I. Property- Association- Board- Rules and Regulations ... · E. Board- The Board of Directors of...

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I. Definitions In the event a term is used in the Rules which is not defined anywhere herein, its definition shall be determined as used either in the Associations Instruments, 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 conditions and restrictions which was recorded in the office of the Recorder of Deeds of McHenry County, Illinois and as amended from time to time thereafter. B. Bylaws- The Bylaws of The Ponds of Bull Valley Homeowners Association, NFP, and as amended from time to time thereafter. C. Property- All real property against which the Declaration has been recorded, including any improvements thereon. D. Association- The Ponds of Bull Valley Homeowners Association, NFP. E. Board- The Board of Directors of the Association F. Rules and Regulations-The Rules and Regulations of the Association, as adopted pursuant to the powers available to the Association and the Board G. Common Property- The Common Area as defined in the Declaration H. Association Instruments- All recorded documents and authorized amendments thereto, including, but not limited to, the Declaration, Bylaws, and Plat and Rules or Rules and Regulations. I. Lot- A portion of the Premises which is designated in Exhibit B of Declarations as a Lot. J. Owner-The record owner of the Lot. K. Resident-Any person who resides on the Property, including families of Lot Owners and Tenants of Lot Owners and including Lot Owner if the context so indicates. L. Managing Agent or Manager- The person or entity, if any, which has been engaged by the Association to the manage the daily operations of the Association in the manner directed by the Board M. Emergency Vehicles- Ambulances and hospital or medical vehicles, of any type; or fire fighting vehicles of any type; police vehicles of any type; or snow plowing vehicles; or any vehicle provided that each of the foregoing is being utilized for emergency purposes for the health, safety and welfare of the Unit Owners Residents and other persons within the Association property. N. Permitted Vehicles- Passenger type vehicles in fully drivable and operable condition, or motorbikes and motorcycles, provided that each of the foregoing is registered and licensed to be ridden on public roads and highways. O. Non-permitted Vehicles- All vehicles other than those defined above as Permitted vehicles or Emergency Vehicles; or any vehicles without valid state license plates and appropriate municipal vehicles stickers, if required. P. Abandoned Vehicles- Any vehicle which is wrecked, burned partially dismantled, or in a state of disrepair rendering it incapable of being driven in its present conditions and which has not been used or moved for at least seven (7) consecutive days. Q. Panel of Inquiry A committee created by the Board for the purpose of conducting any hearings to hear a complaint for the violation of the Declarations, Bylaws, and/or these Rules and Regulations or the Association Instruments.

Transcript of I. Property- Association- Board- Rules and Regulations ... · E. Board- The Board of Directors of...

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I. Definitions

In the event a term is used in the Rules which is not defined anywhere herein, its definition

shall be determined as used either in the Associations Instruments, 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 conditions and restrictions which was

recorded in the office of the Recorder of Deeds of McHenry County, Illinois and as

amended from time to time thereafter.

B. Bylaws- The Bylaws of The Ponds of Bull Valley Homeowners Association, NFP, and as

amended from time to time thereafter.

C. Property- All real property against which the Declaration has been recorded, including

any improvements thereon.

D. Association- The Ponds of Bull Valley Homeowners Association, NFP.

E. Board- The Board of Directors of the Association

F. Rules and Regulations-The Rules and Regulations of the Association, as adopted

pursuant to the powers available to the Association and the Board

G. Common Property- The Common Area as defined in the Declaration

H. Association Instruments- All recorded documents and authorized amendments thereto,

including, but not limited to, the Declaration, Bylaws, and Plat and Rules or Rules and

Regulations.

I. Lot- A portion of the Premises which is designated in Exhibit B of Declarations as a Lot.

J. Owner-The record owner of the Lot.

K. Resident-Any person who resides on the Property, including families of Lot Owners and

Tenants of Lot Owners and including Lot Owner if the context so indicates.

L. Managing Agent or Manager- The person or entity, if any, which has been engaged by

the Association to the manage the daily operations of the Association in the manner

directed by the Board

M. Emergency Vehicles- Ambulances and hospital or medical vehicles, of any type; or fire

fighting vehicles of any type; police vehicles of any type; or snow plowing vehicles; or any

vehicle provided that each of the foregoing is being utilized for emergency purposes for

the health, safety and welfare of the Unit Owners Residents and other persons within the

Association property.

N. Permitted Vehicles- Passenger type vehicles in fully drivable and operable condition, or

motorbikes and motorcycles, provided that each of the foregoing is registered and

licensed to be ridden on public roads and highways.

O. Non-permitted Vehicles- All vehicles other than those defined above as Permitted

vehicles or Emergency Vehicles; or any vehicles without valid state license plates and

appropriate municipal vehicles stickers, if required.

P. Abandoned Vehicles- Any vehicle which is wrecked, burned partially dismantled, or in a

state of disrepair rendering it incapable of being driven in its present conditions and

which has not been used or moved for at least seven (7) consecutive days.

Q. Panel of Inquiry A committee created by the Board for the purpose of conducting any

hearings to hear a complaint for the violation of the Declarations, Bylaws, and/or these

Rules and Regulations or the Association Instruments.

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II. Policies and Procedures Regarding Enforcement

A. Complaints for Violations Any compliant which alleges a violation of the Declaration, By-

Laws, or Rules and Regulations shall set forth:

1. The Lot Owners Name, Lot Number or common address of the Lot where he

person or Resident complained of resides.

2. The specific details or description of the violations, including the date, time

and location where the violation occurred.

3. The Association recommends that photographs or recordings be taken if

possible, to illustrate the nature o f the violation. Any such photographs or

recordings should be sent to the management as soon as possible. The

name of the person who took the photographs/recordings and the

date/time that such photograph/recordings were taken should be included.

B. Notice of Complaint 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 or in a form similar to that

which is attached hereto as Exhibit A (Notice of Violation)

1. Second Violations In the event the alleged violation is not the first violation

by the Lot Owner, or in the event the violation is such that it is serious,

immediate, or irreparable consequences may occur by delay, the Board may

elect to forward the matter to the Associations attorney for appropriate

action. All legal expenses and costs incurred will be assessed to the Lot

Owners account, if the Lot Owner is found guilty of the violation.

2. Association Attorney the Associations attorney, if contacted regarding the

violation, shall send such notices, make such demand, or take such actions

as are necessary to protect the interests of the Association, Bylaws or Rules

and Regulations of the Association.

C. Protest of Violation If any Lot Owner charged with a violation either believes that no

violation has occurred, or that they have been wrongly or unjustly charged hereunder,

the Lot Owner must proceed as follows:

1. Within thirty (30) 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 letter or by completing the Request for a Hearing Form, which

is attached to the Notice of Violation, and by returning it to the Association.

2. If a request for a hearing, a hearing on the complaint shall be held before a

Panel of Inquiry or a committee duly appointed by the Board to hear the

complaint. The Panel of Inquiry shall not include any person presenting

evidence in the hearing. The hearing shall be conducted no later than six (6)

weeks after delivery of the written request.

3. At any such hearing, the Panel of Inquiry shall hear and consider arguments,

evidence or statements regarding the alleged violation and then from the

alleged violator and any witnesses on their behalf. Following a hearing and

due consideration, the Panel of Inquiry shall issue its determination

regarding the alleged violation. The decision of the Panel of Inquiry shall be

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made by majority vote and shall be final and binding on the Lot Owner and

the Association.

4. Payment of any assessments, charges, costs and expenses made pursuant to

the provisions contained herein shall not become due until the Panel of

Inquiry has completed its determination. Notifications of the Panel of

Inquiry determination shall be made by letter or in a for similar to that

which is attached hereto as Exhibit B.

D. No Protest of Violation Notice If no request for hearing is filed within thirty (30) days, a

hearing will be considered waived, the allegations on 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 a Panel of Inquiry.

E. Consequences of Violation If a Lot Owner is found to have violated personally or is

otherwise liable for a violation of any such provisions of the Association Instruments, the

following shall occur:

1. If found to be guilty of a first violation of a given provision of the Association

Instruments, the Lot Owner shall be notified of the finding of the

Association or its duly authorized agents that a first violation has occurred

and given Seven (7) days to correct the violation (if possible). If any further

violations occur of the same nature, a find for the violation will be imposed.

(In all violations, the Board will consider the factors, such as the length of

time the regulation has been in effect, the length of time the violator has

owned the Lot or resided on the Property, whether the violation was by

committee or solely by the Unit Owner , and if not, the extent of the control

of the Lot Owner had or should have had over the violators conduct, the

familiarity of the violator with the regulations, the severity of the violation,

and other appropriate factors. In addition, any legal expenses incurred by

the association or any actual damages repaired at the Association’s

expense.)

2. If found guilty a second or continuing violation of the same provision of the

Association Instruments, the Lot Owner shall be notified of finding by the

Association and its duly authorized agents. The Lot Owner shall be assessed

a fine.

3. Where a fine is imposed, it shall be the amount of twenty-five ($25) dollars

for the single incidents of violations, or the sum of five dollars ($5) per day

for a violation of a continuing nature. A FINE FOR VIOLATION OF A

CONTINUING NATURE WILL CONTINUE UNTIL THE VIOLATION HAS BEEN

ELIMINATED AND THE ASSOCIATION RECEIVES NOTICE THAT THE

VIOLATION HAS CEASED.

4. If found to be guilty of any violation, including a first violation, the notice of

determination may also require the Lot Owner to pay for 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 that have previously been

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made or will be 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 to the Property or Lot Owners to correct violations

at their own time and expense, and in order to compensate the Association

for 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 ten percent of the cost of labor and

materials, whichever is greater.

F. Payment of Violation Assessed. 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 al of the legal or equitable remedies

necessary for the collection thereof. All charges imposed hereunder 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 business days after deposit in the United States 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 to the Tenant, if any, at the Lot address,

if applicable 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 has

been provided to the Association by the trustee or the beneficial owner of

the trust.

H. Remedies Not Exclusive. The remedies hereunder are not exclusive, and the Board may,

in addition and at its sole discretion, take any action provided at law, in equity or in the

Association Instruments to prevent or eliminate violations thereof of the Rules and

Regulations of the Association.

III. General Rules

All rules, regulations, restrictions and covenants contained in the Declaration and Bylaws 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. The

extent that the provisions of applicable law, the Declaration, Bylaws or the Rules and

Regulations are in conflict, the provisions of applicable law shall first control, followed by

the provisions of the Declaration, Bylaws and Rules and Regulations, in that order.

These Rules and Regulations are binding on all Lot Owners, Residents, their families and

guests under the applicable section of the Declaration and Bylaws. Exceptions to the Rules

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may be made only in writing, signed by the Board or its duly authorized agents following a

written request by a Lot Owner.

IV. Use, Administration, and Appearance of the Property

A. Antennas and Satellite Dishes

1. The association rules adhere to the FCC OTARD Rule 47 C.F.R. Section 1.4000 and

will support adherence to all future FCC amendments and relevant FCC regulations.

2. No preapprovals prior to mounting a Satellite Dish(s) or reception antenna are

required.

3. Notifications of the existence of an antenna installation or relocation is required

within 30-days after the antenna or dish installation is complete.

4. A requirement that an antenna be placed in a position where reception would be

impossible or would be substantially degraded would be in conflict with the FCC rule

47 C.R. R. Section 1.400. In contrast, a Home Owner’s Association regulation that

requires antennas be placed to the extent feasible in a location not visible from the

street is permitted by FCC rule 47 C.F. R. Section 1.400, if placement allows

reception of an acceptable quality signal.

B. Assessments and Collections

1. All monthly assessments and any special assessments or other lawful charges of the

Association are due and payable n the date specified on any invoice for the

collection of said assessments but in any event not later than six weeks (42 days)

from the date of invoice. All payments received, even if payment has been

designated to be applied to a specified obligation, will be applied to the payment of

the oldest outstanding charges before being applied to any current charges.

2. Lot Owners who are delinquent in the payment of Annual Assessments shall be

subject to legal action in accordance with the provisions of the Declarations and

Bylaws. Once legal action has been commenced, all legal fees and costs will be

assessed to the Lot Owners as required by the Declarations and Bylaws.

3. The Board has adopted and authorizes the use of:

a) The filing of a Lien or Liens on a Lot; and

b) The engagement of a third-party collection agent, outside of the Manager;

as collection methods in addition to the other methods contained in the

Declarations and Bylaws.

C. Board Meetings and Association Records:

1. Board meetings are open to all Lot Owners, who are encouraged to attend all such

meetings.

2. 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 inspection of Lot Owners for

any proper purpose at reasonable times, provided that reasonable advance notice is

provided to the Association.

D. Mailboxes and Mailbox posts:

1. As established by the Board of Directors, per the association declaration section

8.10 mailboxes and mailbox posts must be of the same design to maintain

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uniformity within the Association. The mailboxes are Gibraltar Model #E1100W00

(White) and the posts are Mayne Newport Plus Model #380B00000 (White) and the

posts are Model # 5814CL (White). Both mailboxes and posts are available through

Home Depot.

2. If any Lot owners Mailbox and/or mailbox post is damaged and replaced by anyone

other than the lot owner, it is the Lot Owners responsibility to maintain uniformity

within the Association.

3. In the event that any Lot Owners mailbox is damaged or becomes rusted and

unsightly it shall be the responsibility of the Lot Owner to replace and/or repair said

mailbox with one as prescribed by the Board.

4. In the event that a Lot Owner mailbox post is damaged or destroyed then the Lot

Owner must replace said mailbox post with one that complies with the standard

established by the Board per the Declarations and Bylaws.

5. No permanent external decoration/addition to Lot Owners Mailbox and/or mailbox

post is permitted. Holiday décor shall comply with the rules regarding holiday

decorations in section IV item N or the rules and regulations.

6. Any Lot Owner may contact management for a list of authorized vendors for the

replacement of mailboxes and mailbox posts in the event that any Lot Owners

mailbox or mailbox post requires replacement.

7. All mailboxes must be clearly marked with an address on the front of the mailbox as

to comply with Postal Regulations 508 Article 3.2.7a using numerals that are black in

color and one (1) inch in height and clearly visible to the Postal Carrier.

8. The Board has reserved the right to require that mailboxes and/or mailbox posts

that resemble those which were originally provided by the Declarant be installed at

any time.

E. Boats, Campers & Trailers

No Boats, Campers, Snowmobiles, Jet skis, motor homes or trailers of any kind may have

parked for more than two (2) weeks on any outside property within the Association.

Work trailers relating to an ongoing project may be parked by written permission of the

board or managing agent.

F. Nuisances and Unsightly Uses

1. No Lot Owner shall be permit the existence of a condition on their Lot that creates:

a. a nuisance or;

b. unsightly condition on the Lot.

2. The terms nuisance and unsightly condition shall be defined by the Board as those

condition shall be defined by the Board as those conditions that:

a. May tend to invite vermin, or other wildlife to occupying the Lot;

b. That may detract from the aesthetic beauty of the community as a whole; and

specifically include:

1. Clothes, sheets, blankets, laundry of any kind or other articles

hung are restricted to the lot owners back yard and may not

remain out for more than 24hrs at a time.

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2. The premises shall be kept free and clear of all rubbish, debris

and other unsightly materials and no waste shall be committed

thereon: and

3. All rubbish shall be deposited in such areas and such receptacles

as shall be designed by the Board.

4. Firewood must be neatly stacked on the side and/or rear of the

house and may not exceed a “Face cord” of wood. (8’x4’x16”)

3. All lot owners must keep asphalt surfaces clean and non-hazardous condition by

repairing and sealcoating as needed. Sealcoating may be judged upon a community

standard.

G. Common Property

1. Storage of any kind is expressly prohibited on or in any Common Property unless the

area in expressly designated for such purpose.

2. All toys, recreation equipment, bicycles and the like must be removed from

common property by sunset of each day.

3. Any motorized vehicles of any kind are allowed on the Common Property other than

for maintenance purposes.

4. Any games or other activity that cause a nuisance, damages any common property,

or disrupt the peace is prohibited on or in any portion of the common property.

5. Playground equipment, baby pools, or sandboxes are restricted to Lot Owners

property.

6. Owners may not enclose any portion of the common property with a fence or other

boundaries.

7. Any tree, shrubs, plantings or vegetation installed, planted or growing naturally on

Common Property must be approved by the Board or its duly authorized agent,

unless authorized herein. No individual Lot Owner shall take any action to remove

or control the growth of naturally occurring vegetation on Common Property.

H. Damage to Common Property

Any Common Property that is damaged by the conduct of Lot Owner or by owner’s or by

the owner’s family, tenants, guests, or pets of any of the aforementioned will be

repaired by the Association and the cost for such repair shall be specially assessed to the

Lot Owner. Any determination of whether or not the Lot Owner is responsible is subject

to the Enforcement Provisions of these Rules and Regulations.

I. Deliveries

Deliveries shall be made in such a manner that the delivered material is not stored on

the Common Property.

J. Garbage and Trash

1. All garbage must be placed in sealed containers or sealed plastic bags so that it

cannot be windblown and/or accessed by wildlife.

2. Containers or bags shall not be placed outside of collection any earlier than sunset

of the night prior to pickup and containers must be retrieved by the Lot Owner or

Resident the day of pickup.

3. Garbage Containers must be placed so as to obstruct mailboxes, driveways, or

walkways.

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4. Any litter remaining on the ground after garbage pickup should be removed by the

Lot Owner responsible.

5. Garbage Containers must be kept indoors at all times other than for pickup.

K. Insurance

Lot Owners are solely responsible for obtaining homeowner insurance on the residence

and Lot and for any personal property contained therein.

L. Landscaping

1. Lot Owners shall be responsible for the care and maintenance of any gardens,

shrubs, trees and other vegetation that they plant on their Lot.

2. Lot Owner shall not permit any vegetation other than ornamental vegetation to grow

to a height greater than eight (8) inches.

3. NO Lot Owner who owns a Lot on which no residential dwelling has been constructed

shall be permit the naturally occurring vegetation on said Lot to grow to a height of

greater than eight (8) inches. In the event that the naturally occurring vegetation on

any such lot is allowed to grow to a height of greater than eight (8) inches then the

Association may be Board or officer action authorize a third party to move and/or

maintain any such Lot and to assess said Lot with the cost of such service as an

assessment as described in Article II of these Rules and Regulations.

4. All lot owners must maintain the easement area between the sidewalk and the road

to a height of no more than six (6) inches. All sidewalks and curb areas must be

edged and trimmed neatly. (This rule applies to lots with and without dwellings.

M. Maintenance Requests for the Common Property shall be submitted to the Property

Manager.

N. Seasonal decorations

1. Seasonal Decorations shall not be installed any earlier than forty-five (45) days

before the date of the holiday and must be removed no later than two (2) months

after the date of the holiday.

2. No outdoor decorations are permitted except for decorations that can be placed on a

Lot Owners Lot. Any damage caused by such decorations to Common Property shall

be repaired at the expense of the Lot Owner whose decorations caused such

damage.

3. No decorations that pose or create a safety hazard shall be permitted.

O. Security

If any suspicious activity is observed, notify the local authorities immediately, providing

such authorities with any details and/or observations that you have made.

P. Signs and Advertisements

1. Advertising signs for businesses or commercial activities are prohibited everywhere

within the boundaries of the Association Property, except “For Sale” or “For Rent”

signs as prescribed with the Declarations and Bylaws.

2. Directional signs for open houses and similar event shall not be posted any earlier

than the morning of such open house or similar event and must be removed no later

than one day after the time the event ends.

3. Signs shall not be affixed or attached to the exterior of any residence.

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4. Signs notifying the Lot Owner of any Association Business are permitted and shall be

allowed to remain in place for the purpose for which they are intended upon

direction of the Board or offices of the Association.

Q. Pets

All pets must meet the requirement of the City of Woodstock, IL, City Code and the

McHenry County, IL Health Ordinance as currently enacted or amended. These codes

and ordinance requirements may be obtained from the City of Woodstock, IL.

In addition, the POBV HOA has the following requirements and restrictions that must be

complied with:

1. Dogs and cats (limited to 4 per household total) and other domestic pets* are

allowed, provided that they do not disturb or annoy residents or guests.

2. All pets shall be kept under the control of their owners at all times and shall not be

allowed to interfere with the comfort, convenience and/or safety of any residents or

guest.

3. No dog pen, dog run, or other similar animal structure shall be constructed or

placed temporarily or permanently on any lot. However, a dog house is permitted if

it is placed within ten (10) feet of the rear of the house.

4. No animals, livestock, or poultry of any kind shall be raised, bred or kept for any

economic or commercial purpose.

5. Any inconvenience, damage, excrement or unpleasantness cause by any pet shall be

the sole responsibility of its owner.

6. Any resident who causes an animal to be brought or kept within the Subdivision

shall indemnify and hold harmless the Association for any loss, damage, or liability

which the Association may sustain as a result of the presence of such animal within

the Subdivision. The per owner shall be responsible for repairs of any and all

damage or loss resulting from the acts of his or her animal while kept within the

subdivision.

*A domestic pet is defined as the following:

An animal kept for companionship and enjoyment or a

household animal, as opposed to wild animals, livestock,

laboratory animals, or exotic animals.

R. Fences

All fences must meet the requirements of the City of Woodstock, IL, City Code and

Zoning Ordinance. These code and ordinance requirements may be obtained from the

City of Woodstock, IL.

In addition, the POBV HOA has following requirements and restrictions that must also

be complied with:

1. No fence, that creates an enclosure, is allowed in a front yard.

2. A fence may not protrude any further toward the front of the property than

the mid-point of the side of the house, as measured crosswise by the

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longest distance from the rear of the house to the front of the house

(garages may be included in this measurement).

3. Fences may not exceed a height of 6 feet

4. The finished side of the fence must face outward.

5. The support structure for all fences must be on the inside of the fence.

6. The fence must be inside the property lines and is not allowed to encroach

on a neighbor’s property.

7. In order to determine where your property lines are, you must have a

survey.

8. No chain-link fences will be permitted regardless of city ordinances.

9. All fences must be maintained in a proper manner so as not to detract from

the value and desirability of the surrounding property and the community

as a whole.

10. All fences and fence colors must be consistent with, and blend in with, the

surrounding property and the community as a whole.

S. Residential Use Only

All Lots and the residences built thereon shall be used only as a residence provided

however that:

No Lot Owner shall be precluded, with respect to his Home, from:

1. Maintaining a personal professional library,

2. Keeping his personal business records or accounts therein;

3. Handling his personal business or professional calls or correspondence there from.

T. Air Conditioner/Fans

1. No window air conditioners unit or fans that extend past window screen shall be

viewable from the street.

2. Air conditioning condenses shall be located at the side or the rear of the home.

V.

Vehicles

a. General Rules for Vehicles

1. Guests may park their vehicles on the streets within the Association for up to

twenty-four (24) hours. Overnight parking on the street requires that the vehicle

owner notifies the Woodstock Police Department. Guests remaining with a

Resident or Lot Owner for periods longer that twenty-four (24) hours must park

their vehicles on the Lot Owners property.

2. All vehicles are restricted to paved surfaces, including the streets, driveways and

parking areas of the Property. There shall be no parking or routes of passage

across any other portion of the property, including all lawn areas, sidewalks, and

fire lanes, if any.

3. Vehicles shall not be parked in any manner that interferes with access to a

driveway, mailbox or other portion of the Property.

4. Lot Owners shall not construct separate parking pads adjacent to their residential

dwellings not constructed by the developer without board approval. Any Lot

Owner who has constructed such a parking pad prior to the adoption of these

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Rules and Regulations shall notify in writing to the Board to document the

existence of said parking pad. The existence of any parking pad which violates

local ordinances by encroaching on any building or setback line shall be

considered as a violation subject to enforcement by the Board.

5. No Commercial Vehicle may be parked overnight on any driveway that contains a

dual wheel rear axle or exceeds a maximum height of 96” overall including ladder

racks, boom arms, attachments, or accessories.

6. Parking, maintenance or storage of Non-permitted vehicles on any portion of the

Property is expressly prohibited.

7. The use of unauthorized powered vehicles on Common Property is expressly

prohibited. If violation occurs in a posted “non-use” area a find shall be

automatic.

8. No Lot Owner shall conduct the repair and/or restoration of any vehicle on their

driveway that requires such vehicle to remain in the driveway for more than

twenty-four (24) hours at a time.

9. Commercial vehicles shall be considered as permitted vehicles as defined above.

No commercial vehicle, snowmobile, motorcycle or other motorized vehicle and

no boat, trailer, hitch or other similar personal property shall at any time be

parked or stored on any portion of a Lot other than the driveway or the garage

located on the Lot.

10. Unless specifically permitted by the Board, the driveway on a Lot may only be

used to park commercial vehicles, recreational vehicles, snowmobiles, boats,

trailers or other similar vehicles for not more than twenty-four (24) hours at a

time and to park operable automobiles.

B. Enforcement

1. The provision set forth herein are intended to supplement but not to replace

the Policies and Procedures Regarding Enforcement, which are fully applicable

to all violations under these Vehicle Regulations.

2. In the event of the violations of the vehicle rules, the board or its duly

authorized agents shall send a Notice of Violation to the Lot Owner or shall affix

a Notice of Violation to the offending vehicle, any such Notice shall contain such

information as the Board deems appropriate for such notice and shall be in a

form similar to that which is attached hereto as Exhibit C any failure to protest

Notice of a Violation under these rules or failure to request a hearing shall be

deemed as a 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.

VI. Rules and Regulations Regarding Transfer of Ownership

1. In the event of any resale of a Lot, the following rules shall apply except to the

extent that they are in conflict with any applicable law the Declaration or the

Bylaws.

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2. The Association shall provide the Seller of any Lot with a paid assessment evidencing

any and all outstanding assessment, charges and or fees of any kind currently

outstanding on the Lot as well as a Paid Assessment Letter waiving the Associations

right of first refusal if any, the amount of the annual assessments and/or any special

assessments which have ben authorized and levied by the Board against Lot

Owners.

3. Such paid assessment letter shall be provided only to the Lot Owner and/or their

duly appointed and authorized agents.

4. The association and/or the Manager may charge a fee in the amounts set but

contract between the Association and the Manager or by the Managers fees

typically charged for such services.

5. The Association and/or manager may deliver a Paid Assessment Letter and/or

documents requested by the Lot Owner by mail, fax or email as per the Association

and/or Managers standard business practices.

6. The Association and/or Manager may charge an expediting fee for the preparation

and delivery of a Paid Assessment letter.

VII. Rules Related to Leasing, Tenants, and Non-Resident Lot Owners

1. All Lot Owners who do not reside in a Lot or residence located on a Lot owned by

the shall provide the Board with their permanent residential address and a phone

numbers where they may be reached in an emergency.

2. Any expenses the Board may incur in location a Lot Owner who fails to provide such

information shall be assessed to the Lot Owner as a Common Expense. Unless

otherwise provided by lay, 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 notices resulting there from.

3. No Lot Owner may lease less than the entire Lot and accompanying residence, nor

may the Lot be leased for transient or hotel purposes. Every lease must be for a

period of at least six (6) months, unless the Board consents in writing to the

contrary.

4. The Lot Owners must provide the Board/Manager with name and telephone

number of the renter and the number of persons occupying the Lot.

5. Each Lot Owner shall be responsible for providing their tenants with copies of the

Declaration, Bylaws and the Rules and Regulations.

6. IF a tenant violates a provision of the Association instruments, the Board, in its

discretion, shall determine what action or actions should be taken against the Lot

Owner or tenant as the case may be.

7. Any and all tenants do hereby agree to subject themselves to the Declarations,

Bylaws, and Rules and Regulations and other Association Instruments without

limitation.

8. All expenses of the Board in connection with any violations under these Rules shall

be assessed to the account of the Lot Owner responsible as a Common Expense.

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VIII. Severability

If any clause, phrase, provision or portion of these Rules and Regulations or the application

thereof to any person or circumstances shall be invalid, or unenforceable under applicable law, such

even hall not affect, impair, or render invalid or unenforceable the remainder of these Rules and

Regulations nor any other clause, phrase, provision, or portion hereof, nor shall it affect the application

of any clause, phrase, provision or portion hereof, nor shall it affect the application of any clause,

phrase, provision, or portion hereof to other persons or circumstances.

IX. Right to Request Variance and/or Waiver

Any Lot Owner may submit a request for a variance and/or waiver of a Rule or Regulation in writing to

the Board through any of its members, or in the event that no Board Member is available then in care of

the Management currently saving the Association. Until such variance and/or waiver have been

approved, the Lot Owner is said to be in violation of that Rule or Regulation.

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VIOLATION COMPLAINT - WITNESS STATEMENT

PLEASE PRINT OR TYPE. Complete all the information you know. If unknown, please

state so. Attach additional sheets if necessary.

Violation Date:

Violation Time:

Violation Address or Location:

Section(s) of Declaration. Bylaws. or Rules and Regulations that were violated.

Witness' Observations:

Were any photographs or other recordings made Yes No

By whom:

Include all recording and/or photographs with this form or forward as soon as possible. Include

the name of the person who made the tape or photograph. the date it was made, and the name

of anyone else who was present.

1 HAVE MADE THE ABOVE STATEMENTS BASED UPON MY PERSONAL KNOWLEDG

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AND NOT UPON WHAT HAS BEEN TOLD "1'0 ME. I WILL COOPERATE WITH THE

ASSOCIATION AND ITS ATTORNEYS O PROVIDE ADDITIONAL STATEMENTS OR AFFIDAVITS, AND IN THE

EVENT A IIFARING OR TRIAL. IS NECESSARY, 1 WILL APPEAR TO TESTIFY AS A WITNESS.

Received by Association Agent Signed

Date: , 20

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NOTICE OF VIOLATION

To: Date: , 20

Address:

RE: Violation of Declaration, Bylaws, or Rules and Regulations

You are hereby notified, as the Owner of the Lot commonly knosul as,

Woodstock, Illinois located in The Ponds of Bull Valley Homeowner Association (the "Association").

You are hereby charged with violating the Association I)eclaration, Bylaws. or Rules and Regulations.

The actions complained of occurred on or about:

Date: , 20

And are described as follows:

The Association is governed by its Declaration, Bylaws. and various Rules and Regulations that you

are charged with violating. Please note that you must take the actions outlined in the Association's

Policies and Procedures Regarding Enforcement if you believe the charges are unjustified. UNDER

THE RULES AND REGULATIONS, IF YOU FAIL TO REQUEST A HEARING WITHIN THRITY (30) DAYS OR

FAIL TO APPEAR AT A HEARING ON THESE CHARGES, YOU WILL BE FOUND GUILTY BY DEFAULT, AND

FINES, CHARGES, COST EXPENSES, AND LEGAL FEES MAY BE ASSESSED AGAINST YOU AND ADDED

TO YOUR ACCOUNT.

IF A VIOLATION EXISTS THAT HAS NOT ALREADY BEEN CORRECTED, AND YOU FAIL TO MAKE AN

APPROPRIATE CORRECTION. YOU WILL RECEIVE NOTICES OF VIOLATION, AFTER WHICH THE

ASSOCIATION WILL CORRECT THE VIOLATION AT YOUR EXPENSE TO WHICH AN ADMINSISTATIVE

CHARGE IN A MINIMUM AMOUNT OF 00.00 WILL BE ADDED.

Please consult the Association's Rules for further details.

You may request a hearing by singing, dating, and returning the attached Request for a I-

learing from within thirty (30) days to the Association at the address below.

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CERTIFIED MAIL / RETURN RECEIP r REQUESTED

The Ponds of Bull Valley Homeowners Association

C/o Bluestone Management Services

600 Industrial Drive

Cary, IL 60013

Telephone: 847.516.7000

Fax: 847.516.7091

[email protected]

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NOTICE OF DETERMINATION REGARDING VIOLATION

20

Address:

on 20 , You were notified of a violation of the Declaration, Bylaws,

or Rules and Regulations of the Association. Pursuant to the Association rules:

l. A hearing was held at your request and the following determination has been made.

2. You have admitted to the violation by default and waived your right to request a hearing

regarding the violation and the following determination has been made:

3. You have not responded to the alleged violation and therefore are guilty by default. The

following determination has been made.

You were found not guilty and NO action will be taken

A violation of the Associations Declaration, Bylaws, or Rules and

Regulations has occurred, and you have days to complete the actions as follows:

A violation of the Associations Declaration, Bylaws. or Rules and

Regulations has occurred. and a fine in the amount of S is now due.

A fine for a continuing violation will continue until the violation has been

eliminated and the Association has been notified.

D

amages, expenses. and administrative charges in the total amount of $___

have occurred and are now due.

Legal expenses in the amount of $ have been incurred by the Association

and are now due.

Date:

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Damages have occurred or an architectural violation exists as charged in the

complaint, and you are ordered to have the damages or violation corrected or

repaired at your own expense.

As a result of a second or subsequent violation, we have instructed our

attorneys to inform you that legal proceedings will be instituted if further

violations occur, and the expenses will be assessed to you.

The Ponds of Bull Valley Homeowners Association

Manager:

Officer:

20