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