MARY LOIS HUGHES, ABR Broker
PHONE: (217) 726-3125
An agent for:
Subject to this Declaration and Additions Thereto—Powers,
Duties and Obligations of Board and Owners—Property
Membership and Voting Rights—Covenant
for Membership Fee and Assessment—Easements—Architectural
Authority and Procedure—General
||"Association" shall mean and refer to Grand Oaks
Estates Homeowners' Association, Inc., an Illinois not-for-profit
corporation, its successors and assigns.
||"Properties" shall mean and refer to the property
described in the Plats of the Subdivision.
||"Common Areas" shall mean and refer to all real
and personal property, facilities and improvements now or hereinafter
owned by the Association for the common use and enjoyment of the owners.
||"Conservation Easements" shall mean and refer to
those areas designated on the Plats of Subdivision for the preservation of
the natural beauty of the Subdivision and to preserve the growth of timber
and other plant growth which is presently located thereon. Said easements
shall contain recreational trails, bridges, benches and other related
||"Lot" shall mean and refer to a portion of the
property intended for independent ownership and use as may be set out in
this Declaration and shall be shown on the Plats of Subdivision.
||"Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to any lot
which is a part of the properties, including contract sellers; but
excluding those having such interest merely as security for the
performance of an obligation, unless and until such person acquires title
pursuant to foreclosure or any such proceeding or conveyance in lieu of
||"Member" shall mean and refer to every owner who
therefore is a member of the Association.
||"Developer" shall mean and refer to D.G.H.
Development Corporation, Inc., and
its assigns, if such assigns should acquire a portion of the land
described in Article II, from the Developer, for the purpose of resale to
an Owner or for the purpose of constructing improvements thereon for
resale to an Owner
||"Area of Common Responsibility" shall mean and
refer to the Common Areas together with those areas, if any, upon a lot,
the maintenance, repair or replace of which is made the responsibility of
the Association by this Declaration.
||"Board" shall mean and refer to the Board of
Directors of the Association.
Property Subject to Declaration. The
real property which is, and shall be held, sold, conveyed, encumbered,
leased, rented, used, occupied and improved subject to this Declaration is
located in Menard County, Illinois, and is more particularly described in
the Plats of Subdivision of Grand Oaks Estates, which has previously been
filed of record.
Section 2. The
Common Areas. The
Common Areas are as shown on said Plats. Upon formation of the Association, the Developer shall convey title
to the Common Areas to the Association.
Powers and Duties of the Board. The
Board, for the mutual benefit of the Owners and the Association, shall
have the following powers and duties:
||To improve, maintain or cause to be maintained the
Common Areas and the Conservation Easements, including, but not
limited to, planting, mowing, pruning, fertilizing, preservation and
replacement of the landscaping and the upkeep and maintenance of
walking trails, bridges, sidewalks, and other improvements in the
Common Area and the Conservation Easements, and the upkeep and
maintenance of equipment, signs,
lighting and planting boxes located in the Common Areas and the
||To enter into agreements with the appropriate
governmental authorities to enable the Association to improve and
maintain the Common Areas and the Conservation Easements, or
portions of any thereof.
||To make reasonable rules and regulations for the use
and operation of the Common Areas and Conservation Easements, and to
amend them from time to time, provided that any rule or regulation
adopted by the Board may be amended or repealed by an instrument in
writing signed by the Owners of a three-fourths (3/4) majority of
the total eligible voters of the membership of the Association.
||To enter into agreements or contracts with insurance
companies with respect to insurance coverage relating to the Common
Areas, the Conservation Easements, and/or the Association;
||To enter into agreements or contracts with utility
companies with respect to utility installation, consumption and
service matters relating to the Common Areas, the Conservation
Easements, and/or the Association;
||To borrow funds to pay costs of operation of the
Association, which borrowings may be secured by assignment or pledge
of rights against delinquent Owners or by liens on other Association
assets, if the Board sees fit;
||To enter into contracts, maintain one or more bank
accounts, and, generally, to have all the powers necessary or
incidental to the operation and management of the Association;
||To sue or defend in any court of law on behalf of the
Association and to provide adequate reserves for repairs and
||To make available to each Owner within sixty (60)
days after the end of each year an annual report and, upon the
written request of the Members holding at least three-fourths (3/4)
of the eligible votes of the Association at such time, to have such
report audited (at the expense of the Association) by an independent
certified public accountant, which audited report shall he made
available to each Member within thirty (30) days after completion;
||Pursuant to Article VI hereof, to collect and use any
insurance proceeds to repair damage or replace lost property; and if
proceeds are insufficient to repair damage or replace lost property,
to assess the Owners in proportionate amounts to cover the
||To exercise for the Association all powers, duties
and authority vested in or delegated to the Association by this
Declaration, the By Laws, or the Articles of Incorporation of the
||To employ a manager or firm to manage the affairs and
property of the Association, to employ independent contractors, or
such other employees as the Board may deem necessary, and to
prescribe their duties and to set their compensation;
||To retain the services of legal and accounting firms;
||To enforce the provisions of this Declaration and any
rules made hereunder and to enjoin and/or, in its discretion, seek
damages or other relief from any Owner for violation of such
provisions or rules;
||To contract with any third party or any Owner
(including, without limitation, Developer) for performance, on
behalf of the Association, of services which the Association is
otherwise required to perform pursuant to the terms hereof, such
contracts to be at competitive rates and otherwise upon such terms
and conditions and for such consideration as the Board may deem
proper, advisable and in the best interests of the Association;
||To take any and all other actions and to enter into
any and all other agreements as may be necessary or proper for the
fulfillment of its obligations hereunder, for the operational
protection of the Association or for the enforcement of the
controls, covenants, conditions, restrictions and development
standards contained herein; and,
||To set the assessments, whether annual or special,
described in this Declaration.
2. Membership Meeting. The
first annual meeting of the Members of the Association shall be called
within 180 days after 35 lots have been transferred from Developer to
Class "A" Members, written notice of which first annual meeting
shall be sent to the members at least ten (10) days in advance of such
anything to the contrary in this Declaration provided, until the date of
said first annual membership meeting, no Class A members shall have any
voting rights, and the right of each such Class A member to vote on any
matter is hereby denied until such meeting. Each Annual Meeting of the members of the Association
following such initial annual meeting shall be held at the time and place
specified in the By-Laws of the Association.
3. Liability Limitations. Neither
Developer nor any Member nor the Board nor any directors on the Board (or
any one of them nor the officers if any) of Developer or the Association
shall be personally liable for the debts contracted for or otherwise
incurred by the Association or for a tort of another Member, whether or
not such other Member was acting on behalf of the Association or
otherwise. Neither Developer,
the Association, its directors, officers, agents or employees shall be
liable for any incidental or consequential damages for failure to inspect
any premises, improvements or portions thereof or for failure to repair or
maintain the same. Developer,
the Association or any other person, firm or association liable to make
such repairs or maintenance shall not be liable for any personal injury or
other incidental or consequential damages occasioned by any act or
omission in the repair or maintenance of any premises, improvements or
portions thereof. The
Association shall, to the extent permitted by applicable law, indemnify
and defend all members of the Board and all members of the Architectural
Control Committee, as hereinafter defined, from and against any and all
loss, cost, expense, damage, liability, action or cause of action arising
from or relating to the performance by the Board and such Architectural
Control Committee of their duties and obligations, specifically including,
without limitation, anything arising from or relating to the negligence of
any officer, director, employee or agent of the Board or the Architectural
Control Committee, except for any such loss, cost, expense, damage,
liability, action or cause of action resulting from the gross negligence
or willful misconduct of the person(s) to be indemnified.
4. Reserve Funds. The
Board may establish reserve funds which may be maintained and accounted
for separately from other funds maintained for annual operating expenses
and may establish separate, irrevocable trust accounts in order to better
demonstrate that the amounts deposited therein are capital contributions
and not net income to the Association.
Aggregate deposits in such reserve funds shall not exceed an amount
as may be reasonably determined by the Board to be necessary.
5. Board Powers.
With respect to the performance of the obligations of the
Association hereunder, the Board shall have the right to contract for all
goods, services and insurance, and the exclusive right and obligation to
perform the functions of the Board, except as otherwise provided
6. Owner's Obligations to Repair. Except
for those portions, if any, of each Lot which the Association is required
to maintain or repair hereunder, each Owner shall, at his sole cost and
expense, maintain and repair his Lot and the improvements situated
thereon, keeping the same in good condition and repair and in compliance
with the covenants, conditions and restrictions and development standards
herein contained. In the
event that any Owner shall fail to maintain and repair his Lot and/or such
improvements as required hereunder, Developer or the Association, in
addition to all other remedies available either hereunder, at law or in
equity, and without waiving any of such alternative remedies, shall have
the right, through its agents and employees, to enter upon said Lot and to
repair, maintain, and restore the Lot and the exterior of the buildings
and any other improvements (including, without limitation, all
Improvements) erected thereon; and each Owner (by acceptance of a deed for
his Lot) hereby covenants and agrees to repay to Developer or the
Association, as the case may be, the cost thereof immediately upon demand,
and the failure of any such Owner to pay the same shall carry with it the
same consequences as the failure to pay any assessment hereunder when due.
Developer or the Association, at the cost of the Owner of the
affected Lot, may, if the Owner of such affected Lot fails to promptly
(and in any event, within sixty (60) days following the date of the
casualty) do so following the date of occurrence of the hereinafter
described damage, cause any and all improvements situated upon a Lot which
are damaged or destroyed by fire or other casualty to be repaired and/or
removed so as not to present an unsightly appearance and/or unsafe
1. Owner's Right to Use and Enjoy the Common Areas.
Every Owner shall have a right and easement of enjoyment in and to
the Common Areas which shall be appurtenant to and shall pass with the
title to every lot, subject to the following:
||The right of the Association to charge reasonable
admission and other fees for the use of any facility now or
hereafter situated or constructed upon the Common Areas and to
impose reasonable limits on the number of guests who may use the
||The right of the Association to suspend the voting
rights and right to use the Common Areas and facilities by any Owner
for any period during which any assessment of the Association
against said Owner's Lot remains unpaid, and for any infraction by
an Owner of the Association's published rules and regulations for
the duration of the infraction, and for an additional period
thereafter not to exceed sixty (60) days.
||The right of the Developer with regard to the
Properties which may be owned for the purpose of development, to
grant easements in and to the Common Areas contained with the
Properties to any public agency, authority or utility for such
purposes as will benefit the Properties or parties thereof end
Owners of lots contained therein
||The right of the Association, by a majority vote of
all of the members of the Board, to borrow money for the purpose of
improving the Common Areas, or any portion thereof, for acquiring
additional Common Areas, or any portion thereof, for repairing, or
improving any facilities located or to be located thereon, and to
give as security for the payment of any such loan, a mortgage
covering all or any portion of the Common Area; provided, however,
that the lien and encumbrance of any such mortgage given by the
Association shall be subject and subordinate to any and all rights,
interests, options, easements and privileges herein reserved or
established for the benefit of Developer or any Owner, or the holder
of any mortgage, irrespective of when executed, given by Developer
or any Owner encumbering any lot or other property located within
||The right of the Association to dedicate or transfer
all or any portion of the Common Areas to any public agency,
authority or utility for such purpose and subject to such conditions
as may be agreed to by the members of the Association. No such
dedication or transfer shall be effective unless such dedication or
transfer has been approved (i) by at least 2/3 percent vote of the
Class A members present or represented by proxy who are entitled to
vote at a meeting duly called for such purpose, and (ii) by the
Class B membership of the Association, so long as such membership
||The right of the Association with regard to the
Properties which it may own to grant easements to Developer, any
public agency, authority or utility for such purposes as benefit the
properties or portions thereof and Owners of lots contained therein.
Owner's Right to Use and Enjoy Conservation
easements are those designated on the plats of subdivision for the
preservation of the natural beauty of the subdivision and to preserve the
growth of timber and other plant life which is presently located thereon. The conservation easement shall contain recreational trails,
bridges, benches, and other trail-related structures. Every owner shall have a right to use and enjoy the
recreational trails, bridges, benches, and other trail-related structures
located within the conservation easement.
Each owner's right to use and enjoy
the conservation easements shall be limited to the recreational
trails, bridges, benches, and other trail-related structures located in
said conservation easements. Except
as to said recreational trails, bridges, benches, and other trail-related
structures, each owner, who has a conservation easement located upon his
lot, shall have the full use and enjoyment of said easement subject to the
terms and provisions of this declaration and guidelines hereinafter
established by the Association. It
shall be the duty and responsibility of the Association to install,
repair, and maintain all recreational trails, bridges, benches, and other
trail-related structures located within said conservation easements.
It shall be the duty and responsibility of each owner to otherwise
maintain all other portions of any conservation easements located on or
about his lot, subject to the terms and provisions of this declaration and
any guidelines hereinafter established by the Association.
Every person or entity who is the record owner of a fee or
undivided fee interest in any Lot that is subject to this Declaration
shall be deemed to have a membership in the Association. The foregoing is
not intended to include persons who hold an interest merely as security
for the performance of an obligation, and the giving of a security
interest shall not terminate the Owner's membership. No owner, whether one or more persons, shall have more than
one membership per lot. In
the event of multiple Owners of a lot, votes and right of use and
enjoyment shall be as provided herein.
Membership shall be appurtenant to and may not be separated from
ownership of any lot. Ownership
of a lot shall be the sole qualification for membership.
The rights and privileges of membership including the right to vote
and to hold office may be exercised by a member or a member's spouse, but
in no event shall more than one vote be cast nor office held for each lot.
Association shall have two classes of membership, Class "A" and
Class "B", as follows:
||Class "A". Class "A"
members shall be all Owners, with the exception of the Developer.
Class "A" members shall be entitled to one vote for
each lot in which they hold the interest required for membership by
Section 1 hereof. When
more than one person holds such interest in any lot, the vote for
such lot shall be exercised as those Owners themselves determine and
advise the Secretary in writing, prior to any meeting.
In the absence of such advice, the lot's vote shall be
suspended in the event more than one person seeks to exercise it.
If a lot is owned by a corporation, partnership or trust,
such entity shall designate in writing the person authorized to vote
on behalf of such entity.
||Class "B". The Class
"B" member shall be the Developer.
The Class "B" member shall be entitled to vote for
each lot in which it holds the interest required for membership by
Section 1, Article V, provided that the Class "B"
membership shall cease and become converted to Class ''A"
membership on the happening of either of the following events,
whichever occurs earlier:
||When total votes of the Class "A"
membership equal fifty (50) votes; or,
||At such time as Developer voluntarily
surrenders its Class "B" membership rights.
1. Purpose of Assessments.
The assessments levied by the Association are for the purpose of
promoting the recreation, scenic enjoyment, health, welfare and safety of
the residents and for protecting, advancing and promoting the environment
of the properties for the common benefit and enjoyment of the Owners and
occupants of residences, improvements and maintenance of the Common Areas
and other common facilities and other areas of common responsibility
including but not limited to repair, replacement and additions thereto,
and for the cost of labor, equipment and materials, management and
supervision thereof, all as may be authorized form time to time by the
Board of Directors.
2. Creation of Lien and Personal Obligations of Assessments.
Each Owner of any lot, by acceptance of a deed or other conveyance
therefor, whether or not it shall be so expressed in such deed or other
conveyance, agrees to pay the Association: (a) An entering membership fee,
(b) annual assessments, (c) special assessments and/or individual
assessments against any particular lot, which shall be established and
collected pursuant to the terms of this Declaration, including but not
limited to reasonable fines as may be imposed herein.
such assessments, together with interest thereon, late charges and costs
of collection thereof, including reasonable attorney's fees, (i) shall be
a charge and a continuing lien upon the lot against which any such
assessment is made and (ii) shall also be the joint and several personal
obligation of each person who was an Owner of said lot at the time when
any such assessment made against said lot fell due.
No Owner shall be entitled to a refund of any portion of the
entering membership fee, or any annual or special assessment, or
installment of a special assessment, paid by him, even though said Owner's
membership in the Association terminates prior to expiration of the period
covered by any such assessment or installment theretofore paid by him.
No owner may avoid or escape liability for the entering membership
fee, or any annual or special assessment, or individual assessment,
imposed or levied pursuant to this Article VI by abandonment of his lot or
by attempted waiver of non-user of the benefits of membership in the
Association, or of the Common Areas and facilities.
3. Entering Membership Fee.
Each home owner-occupant or entity who holds an ownership interest
in a lot, by acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance, shall be deemed to
covenant and agree to pay to the Association, within ten (10) days after
first becoming a member of the Association, an entering membership fee of
One Hundred Dollars ($100.00) to be used by the Association for the same
purposes for which annual and special assessments may be levied, provided,
however, that no home owner-occupant or entity shall be required to pay
the entering membership fee more than once, without regard to the number
of lots in which said home owner-occupant from time to time may hold an
ownership interest, and without regard to the number of times said Owner
may again become a member of the Association after said Owner's initial
membership therein terminates.
4. Annual Assessment.
It shall be the duty of the Board, at least thirty (30) days prior
to the Association's annual meeting, to prepare a budget covering the
estimated costs of operating the Association during the coming year which
may include a capital contribution or reserve in accordance with a capital
budget separately prepared. The
Board shall cause the proposed budget and the assessments to be levied
against each lot for the following year to be delivered to the last known
residence address of each member at least thirty (30) days prior to the
meeting. The budget and the
assessment shall become effective unless disapproved at the annual meeting
by a vote of at least fifty-one percent (51%) of the total Association
membership votes including those votes of the Class "B" member
or members. Notwithstanding the foregoing, however, in the event the
members disapprove the proposed budget or the Board fails for any reason
to determine the budget for the succeeding year, then and until such time
as a budget shall have been determined as provided herein, the budget in
effect for the then current year shall continue for the succeeding year.
is agreed and understood that until such time as the first annual meeting
of members of the Association, the Developer shall have the right to
establish, assess and levy an annual assessment for each lot no longer
owned by Developer.
5. Special Assessments.
In addition to the annual assessments authorized above, the
Association may levy in any calendar year, a special assessment for the
purpose of defraying in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of a described capital
improvement upon the Areas of Common Responsibility, including the
necessary fixtures and personal property related thereto, provided that
any such assessment shall have the assent of two-thirds (2/3) of the votes
of the total membership, that being Class "A" members and Class
"B" members, who are voting in person or by proxy at a meeting
duly called for this purpose, written notice of which shall be sent to all
members not less than 30 days in advance of the meetings setting forth the
purpose of the meeting. The
Board of Directors may make such special assessments payable in
installments over a period which may, in the Board's discretion, extend in
excess of the fiscal year in which adopted.
6. Individual Assessment.
In the event that the need for maintenance or repairs of the Areas
of Common Responsibility is caused through the willful or negligent act of
an Owner, his family, his guests or invitees, or in the event that an
Owner of any lot shall fail or refuse to maintain such lot, or repair or
replace the improvements located thereon in a manner satisfactory to the
Board, or to the Architectural Control Committee, then, the Association,
after approval by vote of 75% of all members of the Board, shall give such
written notice of the Association's intent to provide the required
maintenance, repair or replacement, at such Owner's sole cost and expense.
The Owner shall have fifteen (15) days within which to complete
said maintenance, repair or replacement, or if such work cannot be
accomplished within said fifteen day period, to commence said maintenance,
repair or replacement. If
such Owner fails or refuses to discharge properly said obligations as
outlined above, the Association shall have the right, through its duly
authorized agents or employees to enter at reasonable hours of any day,
upon said lot to perform such work. The
Association may levy an individual assessment upon any lot, except as
provided in Section 7 of this Article, to cover the cost and expense
incurred by the Association in fulfilling the provisions of this
7. Exemption from Assessment. The
following property subject to this Declaration shall be exempt from all
assessments, charges and liens created herein: (a) All properties to the
extent of any easement or other interest therein dedicated and accepted by
any public authority and devoted to public use. (b) All Common Areas as
defined in Article I hereof. (c) Any vacant land or lots owned by a Class
"B" member unless a lot is occupied as a residence. Any such
land or lots owned by a Class "B"' member shall be maintained by
such Class "B" member at such member's sole cost and
8. Assessment Due Dates
The annual assessment for each lot shall commence on the first day
of the month following the transfer of ownership of the lot from Developer
to the Owner. The method of payment and due dates for annual assessments
shall initially be as established by the Developer, and subsequently
thereto, by the Association, in accordance with Section 4 of this Article
VI. The method of payment and due dates for individual assessments shall
be as determined by the Board in accordance with Section 6 of Article VI.
The Association shall prepare a roster of lots and assessments applicable
thereto, which shall be open to inspection by any member upon reasonable
notice to the Board.
Annual and special assessments shall be charged against each lot.
The annual assessment for each lot, as set by the Developer, and
subsequently thereto, by the Board, shall be determined by dividing the
amount of estimated costs and expenses (including a reasonable contingency
fund) to be incurred by the Developer and/or Association for the year in
question by the total number of lots in the Subdivision and the number of
multi-family housing units in the Subdivision.
10. Effect of Nonpayment of Assessments; Remedies of the
Any assessments which are not paid when due shall be delinquent.
Any assessment or assessment installment delinquent for a period of
more than ten (10) days may incur a late charge in an amount as the Board
may determine from time to time. The
Association shall cause a notice of delinquency to be given to any member
who has not paid, within the ten (10) days following the due date.
If the assessment or assessment installment is not paid within
thirty (30) days, the Association may declare the entire balance of such
assessment for the remainder of such annual period due and payable in
full, and a lien shall include the late charge, interest on the principal
amount due at the maximum allowable rate from the date first due and
payable, all costs of collection, reasonable attorney's fees actually
incurred, and any other amounts provided or permitted by law.
In the event that the assessment remains unpaid after sixty (60)
days, the Association may, as the Board shall determine, institute suit to
collect such amounts or to foreclose its lien.
Each Owner, by acceptance of a deed or other conveyance of a lot,
vests in the Association or its agents, the right and power to bring all
actions against such Owner or Owners personally for the collection of such
charges as a debt and/or to foreclose the aforesaid lien in the same
manner as other liens for the improvement of real property. The lien
provided for in this Article shall be in favor of the Association and
shall be for the benefit of all other Owners.
The Association, acting on behalf of the Owners, shall have the
power to bid on the lot at any foreclosure sale or to acquire, hold,
lease, mortgage and convey the same.
No Owner may waive or otherwise escape liability for the
assessments provided for herein, including by way of illustration but not
limitation, abandonment of the lot.
11. Subordination of Lien.
The lien provided for in this Declaration shall be subordinate to
the lien of any first mortgage now or hereafter placed upon the lot
subject to assessment, provided, however, that such subordination shall
apply only to the assessments which have become due and payable prior to a
sale or transfer of such lot pursuant to a decree of foreclosure, or any
other proceeding in lieu of foreclosure including
but not limited to a mortgagor in possession or appointment of receiver.
Such sale or transfer shall not relieve such property from
liability for any assessments thereafter becoming due, nor from the lien
of any such subsequent assessment.
12. Estoppel Certificate.
The Association shall, upon request of a member, at any reasonable
time, furnish an estoppel certificate signed by an officer or other
authorized agent of the Association, setting forth the amount of unpaid
assessments and/or other charges, if any, against said member's lot, up to
a given date or time of conveyance. Also,
said estoppel certificate will certify as to whether or not there are
violations of the Governing Documents on the lot as of the date of
preparation of the certificate. Said
certificate shall be delivered to the place of closing, and all
outstanding assessments and other charges, if any, and a reasonable
charge, as determined by the Board, to cover the cost of providing such
certificate shall be deducted from the Seller's account at the closing and
transmitted directly to the Association.
1. Utility Easements.
Developer hereby reserves the right to create easements upon,
across, over, through and under the properties for ingress, egress,
installation, replacement, repair and maintenance of all utility and
service lines and systems including, but not limited to water, gas,
telephones, electricity, television, cable or communication lines and
systems. By virtue of these
easements, it shall be expressly permissible for the Developer or the
providing utility or service company to install and maintain facilities
and equipment on the property, to excavate for such purposes and to fix
and maintain wires, circuits and conduits on, in and under the land
providing such company restores disturbed areas to the condition in which
they were found.
2. Easement to Inspect.
Developer hereby grants and creates an easement in favor of the
Association for ingress and egress on any lot to inspect such property for
alleged violations of these covenants, the By-Laws of the Association, and
any rules or regulations promulgated by the Association, based on formal,
written complaints, and/or compliance with architectural standards and/or
approved plans for alterations and improvements.
3. Easement for Landscaping and Related Purposes.
There shall be and is hereby reserved to the Developer for as long
as it retains its rights as Developer, a non exclusive easement over all
lots and Common Areas (whether public or private) for the purpose of
erecting and maintaining street intersection signs, directional signs,
temporary promotional signs, street lights, entrance features and/or theme
areas, lighting, stone, wood or masonry wall features and/or related
4. Conservation Easements.
Developer hereby grants and creates,
as designated on the Plats of Subdivision, for the benefit of Owners
as specified in Article IV, Section 2 herein,
certain easements on, across, over, and through the Properties for
preservation of the natural beauty of the Subdivision, to preserve the
growth of timber and other plant life which is presently located thereon,
and to allow for the installation of trails, bike paths, bridges, benches
and other trail-related structures.
Anything contained in the foregoing Article VII of
this Declaration to the contrary notwithstanding, no site preparation
on any Lot or change in grade or slope of any Lot or erection of
buildings or exterior additions or alterations to any building
situated upon the Property or erection of or changes or additions in
fences, hedges, walls and other structures, or construction of any
swimming pools or other Improvements, shall be commenced, erected or
maintained on any Lot until the Architectural Control Committee (herein
called the "Architectural Control Committee") appointed as
hereinafter provided, has approved the plans and specifications therefor
and the location of such
Until such time as the first annual meeting of the Association as
herein provided, Developer shall annually appoint the members of the
Architectural Control Committee, which will be composed of at least three
(3) individuals (the exact number of members of the
Architectural Control Committee to be designated by Developer from time to
time), each generally familiar with residential and community development
design matters and knowledgeable about the Developer's concern for a high
level of taste and design standards within the Project.
In the event of the death or resignation of any member of the
Architectural Control Committee, Developer, for so long as it has the
authority to appoint the members of the Architectural Control Committee,
and thereafter, the remaining members of the Architectural Control
Committee, shall have full authority to designate and appoint a successor. Members of the Architectural Control Committee may be removed
and replaced at any time with or without cause, and without prior notice,
by Developer, for so long as Developer has the right to appoint the
members thereof, and thereafter by the Board.
No member of the Architectural Control Committee shall be liable
for claims, causes of action or damages (except where occasioned by gross
negligence or willful misconduct of such member) arising out of services
performed pursuant to this Declaration.
Subsequent to the first annual meeting, (and earlier if Developer
specifically assigns this right to the Board), the Board shall designate
the number of and appoint the members of the Architectural Control
Committee on an annual basis. At
any time Developer may elect not to designate the number of and/or appoint
the members of the Architectural Control Committee and may assign this
right to the Board.
No Improvement of any kind or nature shall be erected, remodeled or
placed on any Lot until all plans and specifications therefor and a site
plan therefor have been submitted to and approved in writing by the
Architectural Control Committee, as to:
||quality of workmanship and materials, adequacy of
site dimensions, adequacy of structural design, and facing of main
elevation with respect to nearby streets;
harmony of the external design, color, type and appearance of
respect to topography and finished grade elevation and effect of
location and use on neighboring Lots and improvements situated
thereon and drainage arrangement;
||the other standards set forth within this Declaration
(and any amendments hereto) or as may be set forth within bulletins
promulgated by the Architectural Control Committee, or matters in
which the Architectural Control Committee has been vested with the
authority to render a final interpretation and decision.
plans and specifications (including a site plan showing the location of
the contemplated Improvements on the Lot) for all Improvements proposed to
be constructed on a Lot shall be submitted in triplicate to the
Architectural Control Committee for approval or disapproval.
In addition, Lot Owners shall submit to the Architectural Control
Committee an initial inspection fee.
The initial inspection fee shall be initially set at $75.00, but
may be revised by the Architectural Control Committee upon approval by the
Developer or a majority of the Board.
In the event that it is necessary for the Lot Owner to submit
subsequent revised plans and specifications, additional inspection fees
may be required by the Architectural Control Committee, which shall be
determined by said Committee based on the number and the nature of the
revised plans and specifications. The
Architectural Control Committee is authorized to request the submission of
samples of proposed construction materials.
At such time as the plans and specifications meet the approval of
the Architectural Control Committee, one complete set of plans and
specifications will be retained by the Architectural Control Committee and
the other complete sets of plans and specifications will be marked
"Approved" and returned to the Lot Owner or his designated
representative. If found not
to be in compliance with these covenants, conditions and restrictions or
if found to be otherwise unacceptable to the Architectural Control
Committee pursuant hereto, one set of plans and specifications shall be
returned to the Lot Owner marked "Disapproved", accompanied by a
reasonable statement of items found not to be in compliance with these
covenants, conditions and restrictions or otherwise being so unacceptable.
Any modification or change to the Architectural Control
Committee-approved set of plans and specifications (specifically
including, but without limitation, the above-described site plan) must
again be submitted to the Architectural Control Committee for its
inspection and approval. The
Architectural Control Committee's approval or disapproval, as required
herein, shall be in writing. Once
the Architectural Control Committee has approved of plans and
specifications for Improvements, the construction of such Improvements
must be promptly commenced and diligently pursued to completion and if
such construction is not commenced within twenty-four (24) months
following the date of approval of the plans and specifications therefor by
the Architectural Control Committee, such approval shall be deemed
construction of Improvements can thereafter be commenced on the Lot in
question, the plans and specifications therefor must again be approved by
the Architectural Control Committee pursuant to this Article VIII.
Architectural Control committee may from time to time publish and
promulgate architectural standards bulletins which shall be fair,
reasonable and uniformly applied in regard to the Lots and shall carry
forward the spirit and intention of these covenants, conditions and
restrictions. Although the Architectural Control Committee shall not have
unbridled discretion with respect to taste, design and any standards
specified herein, the Committee shall be responsive to technological
advances or general changes in architectural designs and materials and
related conditions in future years and use its best efforts to balance the
equities between matters of taste and design (on the one hand) and use of
private property (on the other hand).
Such bulletins shall supplement these covenants, conditions and
restrictions and are incorporated herein by reference.
The Architectural Control Committee is authorized and empowered to
consider and review any and all aspects of the construction of any
Improvements on a Lot which may, in the reasonable opinion of the
Architectural Control committee, adversely affect the enjoyment of one or
more Owners or the general value of the Property or the Project.
The Architectural Control Committee shall have the specific
non-exclusive right (but no obligation) to enforce the provisions
contained in this Article of this Declaration and/or to prevent any
violation of the provisions contained in this Article of this Declaration
by a proceeding at law or in equity against the person or persons
violating or attempting to violate any such provisions contained in this
Article of this Declaration.
6. Definition of "Improvement".
The term "Improvement" shall mean and include, but not be
limited to, all buildings,
storage sheds or areas, roofed structures, parking areas, fences, walls,
hedges, mass plantings, poles, driveways, ponds, lakes, changes in grade
or slope, site preparation, clothesline installation, swimming pools,
tennis courts, signs, exterior illumination, changes in any exterior color
or shape and any new exterior construction or exterior improvement
exceeding $1,000.00 in cost which may not be included in any of the
foregoing. The definition of
Improvements does not include garden shrub or tree replacements or any
other replacement or repair of any magnitude which ordinarily would be
expensed in accounting practice and which does not change exterior colors
or exterior appearances. The definition of Improvements does include both
original Improvements and all later changes to Improvements.
7. Failure of the Architectural Control Committee to Act.
If the Architectural Control Committee fails to approve or
disapprove any plans and specifications and other submittals which conform
(and which relate to Improvements which will conform) with the
requirements hereof or to reject them as being inadequate or unacceptable
within thirty (30) days after submittal thereof, and provided such
submittal was a full and complete submittal of all items that were to have
been submitted to the Architectural Control Committee it shall be
conclusively presumed that the Architectural Control Committee has
approved such conforming plans and specifications and other submittals,
EXCEPT that the Architectural Control Committee has no right or power,
either by action or failure to act, to waive or grant any variances
relating to any mandatory requirements specified in the Declaration.
If plans and specifications or other submittals are not
sufficiently complete or are otherwise inadequate, the Architectural
Control Committee may reject them as being inadequate or may approve or
disapprove part, conditionally or unconditionally, and reject the balance.
The Architectural Control Committee is authorized to request the
submission of samples of proposed construction materials.
8. Limitation of Liability.
Neither the Architectural Control Committee nor the members thereof
nor Developer shall be liable in damages or otherwise to anyone submitting
plans and specifications and other submittals for approval or to any Owner
by reason of mistake of judgment, negligence or nonfeasance arising out of
or in connection with the approval or disapproval or failure to approve or
disapprove any plans or specifications.
No member of the Architectural Control Committee shall be entitled
to compensation for, or be liable for, claim, causes of action or damages
(except where occasioned by gross negligence or arbitrary and capricious
conduct) arising out of services performed pursuant to this Article. The
Association shall reimburse members of the Architectural Control Committee
for reasonable out-of-pocket expenses incurred by such members in the
performance of their duties as members of the Architectural Control
1. Land Use.
The Properties committed to this Declaration as described in said
Plats of Subdivision shall be used for residential purposes only, and no
trade or business of any kind may be carried on therein, except as to home
office activities, which are allowed to be conducted on any lot, provided
such activity or activities do not involve:
||The presence of any employee, owner, supervisor,
client or customer who is not a member of the household of the lot
||The regular pickup or delivery by any commercial
||The storage, warehousing, manufacturing or sale of
any products on the lot.
||Violation of any other provision of this declaration.
Nuisances. No nuisance or offensive activity shall be permitted upon the
properties so as to jeopardize property values or be detrimental to the
enjoyment, comfort and well-being of the members Each Owner shall refrain and prohibit any act or use of a lot
which could reasonably cause embarrassment or annoyance to other Owners or
occupants, and the Board shall have the power to make and enforce
reasonable rules and regulations in furtherance of this provision.
No lot shall be used except for single family residential
The total floor area of the main structure, exclusive of
basement, one story open porches and garages shall:
||Have a ground floor area of not less than 1800 square
feet for a one story dwelling.
||If more than one
floor of living area, have a ground floor area of at least 1200
square feet with a total of at least 2000 square feet.
||All driveways located upon a lot shall be constructed
of a hard surface to accommodate typical residential use. Driveways
must be constructed of rock (minimum 6" CA-6), asphalt,
concrete, brick or other durable material. Driveways shall be no
less than 10 feet in width.
constructed upon a lot shall include a garage that is consistent
with the overall architectural design of the residence on the lot in
question as determined by the Architectural Control Committee.
||All accessory buildings shall be incidental to the
residential use of the Property and shall conform and be consistent
with the overall architectural design of the residence on the lot in
question as determined by the Architectural Control Committee.
Architectural Control Committee may, in its discretion, permit a variance
as to the minimum square footage so long as such variance is no more than
20% of the minimum required square footage.
trailer, basement, tent, shack, garage, or barn placed on any lot shall,
at any time, be used as a residence, temporarily or permanently.
A11 buildings shall be located within the building site lines as
established by the Architectural Control Committee and any engineer
employed by the Architectural Control Committee.
The gradeline of any lot shall be maintained to correspond with
that of surrounding property. All grade lines will be set by the engineering company
employed by the Developer or the Association prior to any construction.
The topography of the lot shall not be altered so as to keep water
from flowing as designed.
7. Vacant Lots.
All vacant lots shall be kept in a natural state, free of invasive
weeds and foreign species, and shall not be permitted to fall into an
unsightly condition. Any
vacant lot which falls into an unsightly condition may be maintained by
the Association at the expense of the Owner, and such expense shall be considered a Special Assessment to that
Owner by the Association.
Certain Site Improvement Limitations.
television or radio aerial or antenna, or other antenna or dish or
signal receptacle, for reception or transmission, shall be
maintained on the exterior of any lot, living unit, or the Common
Areas without the prior written consent of the Architectural Control
pools on lots containing single family residences shall be
constructed within the building setback lines, and shall not be
located in the front of the single family residence. If located
above ground, the pool must be fenced so as to not be visible from
||Stationary outside clothes lines will not be
permitted and clothes hanging devices such as lines, poles, and
frames, shall not be stored outside when not in use.
||Outdoor lighting may be used for general night
activities and for security purposes. Outdoor lighting shall be
selectively located, oriented and sized so as not to be an
unreasonable annoyance or nuisance to lot owners. At ground level,
outdoor level shall not exceed five foot candles.
9. Sale/Storage of Liquor.
No spirituous, vinous or malt liquor shall be sold, or kept for
sale, on any lot.
10. Animals, Livestock, and Poultry.
No animals, livestock or poultry of any kind shall be raised, bred
or kept on any lot, except that dogs, cats or other generally recognized
household pets may be kept; provided that they are not kept, bred or
maintained for any commercial purposes.
Such domestic pets shall not be permitted to cause or create a
nuisance, disturbance or unreasonable amount of noise which may affect any
resident or other person on the Owner's lot.
Such domestic pets, at all times, must be within the voice control
of the pet owner, or must be on a leash held by a person whenever such
domestic pets are allowed upon the Common Areas or the trails included in
the Conservation Easements. Notwithstanding
any other provision to the contrary binding, the Association may adopt
binding rules and regulations from time to time pertaining to the keeping
of any and all pets upon the properties when the Association determines
such action to be in the best interest, well being, and enjoyment of any
or all of the residents of the Grand Oaks Estates Subdivision.
No lot, or any part hereof, shall be used, either temporarily or
permanently, to sell, store or accumulate used cars, parts therefrom, or
junk of any kind or character whatever.
No owner, tenant, guest or other person shall park, store, or keep
on any lot or Common Area, outside the confines of an enclosed garage, any
commercial vehicle, boat or other water craft, motor home, trailer, camper
or other transportation devices of any kind.
The Architectural Control Committee may allow the parking or
storage of certain motor homes, trailers, or campers outside an enclosed
garage so long as, in the sole opinion of the Architectural Committee, a
natural or constructed shield exists to block the view of such vehicles by
neighbors, users of the Common Areas and trails, and passing traffic.
Owner, tenant or other person shall repair or restore any vehicle of any
kind upon any lot or Common Area outside the confines of an enclosed
garage. No vehicles, that are
not in a condition to be normally operated, may be stored or situated on
any lot for more than seven (7) days, unless stored within the confines of
an enclosed garage. Trucks
with tonnage in excess of one ton shall not be permitted to park overnight
on the streets, driveways or otherwise within the property.
No vehicle of any size which transports inflammatory or explosive
cargo may be kept on the property at any time.
owner of each lot will be responsible for providing, on such lot,
sufficient parking area for all vehicles normally parked and/or situated
on/or in regard to such lot, such that on-street parking will not be
any provisions heretofore stated in these covenants and restrictions, the
Association shall have the power and authority from time to time to adopt
additional regulations regarding the parking and storage of
Rubbish, trash, garbage or other waste shall be kept in sanitary
containers, and shall not be stored, kept deposited or left on any lot or
any other part of the properties, except such garbage and rubbish which
shall necessarily accumulate from the last garbage and rubbish collection.
Sanitary containers shall not be permitted to remain in public view
except on days of collection. No
burning of trash, garbage, yard waste or removed vegetation shall be
permitted. Burning of trees
felled in the preparation for construction or of trees damaged by disease,
wind or storms. is not allowed unless the Architectural Control Committee
issues a single use permit for the burning of trees.
13. Signs. No
sign of any kind shall be maintained or displayed on any lot except one
sign of not more than one (1) square foot in area, identifying the
occupants of the dwelling, one sign of not more than ten (10) square feet
in area advertising the property for sale or rent, and signs used by
contractors during the construction of any improvements thereon.
14. Mail Receptacles.
The Architectural Control Committee shall have the right and power
to prescribe and enforce uniform mail receptacles throughout the
No fencing shall be permitted in front yards.
Fences, walls and screens shall be allowed in rear and side yards
only for the purpose of:
||containment of children or pets, except that dog kennels, pens and
dog runs are expressly prohibited;
||protection of swimming pools; and
||protection of gardens or other delicate areas.
All fencing, walls and screens shall require the
prior approval of the Architectural Control Committee for installation.
All lot owners are required to preserve the natural beauty of the
subdivision and to preserve the growth of timber which is presently
located thereon. No
significant cutting of timber shall be allowed on any lot except as to the
cutting or removal of trees as is necessary for the purpose of enhancing
the beauty of the area, to foster future growth of remaining trees, and to
allow for construction thereon. No
tree larger than four inches caliper shall be removed or cut without prior
written approval of the Architectural Control Committee.
17. Erosion Control During Construction
During clearing and construction, until all exposed dirt from
excavation has been removed from the lot or brought to an approved final
grade surrounding the dwelling unit and until the lot is permanently
landscaped with vegetation or landscaping material, the lot owner shall
take such steps as are necessary to prevent the erosion and washing of
soil from the lot.
mud and landscape waste carried from the lot onto other properties and
common areas such as easements, rights of way and roadways, by erosive
forces or by vehicles leaving a construction site, shall be cleaned up
daily or as necessary, at the expense of the lot Owner.
18. Diligence During Construction All
construction of a dwelling must be completed with due diligence and within
a twelve month period of time after commencement of construction. During
any period of construction or repair, the Owner responsible for such
construction and repair shall maintain proper safety procedures, including
appropriate construction barriers. Any
construction use of easements for ingress and egress shall be minimized so
as to not interfere with traffic and so as not to create offensive dust,
debris, noise, or fumes. Amy
damage to common areas or private lots, wherever located, caused by
construction traffic shall be promptly repaired by the Owner so as to
place such damaged area in the condition which existed immediately prior
to the construction period. If,
during any phase of construction activities, disruptions occur which
obstruct or otherwise negatively affect the traffic flow or activities of
the other lot owners, the Architectural Committee may direct the Owner to
immediately cease and desist using the contractors or subcontractor
causing said disruption and the Owners shall promptly comply with such
19. Alteration of Natural Drainage Flow. Owners shall not alter or restrict the natural drainage flow
in existing draws, or, in any manner, without first obtaining the express
written permission from all contiguous or adjacent lot owners, which might
be affected by said alteration of natural drainage.
No pond or water reservoirs other than as established by Developer
shall be permitted.
20. Water Supply.
Connection to the public water supply is required. Private wells
are not permitted.
21. Sewage Disposal
Aeration Units or Buried Sand Filters shall be required on all lots
with residences or multi family dwellings when construction is completed.
The Units or Filters must meet all Illinois Department of Public
Health regulations and requirements as well as all Illinois Environmental
Protection Agency regulations and requirements.
The Units or Filters must be installed, replaced or repaired by
licensed contractors as licensed by the Illinois Department of Public
Health and must be installed, repaired, or replaced in conformance with
the Private Sewage Disposal Act and Code of 1984, as amended from time to
time hereafter. A detailed drawing of the aeration unit or filter system
showing the placement of the unit or filter system must be submitted to
the Architectural Control Committee for its approval prior to issuance of
a building permit for the installation, repair, or replacement of
said aeration unit or filter system.
All said Units or Filters must be inspected by the Architectural
Control Committee before the system is backfilled.
If the Owner fails to have the Architectural Control Committee
inspect the Unit or Filter system before it is backfilled, then the Owner
shall be subject to a fine not to exceed $200.00 and the Owner shall be
responsible for the cost to expose the system for inspection by the
22. Subdivision of Lots No
lots shall be subdivided except the lot between and contiguous to two
other lots may be purchased and divided by said contiguous lot owners. No
dwelling may be constructed on property less than a full lot.
23. Hazardous Substances. No
Owner shall cause or permit the presence, manufacturing, use, disposal,
storage, or release of any Hazardous Substances on or in their respective
lot. Owners shall not do, nor
allow anyone else to do, anything affecting their lot that is in violation
of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage
on their lot of small quantities of Hazardous Substances that are
generally recognized to be appropriate to maintenance of the premises.
shall promptly give the Association written notice of any investigation,
claim, demand, lawsuit, or other action by any governmental or regulatory
agency or private party involving their lot and any Hazardous Substance or
Environmental Law of which Owners have actual knowledge.
If the Owner learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any
Hazardous Substance affecting their lot is necessary, the Owner shall
promptly take all necessary remedial actions in accordance with directives
or guidelines of the appropriate governmental agency and with
used in this Section 25, "Hazardous Substances" are those
substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials.
As used in this Section 25, "Environmental Law" means
federal law and the laws of the jurisdiction where the Property is located
that relate to health, safety, and environmental protection.
24. Oil and Mining Operations. No
oil drilling, oil development operations, oil refining, quarrying, soil
stripping, or mining operations of any kind shall be permitted upon or in
any lot, and no oil wells, tank, tunnels, mineral excavations or shafts
shall be permitted upon or in any lot.
No derrick or other structure designed for use in boring for oil or
natural gas shall be erected, maintained, or permitted upon any lot.
25. Additional Rules and Amendments.
From time to time the Association shall adopt additional rules and
amend existing rules, including but not limited to, rules to regulate
potential problems relating to the use of the Properties and the
well-being of the residents, tenants, guests, and invitees.
Such additional rules may only be adopted or amended by a
two-thirds vote of the members, following a hearing for which due notice
has been provided to all lot owners of record.
As such additional rules and any subsequent amendments hereto shall
be furnished in writing to all lot owners of record prior to the effective
date of such rules and shall be binding on each lot Owner and all actual
residents and their guests when furnished in writing. Copies of such rules
may also be filed for record with these covenants and when filed, shall
become a part hereof.
1. Common Area Insurance.
The Board shall have the authority to and shall obtain insurance
for the Common Areas and all improvements situated thereon, and for any
other real or personal property of the Association against loss or damage
by fire and such other hazards as the Board may deem desirable to insure
against, for the full insurable replacement cost of said Common Areas,
improvements situated thereon and other real and personal property of the
Association. The Board shall
also have the authority to and shall obtain comprehensive public liability
insurance, including liability for injuries to and death to persons, and
property damage, in such limits as the Board shall deem desirable,
insuring the Association, its Directors, Officers, Committee Members,
employees, and Agents from liability in connection with Common Areas,
improvements located thereon, and other real and personal property of the
Association, and insuring the Directors, Officers and Committee Members of
the Association from liability for good faith acts or omissions beyond the
scope of their respective authorities.
Such insurance coverage shall include cross‑liability claims
of one (1) or more insured parties against other insured parties.
Premiums for all such insurance shall be a common expense of the
The Directors, Officers and Committee Members of the Association
shall not be liable to any Owner or any Member, or any person claiming by
or through any such owner or Member, for any act or omission to act in the
performance of their duties, and the Association shall have the power to
indemnify all such Directors, Officers and Committee Members from all
claims, demands, actions and proceedings and any expense in connection
therewith, except if such Director, Officer or Committee Member shall be
adjudged in any such action or proceeding to be liable for willful
misconduct in the performance of his duties.
The Board shall be authorized and empowered to:
||make and enforce reasonable rules and regulations
governing the conduct, use and enjoyment of the Properties;
||impose reasonable fines, which shall constitute a
lien upon the lot of a member, and/or suspend such member's right to
use the Common Areas and the right to vote, for not more than thirty
(30) days, or such time as a violation may continue and sixty (60)
days thereafter for violation of this Declaration, the By-Laws or
any Rules and Regulations which have been duly adopted by the
||begin any action in any court on behalf of the
Association and all Owners to abate any nuisance, or otherwise to
protect the values and integrity of the Subdivision; and
||recover costs incurred by the Association in
enforcing these protective and restrictive covenants, including
Procedure. The Board
shall not impose a fine, suspend voting, begin court action or infringe
upon any other rights of a member or other occupant for violation of rules
unless and until the following procedure is followed:
||Demand. Written demand to cease and desist
from an alleged violation shall be served upon the alleged violator
||The alleged violation;
||The action required to abate the violation; and,
||A time period, not less than ten (10) days,
during which the violation is a continuing one, or a statement
that any further violation of the same rule may result in the
imposition of sanction after notice and hearing if the
violation is not continuing.
||Notice. Within six
months of such demand, if the violations continues past the
period allowed in the demand for abatement without penalty, or if
the same rule is subsequently violated, the Board shall serve the
violator with written notice of a hearing to be held by the Board in
executive session. The notice shall contain:
||The nature of the alleged violation;
||The time and place of the hearing, which time shall be not less than
ten (10) days from the giving of the notice;
||An invitation to attend the hearing and produce
any statement, evidence and witnesses on his or her behalf;
||The proposed sanction to be imposed.
||Hearing. The hearing shall be held in
executive session pursuant to this notice affording the member a
reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof
of notice and the invitation to be heard shall be placed in the
minutes of the meeting. Such
proof shall be deemed adequate if a copy of the notice together with
a statement of the date and manner of delivery is entered by the
officer or director who delivered such notice.
The notice requirement shall be deemed satisfied if a
violator appears at the meeting.
The minutes of the meeting shall contain a written statement
of the results of the hearing and the sanction, if any, imposed.
1. Articles and By-Laws of Association.
The Articles of Incorporation and By‑Laws of the Association shall
be made a part hereof.
If any provisions of this Declaration or the By-Laws of the
Association or any section, sentence, clause, phrase or word or the
application thereof in any circumstance, is held invalid by the judgment
or order of any court of general jurisdiction, the validity of the
remainder of the Declaration and said By-Laws, and the validity of the
application of any such provision, section, sentence, clause, phrase or
word in any other circumstances, shall not be affected thereby.
All applicable restrictions, covenants, laws, and ordinances of the
County of Menard, or, if applicable, the City of Petersburg, shall be
considered a part of these restrictions and covenants and nothing herein
shall be construed to approve or permit anything prohibited by law or such
3. Title holding Trust.
In the event title to any parcel is conveyed to a title-holding
trust, under the terms of which trust the powers of management, operation
and control of said parcel remain vested in the trust beneficiary or
beneficiaries thereunder, the Beneficiaries shall be deemed the Owner or
Owners of said parcel and subject to all of the terms and provisions of
this Declaration and the By-Laws of the Association.
No claims shall be made against any such title holding trustee
personally for payment of any entering membership fee, assessment, lien or
other charge created by this Declaration or said By-Laws, and the trustee
shall not be obligated to sequester funds or trust property to apply in
whole or in part against such entering membership fee, assessment, lien or
other charge, provided, however, that the amount of such entering
membership fee, assessment, lien or other charge shall continue to be a
charge and lien upon each parcel conveyed to said title holding trust, and
the joint and several personal obligation of the beneficiaries of said
trust at the time any entering membership fee, assessment, lien or other
charge with respect to any such parcel became due and payable,
notwithstanding any transfers of the beneficial interest of said trust, or
any transfers of title to any such parcel.
4. Notice of Sale, Lease or Mortgage.
In the event an Owner sells, leases or executes a contract for deed
of the Owner's property, the Owner will be required to give to the
Association, in writing, the name of the purchaser or lessee of the
5. Amendments and Supplemental Declarations.
Any amendments and supplemental declarations shall set forth the
covenants, conditions, restrictions, easements, development guidelines,
charges and liens to which the property covered thereby shall be subject.
Such amendments, modifications, covenants, conditions,
restrictions, easements, charges and liens may contain additions,
deletions and modifications from those contained in this Declaration, as
the parties subjecting such property to the scheme of this Declaration may
desire, provided, if such party is other than Developer, as a condition to
such party's right to so impose such additions, deletions or
modifications, such party must first obtain the prior written consent
thereto of Developer and the Association, acting through its Board, in
such manner as required by the By-Laws of said Association. No amendment
or supplemental declaration shall require a lot owner to remove any
structures constructed in compliance with the Declaration existing on the
date on which the construction of any such structure was commenced.
Such amendment or supplemental declaration shall not become
effective until the instrument evidencing such amendment or supplemental
declaration has been filed of record.
It is expressly agreed and understood that, until such time as the
first annual meeting of the Association as hereinafter provided, Developer
may make amendments and create and impose supplemental declarations in
regard to all or any part of the property and thereby supplement, modify
and/or amend the terms and provisions hereof.
The covenants and restrictions of this Declaration, amendments thereto and
supplemental declarations, shall run with the property herein described,
for a term of thirty (30) years from the recording date of this
Declaration and the recording date of any amendments thereto or
supplemental declarations, after which time they shall be automatically
extended for successive periods of ten (10) years, unless at the
expiration of any such period, the covenants and restrictions, as amended
and supplemented hereafter, are expressly terminated by an instrument
signed by the Board of Grand Oaks Estates Homeowner's Association, Inc. in
conformance with the By-Laws of said Association.