned shall be deemed to have been removed from the provisions of this Declaration, and the Association shall execute and Record an instrument amending this Declaration (approved by the Board, executed by the President or other designated officer of the 8

9 Association and attested to by the Secretary or other designated officer of the Association), effective as of the date of the taking or condemnation, to reflect the removal of said portions of the Property as a result of an occurrence covered by this Paragraph. 12. Maintenance, Repair and Replacement of Common Area. a. Routine Repairs. Except as otherwise specifically provided in this Declaration, maintenance, repair, replacement, restoration and decorating of the Common Area and all improvements located thereon shall be furnished by the Association as part of the Common Expenses. Without limiting the foregoing, the Association shall, with respect to the Common Area, provide for the maintenance, repair and replacement of the common parking areas, drainage facilities, landscaped areas, private streets, sidewalks, walkways, paths, fencing, exterior lighting, bushes, trees, entranceway monuments and signage and underground sanitary sewer and storm water lines, pipes and facilities to the perimeter of the Property. To the extent that the use of separate lines or meters for the furnishing of utilities to the Common Area shall be impractical or uneconomical, the Association shall have the authority to draw water, gas, electricity and/or other utility services from the Residential Lots as may be required for the efficient performance of its duties hereunder upon making such reasonable arrangements with the Owners of such Residential Lots as the Association may deem equitable. b. Repairs Arising from Owner Actions. If the act or omission of a Owner or Occupant or guest, invitee, licensee, visitor or pet of such Owner or Occupant shall cause damage to the Common Area, or maintenance, repairs or replacements shall be required which otherwise would be part of the Common Expenses, then such Owner shall pay for such damage and such maintenance, repairs and replacements as may be determined by the Board in its sole discretion. To the extent permitted by law, nothing herein shall be deemed to require the Association to submit to its insurance carrier claims for such damage and such maintenance, repairs and replacements. In the event the Board reasonably declines to submit such claims to its insurance carrier, the Board may, in its sole discretion, charge all costs associated with the claims to the responsible Owner, and, until paid by such Owner, such costs shall remain the personal obligation of the Owner, constitute a continuing lien on his or her Residential Lot and be collectable in the same manner as any unpaid regular or special assessments or other Common Expenses. 13. Association s Maintenance and Repair of Residential Lots. a. Routine Repairs. Except as otherwise provided in this Declaration, the Association shall furnish the following as part of the Common Expenses as the Board, in its sole discretion, deems necessary and proper: 9

10 (i) Any and all maintenance, repair, replacement, restoration, painting, staining, refinishing, tuck-pointing and cleaning of the exterior portions and surfaces of the townhomes and other exterior improvements located on the Residential Lots, including, without limitation, all roofs (including, without limitation, shingles and flashings), perimeter walls (other than party walls), pillars, gutters, downspouts, siding, trim, soffits, fascia, awnings, shutters, chimneys, fences, underground sprinkler systems and address blocks; (ii) Maintenance, repair and replacement of driveways (including, without limitation, patching and sealcoating thereof), sidewalks, walkways and paver blocks; (iii) Maintenance, repair and replacement of landscaping on the Residential Lots, including, without limitation, the mowing of grass and the maintenance, repair and replacement of all trees, shrubs, other plantings, drain tiles and retaining walls (including the watering of lawns but excluding the watering of other landscaped portions of the Residential Lots); and (iv) Snow and ice removal with respect to the Residential Lots. Notwithstanding the foregoing, the Board, in its sole discretion, may furnish any such services and assess the costs thereof in whole or in part directly to the Owner or Owners benefited thereby. Any and all such costs shall become the personal obligation of an Owner and a continuing lien on his or her Residential Lot and be recoverable with costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. b. Monument Signs. The Association shall furnish as part of the Common Expenses and shall have the exclusive authority to handle the maintenance, repair and replacement of Association monument signs which may be located on Residential Lots as the Board, in its sole discretion, deems necessary and proper. c. Repairs Arising from Owner Actions. The services to be provided by the Association pursuant to this Paragraph may, without limitation, include services necessitated by normal wear and tear or insurable casualty. The Association shall have no obligation to furnish or pay for services necessitated by the act or omission of an Owner or Occupant or a guest, invitee, licensee, family member or pet of an Owner or Occupant. Should the Board, in its sole discretion, decide to undertake services necessitated by the act or omission of an Owner or Occupant or a guest, invitee, licensee, family member, or pet of an Owner or Occupant, the Association shall charge the Owner for the cost thereof. Any and all expenditures incurred by the Association arising from such acts or omissions shall become the personal obligation of the Owner and a continuing lien on his or her Residential Lot, recoverable with costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. 10

11 d. Association Access Rights. The Association and its directors, officers and agents, including, without limitation, the Association s managing agent, shall at all times have rights of ingress and egress over, on, and across all portions of the Residential Lots in furtherance of the Association s rights, duties and obligations hereunder and shall not be deemed guilty of trespass in connection therewith. No Owner or Occupant shall take any action which would interfere with the Association s maintenance and repair responsibilities. 14. Owner Maintenance and Repair of Residential Lots. a. Exterior Repairs. Except as otherwise expressly delegated to the Association by the provisions of this Declaration, each Owner of a Residential Lot shall provide, handle and pay for any and all maintenance, repair, replacement, restoration, painting, staining, refinishing, caulking and cleaning of the townhome and all other improvements located on the Residential Lot, including, without limitation, the following property components: (i) All windows, skylights, other glass surfaces, window frames, windowsills, window screens, window wells and window well covers; (ii) All doors (including, without limitation, garage doors, sliding glass doors and screen doors) and door frames; (iii) All clothes dryer, fireplace, plumbing, attic and exhaust vents and vent covers (including, without limitation, the regular cleaning of such vents); (iv) All exterior light fixtures and light bulbs and exterior outlets and other electrical fixtures; (v) All exterior plumbing fixtures, including faucets and spigots; (vi) Townhome foundations (including, without limitation, the repair of interior and exterior foundation cracks); (vii) All patios, decks, porches, railings, stairways and front and rear doorsteps, doorsills and thresholds appurtenant to townhomes; and (viii) All sump pumps and related equipment. Notwithstanding the foregoing, the Board, in its sole discretion, may furnish any such work as a Common Expense or furnish such services but assess the costs thereof in whole or in part directly to the Owners benefited thereby. Any and all such costs shall become the personal obligation of the Owner and a continuing lien on his or her Residential Lot and be recoverable with costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. 11

12 b. Interior Repairs. Each Owner shall be solely responsible, at the Owner s sole cost and expense, for all maintenance, inspection, repair, replacement, restoration, painting, staining, refinishing, decorating and cleaning of the interior of his or her townhome in an appropriate manner so as to maintain it in a first-class condition (including, without limitation, all plumbing, electrical, lighting, heating, air conditioning, ventilation, insulation and security systems and all portions thereof which may be located on the interior or exterior of a townhome, internal installations such as humidifiers, water heaters, sinks, bathtubs, toilets and other bathroom appliances, cabinets, refrigerators, ranges, dishwashers and other kitchen appliances, wall and floor coverings, drywall, paneling, trim, molding, tiles, wallpaper, paint, flooring, carpeting, draperies, window shades, other window coverings, and other interior fixtures, furnishings and decorating within a townhome). Upon the request of an Owner, the Board may (but shall have no obligation to), in its discretion, cause maintenance services to be performed within a townhome and may charge a fee for such services. c. Duty to Maintain. Each Owner shall be obligated to maintain and keep his or her own Residential Lot and the townhome constructed thereon in good, clean order and repair and to conduct regular inspections of the Residential Lot and townhome. d. Watering. Each Owner, at his or her sole cost and expense, shall be responsible for watering landscaped areas on his or her own Residential Lot, including, without limitation, trees, shrubs, plants and other plantings within mulched areas, but excluding lawn areas. e. Pest Control. Each Owner, at his or her sole cost and expense, shall be responsible for reasonable and customary pest control and extermination on his or her own Residential Lot. f. Utilities. Each Owner shall be required to maintain and pay for such utility services as may be separately metered or billed to each Residential Lot by the respective utility companies and as may be required to protect the integrity of the Common Area and townhomes and other improvements located on other Residential Lots. Upon reasonable request, Owners shall furnish to the Association adequate proof of the maintenance of such utility services including, without limitation, copies of receipts evidencing payment for the utility services. Should an Owner allow such utility services to be discontinued, the Association may, but shall have no obligation to, cause the utility services to be resumed and charge to the Owner any and all costs and expenses incurred in connection therewith. Any and all such costs incurred by the Association shall become the personal obligation of the Owner and a continuing lien on his or her Residential Lot and be recoverable with costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. 12

13 g. Owner Access Rights. Each Owner of a Residential Lot and his or her employees and agents shall have reasonable rights of ingress and egress over, on, and across adjoining portions of neighboring Residential Lots to the extent necessary to carry out his or her maintenance and repair responsibilities under this Declaration and in connection therewith shall not be deemed guilty of trespass. Such work shall be carried out with minimal disruption to the Owners and Occupants of a neighboring Residential Lot. The time, place and manner of such work shall be customary and reasonable as many be determined by the Board in its sole discretion. h. Association Repair Rights. In the event an Owner of a Residential Lot shall fail to effect promptly any maintenance, repair or replacement of his or her Residential Lot or the landscaping, townhome or other improvements constructed thereon which are his or her responsibility, or does not maintain the Residential Lot, townhome, landscaping and/or other improvements in a neat, clean, sanitary and safe condition so as to maintain reasonable standards of health, fire safety and appearance on the Property, the Association may (but shall not be required to), upon reasonable notice, effect such maintenance, repairs and replacements. The Association shall be entitled to reimbursement in full from the Owner for its costs of every kind incurred in connection therewith, including, without limitation, legal fees and costs and the right to any insurance proceeds. In such event, the expenditures incurred by the Association shall become the personal obligation of the Owner and a continuing lien on his or her Residential Lot, recoverable with costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. i. Architectural Compliance. Any and all work performed by an Owner with respect to additions, alterations and improvements to the exterior portions of the Residential Lots and the townhomes and other improvements located thereon shall be completed in accordance with Paragraph 21 of this Declaration. j. Strict Liability. An Owner shall be strictly liable for any claim, damage, or judgment entered as a result of the use or occupancy of his or her Residential Lot or the townhome or other improvements located thereon, or caused by his or her own conduct or the conduct of the Owner s Occupants, tenants, guests, family members, invitees, licensees or pets. Costs incurred by the Association in connection with such strict liability shall constitute a lien on such Owner s Residential Lot and be collectable in the same manner as any unpaid assessments or other Common Expenses. 15. Party Walls. a. General Rules of Law to Apply. Each wall which is built as part of a townhome and placed on the boundary line between Residential Lots and/or serves two or more townhomes shall constitute a party wall. To the extent not inconsistent 13

14 with the provisions of this Paragraph, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply. b. Sharing of Maintenance and Repairs. The costs and expenses of the reasonable maintenance, repair and replacement of a party wall shall be borne equally by the Owners of the Residential Lots served thereby, except that the entire cost of repairing damage caused by the negligence or the willful act or omission of one Owner and/or that Owner s agents shall be paid by such Owner. c. Damage or Destruction. If a party wall is destroyed or damaged by fire or other casualty, any Owner whose Residential Lot is served by such party wall may restore it, and the other Owners who shared the use of the party wall shall promptly contribute to the cost of restoration thereof equally without prejudice to the right of any such Owners to call for a larger contribution from the other Owners under any rule of law regarding liability for negligent or willful acts or omissions. d. Weatherproofing. Notwithstanding any other provisions of this Paragraph, any Owner who by negligent or willful act or omission causes a party wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. e. Right of Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Paragraph shall be appurtenant to the land and shall pass to such Owner s successors in title. f. Doors, Windows in Party Walls Prohibited. Owners and Occupants shall be prohibited from installing doors or windows in party walls or otherwise causing penetrations to be made in party walls. 16. Joint Connection of Utilities. The rights and duties of the Owners of Residential Lots with respect to utilities, including, without limitation, sewer, water, gas, electricity, telephone, cable television, other commercial entertainment, computer or other electronic communication services, shall be subject to the requirements set forth below. a. Joint Use Rights. Wherever joint connections of utility lines, conduits, pipes, cables, wires, transformers and/or other equipment serve more than one Residential Lot, the Owners of each Residential Lot served by such connection shall be entitled to the full use and enjoyment of said joint connection. b. Owner Repair Obligations. In the event that any portion of a joint connection is obstructed, damaged or destroyed through the act or omission of an Owner or Occupant or a guest, invitee, licensee, visitor, family member or pet of such Owner or Occupant, regardless of whether such act or omission was intentional or negligent, so as to deprive other Owners or Occupants served by the 14

15 joint connection of the full use and enjoyment of the joint connection, then the Owner to whom or to whose Residential Lot the obstruction, damage or destruction is attributable shall, at his or her sole expense, immediately cause the joint connection to be restored to its previously existing condition. Notwithstanding the foregoing, the Board, in its sole discretion, may furnish any such work as a Common Expense or furnish such services but assess the cost thereof in whole or in part directly to the Owner to whom the obstruction, damage or destruction is attributable. In such event, the expenditures incurred by the Association shall become the personal obligation of the Owner to whom the obstruction, damage or destruction is attributable and a continuing lien on his or her Residential Lot, recoverable with interest, costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. c. Joint Repair Obligations. In the event that any portion of a joint connection is obstructed, damaged or destroyed by some cause other than the act or omission of an Owner or Occupant or a guest, invitee, licensee, visitor, family member or pet of such Owner or Occupant (including ordinary wear and tear and deterioration from lapse of time), all Owners who are served by the joint connection shall, at their collective expense (by payment of equal shares), immediately cause the joint connection to be repaired or replaced so that it is in proper working condition. Notwithstanding the foregoing, the Board, in its sole discretion, may furnish any such work as a Common Expense or furnish the work but assess the cost thereof in whole or in part directly to the Owners benefited thereby and allocate such charges to the respective Owners in any proportion deemed equitable by the Board in its sole discretion. In such event, the expenditures incurred by the Association shall become the personal obligation of such Owners and a continuing lien on their Residential Lots, recoverable with interest, costs and attorneys fees in the same manner and to the same extent as any regular or special assessment. 17. Association Insurance. a. General Liability Insurance. The Board shall have the authority to and shall obtain and maintain (as part of the Common Expenses) comprehensive commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, operation and administration of the Property in an amount deemed sufficient in the judgment of the Board, insuring the Association, the Board, the Association s managing agent and each of their respective employees and agents. b. Property Insurance. (i) The Board shall have the authority to and shall obtain and maintain (as part of the Common Expenses) fire and all risk insurance coverage on a blanket basis upon all of the Residential Lots and the townhomes constructed thereon and any other improvements on the Property which the Association is obligated to 15

16 maintain, repair and replace for not less than the full insurable replacement cost thereof (less any deductibles) under a policy or policies of insurance with such company or companies, in such form, and for such premiums and periods, as the Board may determine to be appropriate, each such insurance policy to be written in the name of, and the proceeds thereof to be payable to, the Association. Any loss covered by the Association s property insurance shall be adjusted by the Association in the Board s sole discretion. (ii) With respect to the townhomes, such property insurance shall be bare wall insurance and shall exclude floor, wall and ceiling coverings, painting, trim, decorating, appliances, fixtures and furnishings installed or added to and located within the boundaries of the townhomes, including, but not limited to, electrical fixtures, air conditioning and heating equipment, water heaters and built-in cabinets. Notwithstanding the foregoing, such insurance may, in the Board s sole discretion, include fixtures located within the unfinished interior surfaces of the perimeter walls, floors and ceilings of the individual townhomes initially installed by the developer of the Property. The Association s property insurance need not cover additions, alterations, improvements or betterments to a Residential Lot and/or a townhome which have been made by an Owner or his or her agents. In the event the Board obtains insurance on such additions, alterations, improvements or betterments, any increase in cost of insurance premiums attributable thereto may, in the Board s sole discretion, be charged to the Owner and, until paid by such Owner, shall remain the personal obligation of the Owner, constitute a continuing lien on his or her Residential Lot and be collectable in the same manner as any unpaid regular or special assessments or other Common Expenses. c. Fidelity Bond. (i) The Association shall obtain and maintain fidelity insurance and/or a fidelity bond. The fidelity insurance and/or fidelity bond shall cover the Association s property manager, the management company with whom the property manager is employed during the term of the fidelity bond and all partners, officers and employees of the management company, as well as the Association Board members, officers and employees. The fidelity insurance and/or fidelity bond shall be in the full amount of funds in the custody or control of the Association and the management company, including, without limitation, the Association reserve fund, or the maximum amount of coverage that is commercially available or reasonably required to protect Association funds. (ii) The insurance company or companies issuing the fidelity insurance and/or fidelity bond may not cancel or refuse to renew the fidelity insurance and/or fidelity bond without giving not less than ten (10) days prior written notice to the Association. 16

17 (iii) The Association shall secure and pay for the fidelity bond. d. Directors and Officers Coverage. The Board shall have the authority to and shall obtain and maintain (as part of the Common Expenses) directors and officers liability coverage in an amount deemed reasonable by the Board. Directors and officers liability coverage shall extend to all contracts and other actions taken by the Board members in their official capacity as directors and officers, but this coverage shall exclude actions for which the Board members are not entitled to indemnification under the General Not For Profit Corporation Act of the State of Illinois, this Declaration or the By-Laws. e. Other Coverage. The Association shall have the authority to obtain and maintain (as part of the Common Expenses) such other insurance, including, without limitation, umbrella liability insurance in excess of the required general liability insurance in an amount deemed sufficient in the judgment of the Board, workers compensation and employer liability insurance in amounts deemed sufficient in the judgment of the Board and as necessary to comply with applicable law (including voluntary compensation to cover employees not covered under the Illinois statute for benefits), errors and omissions coverage for the Board members, employment practices coverage, environmental hazards coverage, flood insurance, and medical payments coverage for members of the public (not Owners) injured on the Property without regard to liability of the Board or the Association as the Board considers necessary or appropriate to protect the Association, or the Owners, Board members, officers, and/or agents of the Association. f. Deductibles. The Board shall have the right to select substantial deductibles to the insurance coverages required or permitted under this Paragraph if the economic savings justify the additional risk and if permitted by law. The Board may, in the case of a claim for damage to the Property: (i) pay the deductible amount as a Common Expense; (ii) after notice and an opportunity for a hearing, assess the deductible amount against the Owner(s) who caused the damage or from whose Residential Lot(s) the damage or cause of loss originated; or (iii) require the Owners of the Residential Lots affected to pay the deductible amount. 18. Owner Insurance. Each Owner shall be responsible for his or her own property insurance on the contents of his or her townhome, the personal property, floor, wall and ceiling coverings, painting, trim, decorating, appliances, fixtures and furnishings located within the boundaries of the townhome (including, but not limited to, electrical fixtures, air conditioning and heating equipment, water heaters and built-in cabinets), the Owner s personal property stored elsewhere on the Property, and the Owner s additional living expense. Each Owner shall be responsible for obtaining his or her own property and liability insurance to the extent not covered by the property and liability insurance maintained by the Association as above provided. The Association shall have no obligation whatsoever to obtain any individual insurance coverage on behalf of the Owners. Any such policy or policies of insurance obtained pursuant to this Paragraph shall contain waivers of 17

18 subrogation with respect to the Association and its Board members, officers, employees and agents (including, without limitation, the Association s managing agent). 19. Damage or Destruction and Restoration of Common Area. a. Sufficient Insurance. In the event the improvements forming a part of the Common Area, or any portion thereof, shall suffer damage or destruction from any cause, and the proceeds of any policy or policies of insurance payable by reason thereof are sufficient to pay the costs of repair, restoration or reconstruction, then such repair, restoration or reconstruction shall be undertaken, and any insurance proceeds shall be applied by the Association or the payee of such proceeds in payment thereof. b. Insufficient Insurance. In the event the improvements so damaged or destroyed are not insured against the peril causing the loss or damage, or any insurance proceeds are not sufficient to pay the cost of repair, restoration or reconstruction, the decision as to whether to proceed with such repair, restoration or reconstruction shall be vested in the Board. Should the Board, in its sole discretion, make provision for such repair, restoration or reconstruction, the balance of funds necessary for such repair, restoration or reconstruction may be specially assessed against all the Owners. If the Board, in its sole discretion, does not make provision for such repair, restoration or reconstruction, then any proceeds of insurance received as a result of such loss or damage shall be retained by the Association to be used and disbursed in furtherance of its duties and obligations under this Declaration. 20. Rebuilding of Damaged Townhome. a. Association Insurance. In the event of damage or destruction to any townhome constructed upon a Residential Lot by fire or other casualty for which the Association is required to carry property insurance hereunder, to the extent covered by insurance, the Association shall, within a reasonable time after such damage or destruction, repair or rebuild those portions of the townhome for which the Association is responsible in a good and workmanlike manner, in substantial conformity with the original structure, with materials comparable to those used in the original structure, and in conformity in all respects to the laws and ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. When rebuilt, the exterior of the townhome shall be substantially similar to, and its architectural design and landscaping shall be in conformity with, the townhomes constructed on adjacent Residential Lots on the Property which are not so damaged or destroyed. The Association shall not be relieved of its obligation to repair or rebuild a townhome under this Paragraph by its failure to carry sufficient insurance as required under this Declaration. In the event that the Association shall fail, within a reasonable time after the occurrence of damage or destruction referred to in this Subparagraph (a), to perform the necessary repair or reconstruction, then 18

19 the Owner of the subject Residential Lot shall have the right to pursue any and all remedies available under applicable law. b. Owner Insurance. In the event of damage or destruction to any townhome constructed upon a Residential Lot by fire or other casualty for which the Owner is required to carry property insurance hereunder, the Owner shall, within a reasonable time after the Association has repaired or rebuilt the townhome to the extent required hereunder, repair or rebuild those portions of the townhome for which he or she is responsible in a good and workmanlike manner, in substantial conformity with the original structure, with materials comparable to those used in the original structure, and in conformity in all respects to the laws and ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. When rebuilt, the exterior of the townhome shall be substantially similar to, and its architectural design and landscaping shall be in conformity with, the townhomes constructed on adjacent Residential Lots on the Property which are not so damaged or destroyed. The Owner shall not be relieved of his or her obligation to repair or rebuild a townhome under this Paragraph by his or her failure to carry sufficient insurance or the fact that the proceeds received by the Owner from his or her insurer are not sufficient to cover the costs of repair or reconstruction. c. Owner Failure to Repair. In the event that any Owner shall fail, within a reasonable time after the occurrence of damage or destruction referred to in the previous Subparagraph (b), to perform the necessary repair or reconstruction, then the Board may (but shall have no obligation to) cause such repairs or reconstruction to be performed in the manner provided in the previous Subparagraph (b), and the costs thereof shall be a charge payable by the Owner to the Association upon demand and until paid remain the personal obligation of the Owner, constitute a continuing lien on his or her Lot and be collectable in the same manner as any unpaid regular or special assessments or other Common Expenses, and the Association shall have the right to pursue any and all remedies available under this Declaration, the By-Laws and applicable law. 21. Additions, Alterations or Improvements. a. Association Consent Required. Except as otherwise expressly provided in this Declaration, or the By-Laws or required under applicable law, no additions, alterations or improvements shall be commenced, constructed, erected, placed or maintained upon a Residential Lot, nor shall any exterior addition, change or alteration to a townhome or other improvement or structure, or the color thereof, be made by an Owner or agent of an Owner without the prior written consent of the Board, and then only in accordance with the Association s Rules and Regulations and all applicable Village ordinances. The foregoing shall apply to, without limitation, construction or placement of any building, shed, trailer, tent, shack, barn, outbuilding, accessory structure, fence, wall, swimming pool, tennis court, screen enclosure, sewer, drain, gutter, downspout, rain barrel, awning, canopy, shutter, 19

20 disposal system, gazebo, doghouse, basketball backboard, court or hoop, baseball batting or pitching cage, putting green or other golf practice area, playhouse, sandbox or other fixed game or play structure, exterior lighting feature or landscaping feature and changes to doors, door frames, windows, window frames, skylights, exterior light fixtures, air conditioning condenser units, exposed wiring, patios, decks, porches, doorsteps and railings. b. Architectural Review Submission. Any addition, alteration or improvement of a Residential Lot by an Owner shall conform to all plans, specifications, drawings and/or other information which may be required by the Board (including, without limitation, site plans, landscaping plans, soil erosion plans, surveys, application forms, neighbor awareness forms, permits and ownership, easement and/or other title information). All such plans, specifications and related information shall be submitted in writing by the Owner of the Residential Lot or his or her authorized agent. The Association may charge an architectural review fee payable by the Owner in connection with its review of such plans, specifications and information. The Board may require that such plans, specifications and related information be prepared or reviewed and approved by an architectural firm, engineering firm or other professionals selected or approved by the Board. The costs of such plans, specifications and/or other documentation or review and approval thereof (including, without limitation, architects fees, engineers fees and/or legal fees) shall be paid by the Owner. Approval shall be based upon, among other things, adequacy of site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of improvements on neighboring property, improvements, operations and uses, relation of topography, grade finished ground elevation of the property being imposed to that of neighboring property, proper facing of main elevations with respect to nearby streets, preservation of aesthetic beauty, and conformity of the plans and specifications to the purposes and general plan and intent of this Declaration. c. Architectural Review Commission. The Board shall have the authority to create and appoint persons to an architectural review commission consisting of Owners who may or may not also be Board members. The architectural review commission may undertake the function of reviewing and analyzing plans, specifications and other information submitted by an Owner and make recommendations to the Board regarding an Owner s request for architectural approval but may not act on behalf of the Association or bind it to any action. All final decisions pertaining to architectural review shall be made by the Board in its sole discretion. d. Architectural Review Standards. The Board shall approve or disapprove any complete architectural review request within a time period deemed reasonable by the Board in its sole discretion. Except as provided below, conditional approvals will not be granted, with the exception that time limits on approvals or for completion of the proposed work may be established. 20