Hidden Creek Condo I Association Rules & Guidelines Effective June 15, Table of Contents

Transcription

1 Hidden Creek Condo I Association Rules & Guidelines Effective June 15, 2010 Table of Contents Subject Page Policy... 2 Board Membership... 4 Reimbursement Resolution... 4 Damage to Common Elements... 5 Insurance... 6 Assessments... 7 Rental of Units... 9 Sale of Units Architectural Control Decks and Patios Storm Doors and Windows Exterior Siding Front Doors and Balconies Privacy Fences Main Garage Doors Roofs Satellite Dishes Lighting Driveway, Sidewalks, and Stoops Architectural Maintenance Landscaping Rules of the Road Parking Sticker Requirements and Guidelines Signs and Lockboxes Storage of Items Garbage Pets (Cats and Dogs) Bus Stops Homeowner Conduct Garage/Yard Sales Page 1 of 30

2 Policy I. If a unit owner violates any of the provisions of the Declarations, By-Laws, and/or rules and regulations of the Association, the violator is subject to a fine(s). Each homeowner is responsible for the actions of everyone living in their unit including renters. Each homeowner is also responsible for the actions of guests invited by the homeowner or by anyone else living the unit. The homeowner shall be responsible for all damages and/or subject to fines for the behavior of the said above. Separate incidents violating rules or causing damage are separate violations. II. For the Board to believe a violation may have occurred, the following actions must occur: A. The violation must be witnessed by a Board member, an employee or agent of the Association, a resident of the community or another person. B. The complaining part must file a witness statement if they are not a Board member or an employee of the Association. III. Based upon the severity of the violation, whether there was financial damage and any extenuating circumstances, a violation is considered minor or major. A. The first minor violation will result in only a notification of the violation by the managing agent. B. For major violations the unit owner shall be notified of the violation and offered a hearing by the Board through the managing agent or the appropriate authorized personnel of the Association or the Association s attorney. 1. The unit owner shall pay for the time, costs and expense of the notification. In addition, the unit owner shall also pay any legal fees incurred by the Association as they are billed to the Association by the Association s attorney. 2. Should the unit owner or renter be found innocent of the violation, the fees described above will be borne by the Association. IV. The Board may offer to the homeowner either a Paper Hearing, a Board Hearing, or a choice of a Paper Hearing or a Board Hearing. A. A Paper Hearing is a written statement from the homeowner explaining their position on the alleged rule violation. B. In a Board Hearing, the homeowner can meet with the Board to explain their position on the alleged rule violation at a regularly scheduled Board meeting. C. After either type of hearing, the Board shall hear and consider arguments, evidence or statements regarding the alleged violation. D. After a full hearing, the Board shall state its determination regarding the alleged violation. If the homeowner does not respond to the notification of violation by responding with a Paper Hearing or requesting a Board Hearing, the Board will decide whether there was a violation based on available evidence. E. The Board may respond as follows: Page 2 of 30

3 1. The homeowner did not violate the rule 2. The homeowner violated the rule and: a) Board assesses a fine b) Board allows homeowner to restore to original condition c) Board assesses a fine but allows homeowner to restore to original condition d) Board assesses a fine and restores to original condition charging back homeowner for cost of restoration e) The Board may, in addition, to 2 a, b, c and d above authorize the Managing Agent to fine homeowner and offer a hearing for additional, repeated violations by the homeowner. F. The decision of the Board shall be final and binding on the unit owner. V. For further minor violations after reasonable time after initial notification the Board may: A. Assess a fine and offer the homeowner a hearing and/or B. Take other actions necessary to prevent or mitigate the effects of the violation. VI. Upon repeated or continued violations by a homeowner/renter, the Board may: A. Assess fines and offer a homeowner a hearing B. May forward the matter to the Association s attorney for appropriate legal action. The homeowner will be responsible for the costs incurred. VII. Payment of charges VIII. Notification A. Payment of charges made under this policy shall not become due and owing until the Board has completed its determination. However, other legal or equitable remedies may be pursued by the Board during this time. B. Any charges assessed for violation as above by the unit owner or renter will be charged to the unit owner and be due the Association within 30 days after notification that such charges are due. Failure to make the payment in this time shall subject the unit owner to all of the legal or equitable remedies necessary for the collection thereof. A. Time is of the essence of this policy. Notices are deemed made when deposited in the United States mail, postage prepaid, to the unit owner at the address, or to such other address as the unit owner shall have previously filed with the Association. B. Notification may contain such demands as are necessary to protect the interest of the Association in accordance with the provisions of the Declaration, By-Laws and/or rules and regulations of the Association. Page 3 of 30

4 IX. Fines charged to homeowners by the Board will be $50 per violation, except as specified elsewhere in the rules. X. The remedies above are not exclusive, and the Board may, in addition, take any action provided for in the Declaration and By-Laws to prevent violation of the rules and regulations of the Association. Board Membership I. Board members are elected in accordance with the By-Laws. Once elected, a Board member should remain in good standing with the Association. Any Board member who incurs a history of the following shall be asked for their resignation: A. 60 days delinquent in assessments B. Violation of the Declaration, By-Laws or Regulation of the Association C. Violation of the Declaration, By-Laws or Regulations of the Community Association (Master Board) D. Discussion of items discussed during executive session of Board meetings to any homeowner other then Board of Directors E. Misrepresenting the Board by unauthorized actions not agreed to by the Board and/or Board President F. Excessive absences from Board Meetings 4 or more absences within a 12 month period. II. Regular meetings will be held monthly on a day and time determined by the Board and announced to the homeowners by such means as may be practical. These meetings: A. Will be held at the Hidden Creek Clubhouse, or other place B. Will be open to all voting members in good standing and other adult members of each household C. Business will be conducted when a quorum of the Board is present Groves of Hidden Creek Condominium Association, Inc. Reimbursement Resolution (July 1985) I. Condominium Board members sometimes make decisions or enforce regulations which may be unpopular with homeowners or residents. On occasion, disgruntled residents retaliate against Board members. In the past, Groves of Hidden Creek Condominium I Association Board members have been victims of vandalism, presumably directed at them because they are Board members. II. The Condo I Board feels it is unfair for the individual Board member to bear the cost of such injury or damage. To compensate Condo I Board members from such actions, the Board enacts the following resolution Page 4 of 30

5 III. BE IT RESOLVED: The purpose is to compensate Groves of Hidden Creek Condominium I Association, current or past, Board members from injury or property damage presumably directed at them as Board members. Such compensation will be a common expense. IV. If a past or current Board member is the victim of vandalism or other acts causing injury to themselves or their families, or damage to their property in the Groves of Hidden Creek Condominium, the Board member shall make a complaint to the Board. V. The current Board, in its sole and absolute discretion, shall decide whether or not to compensate the complaint in each particular incident. The complaining Board member shall abstain from voting on the issue. VI. It is not the intention of this Board to compensate Board members from and all acts of vandalism or injury. Such compensation is specifically restricted to injury or damage occurring on the grounds of the Groves of Hidden Creek Condominium Association. In each instance, the Board shall consider if other homeowners were also the victims of vandalism or injury arising from the same incident. If other homeowners or residents were also victims, the complainant shall NOT be compensated, under the presumption the injury or damage was not directed solely at the Board member. VII. If the person(s) causing such injury or damage is known, that person shall be liable for all costs arising from the incident under the Rules and Regulations and Declaration and By-Laws or the Groves of Hidden Creek Condominium I Association Inc. and/or Illinois law. Damage to Common Elements I. Any homeowner who causes any damage to any part of the Common Elements or Community areas, whether it is due to a willful act or negligent behavior, is liable to the respective Association (Groves of Hidden Creek Condominium I, Groves of Hidden Creek Condominium II or Groves of Hidden Creek Community Association) for the full cost of the repairs or replacements necessitated by this act and any incidental costs. II. Homeowners are also liable to the respective Association for the full cost of the repairs or replacements necessitated by a willful act or negligent behavior of: A. Their invited guest(s) or visitor(s) B. All occupants of the unit, including minors C. Invited guest(s) or visitor(s) of an occupant of the unit III. When any homeowner shall become liable to any of the three Associations for a willful act causing damage, all occupants in the homeowners unit is barred from using any common or community recreational facilities either as an owner or a guest for a period of 90 days, and shall be barred from using the pool facilities either as an owner or guest of a homeowner for a period of one year. Page 5 of 30

6 IV. The Association may offer a reward of up to $1, for information leading to the arrest and conviction of any person or persons damaging the common element of the Grove of Hidden Creek. V. Association is not responsible for damage to personal property left unattended on landscaped portions of common elements done by contractors hired by the Board. Insurance I. The Association carries insurance to cover catastrophic losses to the property. The insurance coverage includes: A. All common areas of the building are covered under this policy as well as the structure of the individual unit through the primer coat of paint on the drywall. Standard cabinetry and built-in appliances will also be covered. Homeowners who have upgraded any of these items are responsible for insuring the upgrade. B. All common area structures, including the clubhouse (and its decorating and contents), all equipment used for building and grounds operation and maintenance, fences, light posts, street signs, Association signs, recreational equipment, including the swimming pool, landscaping, etc. C. All claims are subject to the deductible on the insurance policy. II. All maintenance and general repairs that are not covered by the Association s insurance are the responsibility of the homeowner. The Association requires that each homeowner should have a Condominium Owner s Policy to cover his or her contents and public liability within the limit. The policy should include such items as: A. The finish coat of paint B. Air conditioner C. Carpeting, padding and tiles D. The cost of upgrades to your cabinetry, dishwasher and garbage disposal E. Personal possessions F. Plumbing the homeowner will be fully responsible for any/all damages caused by any means of alteration of the original water, electric, gas or sewer lines, including, but limited to the cost of the repair to the neighbor s and/or the Association s property. G. The Associations insurance policy deductable A current Certificate of Insurance is required to be sent to the Managing Agent. Normally the insurance agent will send the certificate to the managing agent. III. When casualty losses occur, it is the homeowner s responsibility to report them to the Managing Agent immediately. If a homeowner fails to report a loss in a timely manner and the insurance company denies the claim because of untimely reporting, the homeowner becomes liable for the loss. IV. In cases where the damage is less than the Association s deductible, the unit owner s insurance, or the unit owner personally, will be responsible to pay for the damage. Page 6 of 30

7 V. In cases where the damage is more than the Association s deductible, the responsible unit owner will be charged back for the Association s deductible. Assessments I. Each fall, the Board prepares and distributes to each homeowner a proposed budget for the upcoming calendar year. This budget reflects the estimated cost of services and supplies for the Groves of Hidden Creek Condominium I and a portion of the Groves of Hidden Creek Community Association. Homeowners are notified of the Board meeting to discuss the adoption of the proposed budget. This budget is divided as assessments among the unit owners based on their percentage of ownership as required by the Illinois Condominium Property Act. A. All assessments and any special assessments or other lawful charges of the Association are payable on the first of the month. Any payment received after the 10 th of the month, or if the 10 th falls on a weekend or a Holiday, the first business day following the 10 th, is considered late. Late payments are subject to a $25.00 late charge. II. Assessment payments must be sent to the Managing Agent: A. Payments can be sent by mail, but sufficient time must be allowed for the payment to be delivered to the Remittance Center by the 10 th, or if the 10 th falls on a weekend or a Holiday, the first business following the 10 th. B. Payments may also be direct debited each month. C. Payments that are hand-delivered to the Managing Agent s office are subject to a convenience fee for hand processing. III. The Board may waive late fees under the following circumstances: A. When the late fee(s) is a result of the Managing Agent s or Board s error, or caused by circumstances beyond the control of the homeowner, Managing Agent or Board B. When the homeowner sends a written request to waive one late fee (no reason is necessary) and no late fee has been waived for the homeowner without reason before. C. The Board cannot waive assessments or costs associated with collecting assessments such as legal fees IV. Homeowners, whose account becomes 30 days past due, will receive a delinquency notice from the Managing Agent requesting payment in full within 10 days. Owners are encouraged to work out a payment plan before their account is sent to the attorney to avoid any additional costs as outlined below. A. Money owed in the account may include, but not be limited to: 1. Assessments and special assessments Page 7 of 30

8 2. Work done by the Association for the homeowner, such as siding, roofing, fire wall, etc. 3. Late fees 4. Costs of collecting assessments, such as attorney fees, court and sheriffs costs 5. Fines and costs to restore common elements 6. Administrative charges B. Homeowners unable to pay in full within 10 days should notify the Board in writing or the Association will turn the homeowner s account over to the Association s attorney, and the homeowner will be responsible for any legal costs incurred. The homeowner s written request, sent to the Managing Agent, must include: 1. A specific repayment schedule 2. A partial payment toward the delinquency 3. Reasons for the late payment may be included, but are not required C. The Board will review written requests for payment plans at the next scheduled monthly meeting. The Board reserves the right to accept or reject any deferred payment plan. V. Homeowners whose account is days in arrears and without a Board approved payment plan will be turned over the Association s attorney: A. The Association s attorney will begin collection of the account as allowed in the Declaration and By-Laws of the property and the Illinois Condominium Property Act. B. All legal fees necessary to collect past due assessments are the homeowner s responsibility and shall become part of the assessment amount due. C. Once the account is turned over to the Association s attorney, all correspondence from the homeowner regarding the account can only be sent to the Association s attorney. D. The Board will still consider written payment plans sent via the attorney after the account has been turned over to the attorney. VI. Legal proceeding for collection include: A. At 60 days past due, a Notice and Demand for forcible Entry and Detainer is sent by the attorney requiring payment in full within 30 days. Attorney s fees for this notification are added to the homeowners account. Homeowners not complying with this request may lose possession of their unit. B. At 90 days past due, a Compliant for Forcible Entry and Detainer is prepared to be filed in court. Notice of this preparation is provided to the owner allowing seven days to pay in full. Additional attorney fees are assessed for complaint and notice preparation. C. At 120 days past due, the Forcible Entry and Detainer Complaint Motion is filed with the court. Court costs and Sheriffs costs, in addition, attorney fees accrue. Further costs and time frames are determined through the court proceedings until possession or the Association acquires the unit. Page 8 of 30

9 VII. The Board reserves the right to alter these proceedings and use other remedies allowed under the Declaration and By-Laws of the Association and/or available by statute. VIII. If a homeowner submits a NSF check: A. There will be a fine in an amount agreed to by the Managing Agent and the Board B. There will be a late charge and possible collection actions taken as if the check was not received C. If a homeowner submits more than one NSF check within 12 months: 1. The Association requires the homeowner to replace the NSF check with a certified or cashier s check or money order within 30 days. No cash can be accepted. 2. There will be a fine in an amount agreed to by the Managing Agent and the Board. 3. There will be late charges and possible collection actions as if any NSF checks were not received. 4. If the funds are not submitted in the proper form within the required 30 days, the homeowner will be responsible for the original amount, owing, late fees, attorney s fees, court costs and other damages triple the original amount owing. 5. Furthermore, the Association shall require that future monthly payments to the Groves of Hidden Creek Condo I shall be made by certified or cashier s check or money order until such time the Board approves the owner s written request to pay by personal check. The owner s request must explain to the Board why the Board can be assured that the homeowner s personal check will be honored by the bank. The Board reserves the right to accept or deny any such request. Rental of Units I. Each homeowner who rents, leases or subleases his or her unit, must obtain a lease rider from the Managing Agent. A. This rider is a binding agreement in which the renter agrees to abide by the rules and regulations of the Groves of Hidden Creek Condominium I. B. The rider requires the homeowner to acknowledge that all monthly assessments must be paid regardless of any agreement or problem with the renter. C. There is a nominal charge for this rider which includes the most recent copy of the Groves of Hidden Creek Condominium I Rules and Regulations. D. The homeowner/landlord shall provide to the association a copy of their rental license issued by the Village of Palatine. Page 9 of 30

10 II. A signed copy of the lease rider and a copy of the actual lease listing all tenants must be returned to the Managing Agent for Association records. III. A criminal background will be done on all tenants over 18 years old. Any tenant with with a felony conviction during the past five years is not permitted to rent in Groves of Hidden Creek Condo I. A fine of up to $50 per day will be assessed to any homeowner renting a unit in which a tenant with a felony conviction is living in. IV. If within 30 days of the request for this information, the homeowner has not complied, a $150 fine will be assessed monthly until the records are provided. V. Failure of a homeowner to notify the Managing Agent that their unit is being rented will result in a $200 fine. VI. Residents in rented units are subject to all Hidden Creek Condo I rules. Any fines resulting from the actions of the residents in the rented units shall be assessed to the unit owner. VII. The unit owner will provide the Managing Agent their telephone number(s) as well as the telephone number(s) of the tenants. Sale of Units I. The sale of any unit in the Groves of Hidden Creek Condo I requires a release from the Association. II. Homeowners should notify the Managing Agent at least 30 days before closing. III. The Association must confirm the following before the release is given: A. All assessments must be paid in full through the month of closing. All fines, late fees, legal fees, work done by the Association for the homeowner and/or special assessments must also be paid in full. B. Exterior elements of the unit being sold, which are the homeowner s responsibility to maintain under the Declaration and By-Laws must be properly maintained per Board standards. These include, but are not limited to: 1. Driveways, walks and stoops 2. Windows 3. Siding and Trim 4. Privacy fences 5. Decks and patios 6. The roof 7. Homeowner installed flower beds (buyer must agree to maintain or homeowner must restore to original) C. The Association shall inspect the unit. The results of the inspection will be included in the closing letter. Items needing repair, but not repaired before closing become the buyer s responsibility to fix after closing. Page 10 of 30

11 IV. Homeowner is required to give buyer Responsibility for Maintenance Statement furnished by the Association. Seller is deemed to satisfy this requirement when Association receives a letter from the buyer s attorney stating the statement was received. V. There is a charge for this release determined per contract between the Board and its Managing Agent. VI. No warranty is expressed or implied by the Association that unit building will not need repair after sale. Architectural Control I. Any alteration to the structure of the unit, including, but not limited to, the alteration of load bearing walls, supporting beams, roof or foundations, is prohibited without the express written authorization of the Board. Some structural changes will be allowed on an individual basis when the plans are submitted on an Architectural Control Improvement Form. (Contact Management for form). II. Any changes to the exterior of the unit or structures adjacent to the unit require an approved Architectural Control Improvement Form. These changes include, but are not limited to, decks, patios, storm doors and windows, main doors, garage doors, antennas, satellite dishes, permanent gas grills, lighting, including landscape lighting, privacy fences and gutters. III. Approved Architectural Control Forms are good for 6 months after the Board approval date. If the improvement date is not completed within those six months, a new form must be submitted. IV. After the improvement is completed, the homeowner must resubmit the form to get final Board approval within 30 days of completion. The Board may fine the homeowner up to $50 for failure to resubmit the application for final approval. The Board may not approve a completed improvement for the following reasons: A. Improvement is different from submitted plans B. Incorrect material were used C. Poor workmanship was used V. The homeowner will have 30 days to make any Board required corrections to the improvement. If the corrections are not made correctly, the Board may, at its discretion, either give the homeowner another opportunity to make correction(s), or hire a contractor to either correct the improvement or restore to original. All costs will be charged back to the homeowner. VI. Homeowners may maintain, repair or replace improvements without submitting an additional Architectural Control Improvement Form so long as the work done does not change the improvement as specified in the original application. Page 11 of 30

12 VII. The Board will periodically inspect homeowner improvements. The Board may either require homeowners to make any necessary repairs or hire a contractor to make repairs. If the improvement is in disrepair, the Board can also have the improvement removed and the area restores to its original condition. Removal costs will be charged back to the homeowner. VIII. Should architectural changes be made to a unit without the Board s written authorization, the Board may restore the area to its original condition. All costs of such restoration shall be charged back to the unit owner. In addition, at the discretion of the Board, a fine of not less than $100, but not to exceed 150% of the restoration costs, may be levied against the unit owner. IX. The Village of Palatine requires Building Permits for many types of improvements. Homeowners are responsible for acquiring Building Permits before starting any improvements. An Architectural Control Improvement Form does not change any Village of Palatine requirements. The Architectural Control Improvement Form must be approved by the Board prior to obtaining the Building Permit. Decks and Patios I. Decks and patios must be confined to the rear and/or side of the unit to the area bounded by the unit, the back of the garage and the privacy fence. Decks and patios must not extend more than ten (10) feet from the furthest point of the individual unit owner s foundation, excluding the chimney. II. Patios: III. Decks: A. Concrete patios must have a minimum of four (4) inches of concrete with a base of gravel or sand four (4) inches thick, on top of undisturbed ground. Control joints must be struck on all concrete slabs. B. Stone slabs, brick, etc. must be laid on a four (4) inch base of limestone screening. All prevention of weed growth will be the responsibility of unit owner. C. Concrete, stone slabs, bricks, etc. must have an inspection of the base material prior to the installation of the finished material. A forty-eight (48) hour notice must be given to management to request this inspection. A. To prevent sagging all posts must be anchored with concrete footings at least fort-two (42) inches below ground level with a minimum of six (6) inches in diameter. All decks are subject to a footing inspection prior to pouring of concrete. A forty-eight (48) hour notice must be given to management to request this inspection. B. Decks may not be attached to the unit. New decks may not touch the units siding. Page 12 of 30

13 C. Any enclosures or railings surrounding the deck normally must not exceed more than thirty-six (36) inches from the top surface of the deck. Railings up to forty-two (42) inches high may be allowed for safety reasons where steps are required. D. An opening for access to the common area must be provided. Gates that cannot be opened by a standard latch are not permitted. Gates must be hinged and any latch must be easily opened from the common area. E. Decks must be constructed of one of the following materials: 1. Pressure treated wood 2. Redwood 3. Cedar 4. Trex (plastic which looks like wood) F. Decks may be coated with appropriate stains whose colors harmonize with the surroundings. The color of the stain must be indicated on the Architectural Control Improvement Form. Storm Doors and Windows I. All storm doors and storm windows must be durably constructed of quality materials. Plastic sheeting may not be used on the exterior of the building. Window frames may be constructed so windows open and close by sliding horizontally. Single and double hung windows are also allowed. No other style of window frame is allowed. Frame color of new windows or storm doors must be white. II. Broken or clouded double pane window(s) should be replaced with new ones by the homeowner. The Association may require homeowners to replace broken or clouded window(s) upon written notification. Homeowners are also allowed to replace their windows to improve thermal insulation or to otherwise improve their unit. Unit owners do not require Association approval to replace their window(s) if the new window(s) are the same style as the previously existing window(s) and are white. Homeowners are required to submit an Architectural Control Form and get approval from the Association for replacing their window(s) with new, differently styled and/or tinted window(s). III. All window wells must have secure cover over them. Exterior Siding I. Hidden Creek Condo I units are covered with maintenance free vinyl siding. It is very important not to damage the siding. Damaged siding may allow water inside and damage the structure of the unit and/or the interior. Nothing may penetrate the vinyl siding or the aluminum wrapped fascia, including, but not limited to nails and screws. The Board may fine homeowners up to $100 for penetrating the siding. The homeowner will be financially responsible for repairing damage to the siding and leakage. Penetrating the siding may also void the warranty. Page 13 of 30

14 II. Homeowners are only allowed to affix things onto the siding by Velcro or suction cups. Homeowners are not allowed to mount anything onto the siding using nails, screws, tape or glue. Painting of the vinyl siding is not allowed. III. Damaged siding is to be repaired by insured, competent contractors. All vinyl siding is Alcoa Silhouette Exteriors double 4. Front Doors and Balconies I. Homeowners are responsible for maintenance of doors and balconies. Installation of vinyl siding in 2000 caused many existing doors and balcony paint colors to no longer ideally match the siding color. Homeowners are encouraged to repaint these the following colors to enhance the appearance of their units: A. Front Doors: Exterior white paint: First apply white exterior primer, then white exterior paint. Paint door with additional costs of paint if necessary to completely cover door. B. Garage Access Doors: May be replaced with white doors by homeowners. An Architectural Control Form must be approved prior to work if replacement will modify the doorframe or surrounding siding. C. Balconies: May be natural wood finish or be painted to match trim color of building. Homeowners are responsible for keeping balconies structurally safe and sound for use. Board may periodically inspect balconies for proper upkeep. The Board may require homeowners to make any necessary repairs or hire a contractor to make repairs with costs charged back to homeowner. Any Board inspections do not affect each homeowner s responsibility for insuring balconies are safe during use. II. In the future, the Board may require homeowners to repaint doors or balconies as described above. The Board may also hire a contractor to repaint these and charge the cost back to the homeowner. Privacy Fences I. Most privacy fences were installed in 2000 using maintenance free materials. These fences are all white plastic outside. II. Homeowners are only allowed to affix things onto privacy fences by Velcro or suction cups. Homeowners are not allowed to mount anything onto privacy fences using nails, screws, tape or glue. Painting of privacy fences is not allowed. III. If the white privacy fences become damaged, repairs should be made with white vinyl material similar to those in the original installation. IV. All posts must be anchored with concrete footings at least forty-two (42) inches below ground level with a minimum of six (6) inches in diameter. Page 14 of 30

15 V. There are still some wooden privacy fences in Condo I. Repairs of these fences may be made with pressure treated lumber, cedar or redwood to match the existing fence. Any replacement posts must be anchored with concrete footings at least forty-two (42) inches below ground level with a minimum of six (6) inches in diameter. VI. Wooden privacy fences may be replaced with maintenance-free fences. These replacement fences should use the same or similar materials as listed above for white privacy fences. Replacement fence height and length should be the same as original fence. Homeowners are required to have an approved Architectural Control Improvement Form before replacing an old privacy fence or installing a new fence. VII. Homeowners on either side of each privacy fence equally share in the responsibility of maintaining it. Main Garage Doors I. Homeowners are financially responsible for maintenance of their garage doors. Replacement garage doors need to be white steel doors of similar design as existing door and should match the style of the existing doors. Roofs I. Homeowners are financially responsible for maintenance of their roofs. Almost all roofs in Condo I were replaced from Roofs have 25 year warranties on shingles. II. Shingle color and type must be approved by the association prior to any roofing repairs. III. Any repair work on roofs must be done by insured roofing contractors. IV. Before roofing repairs are made, homeowners must obtain approval from the association. To get approval, homeowners must submit an Architectural Control Improvement Form listing: a. The color and type of shingles b. The name and address of the contractor c. A certificate of insurance from the contractor listing Groves of Hidden Creek Condominium I as an additional insured V. Fiberglass shingles are only allowed on top of new roofs or on top of roofs with existing fiberglass shingles. Page 15 of 30

16 VI. Roofs shared by two homeowners must be all be re-roofed at the same time to insure the roof is properly repaired.. Satellite Dishes I. Homeowners are allowed to install satellite dishes on their roofs, sides of their units, or poles not more than 10 feet from the rear or side of their unit s foundation only. The satellite dish should be placed in the least obvious position possible. Vendor must install the satellite dish. By attaching satellite dish on the roof or siding, homeowners may void the existing roof or siding warranty. Homeowner assumes all responsibility for any damage caused by installation of satellite dishes, including leakage. II. Homeowners must have an approved Architectural Control Improvement Form prior to constructing a pole for the satellite dish. All posts must be anchored with concrete footings at least forty-two (42) inches below ground level with a minimum of six (6) inches in diameter. The pole must be constructed of durable, weather resistant materials. III. The installation must be planned and carried out without any alteration of the surrounding existing common elements, including the building and landscaping anywhere on the property. Normal growth of trees and bushes need to be accounted for also. Lighting I. New lighting can only be installed with an approved Architectural Control Improvement Form. All lighting wiring must be in compliance with the Village of Palatine building code. All spotlights should not shine more than fifteen (15) feet from the unit nor into any neighbor s window. II. The Association encourages owners to leave their exterior lights on all night for security and safety reasons. Driveways, Sidewalks and Stoops I. An approved Architectural Control Improvement Form is required before any changes to driveways, sidewalks and stoops are made. Possible changes include, but are not limited to, changes in materials and installation of railings or ramps. II. Homeowners are responsible for maintaining driveways, sidewalks, and stoops. Periodic maintenance normally includes seal coating, asphalt driveways, crack filling and top coating. Deteriorated driveways, sidewalks and stoops should be replaced. If same materials are used, replacement is not considered a change requiring an approved Architectural Control Improvement Form. III. The Board will periodically inspect driveways, sidewalks and stoops. The Board, at its discretion, may have the homeowner make any necessary repairs noted during the Page 16 of 30

17 inspection. If the homeowner does not make those repairs, the Board may hire a contractor to make the repairs, and then charge the costs back to the homeowner. IV. Alternatively, the Board may hire a contractor to make any repairs necessary (charging costs back to homeowner) without allowing the homeowner to make repairs. The Board will notify the homeowner as promptly as possible. I. General Architectural Maintenance A. Each unit owner shall maintain, repair, replace, clean and paint all portions of the Common Elements adjacent to and serving the owner s unit and reserved for the exclusive use of that unit owner. B. Under the Declaration, these include, but are not limited to, the 1. unit building foundation 2. firewall and brickwork 3. the exterior wall and structural portion of the unit building 4. the unit building roof 5. any attached structures such as a balcony, privacy screen and porch roof 6. the driveway, walkway and stoop 7. deck, patio, porches and steps 8. privacy fences 9. fireplace chimney 10. the unit building sump and sanitary discharge systems up to the main lines 11. storm doors 12. screens 13. basement window wells 14. gutters 15. exterior lights 16. address numbers 17. any other exterior building component or apparatus attached to or adjacent to and serving the owner s unit C. The maintenance, repair and replacement of structures for the exclusive use of a unit owner and next door neighbor, such as the privacy fence and the firewall, shall be shared by both owners upon mutual agreement or by directive from the Board. D. Each unit owner shall also maintain, repair and replace any portion of the unit that is visible from the outside. These include, but are not limited to, exterior doors, including garage and service doors, patio doors, all windows and the air conditioner. E. All action concerning exterior maintenance, repair or replacement shall be in accordance with the specifications and requirements in these rules and regulations and shall be subject to the approval of the Board. Page 17 of 30

18 F. If the Board must perform maintenance, repairs, replacement, cleaning or painting for which the owner is responsible under IA, IB, IC or ID above, as a result of: 1. The Board s obligation to protect the Common Elements under the Declaration. 2. The requirement of these rules, or 3. A request by the owner of the unit building 4. The cost of such maintenance, repair or replacement shall be assessed to the unit(s) so served upon the completion of the work. The cost shall include any expense incurred by the Board in contracting out the work. Furthermore, the fact that the Board performed such maintenance shall not transfer any unit owner responsibility to the Board for any future work relating to this maintenance and shall not relieve the owner from any other present or any future responsibility under the Declaration or these rules. II. Need for Maintenance, Repair, Replacement III. Notices A. The Board will determine whether and what form of maintenance, repair and replacement is needed each year. 1. The Board may determine that all unit buildings in a portion of Condo I require work or a particular form of work because of time elapsed since maintenance was last performed because of some condition which is common to the majority of unit buildings in that portion. 2. The Board may determine that a specific unit building(s) need work even if other buildings in the same portion of Condo I do not need work. Such required maintenance may be extensive or for a small area. B. Unit owners shall inspect around their unit buildings each year and shall perform interim maintenance as needed. If an owner must or decides to undertake a major repair or replacement project, the owner must inform the Board and comply with the specifications and requirements in these rules and with any Board directives for the particular project. A. The Board will notify unit owner by 1 st class mail when maintenance, repairs or replacements are required. The notice may include a diagram of the unit building on which the Board may give directives for the required work. B. The notice will give a deadline date when the work must be completed. Unless immediate work is needed to protect the unit building or adjacent structures or unless work is required at the sale of a unit, the deadline will be at least 45 days following the date of the letter. C. If work cannot be completed by the deadline, the owner may request an extension. The Board will consider the individual circumstances in deciding to grant the extension or not. IV. Performing Maintenance Page 18 of 30

19 A. After receipt of a notice that maintenance, repair or replacement is required, the unit owner shall perform the work by one of the following options within the time stated in the notice. 1. The unit owner may perform work himself/herself unless the Board directs otherwise for a particular type of project (for example, roofing or driveway replacement). 2. A unit owner may contract with another individual or company to perform the work. The owner shall provide to the contractor and the contractor shall comply with the applicable rules, specification and any directives from the Board. The unit owner shall inform the contractor that his/her work must pass the Board s inspection and that corrections may be needed before final approval. The owner shall arrange to pay the contractor directly. The owner shall inquire and hire contractors who carry liability insurance and workman s compensation insurance for employees, if any; and should have themselves, the Association and the Management Company named as additional insured on the certificate. 3. A unit owner may pay to the Association the cost of performing work required by the Board when the Board has a program set up for a specific maintenance project.. a. The purpose of this option is to relieve owners, who so choose, from the task of contracting out and overseeing exterior maintenance projects and to group work from several units into one contract. Its purpose is not to generate estimates for comparison. Thus the Board may calculate general estimates for a specific maintenance project but the Board will not estimate extra work that a specific unit may require. b. The unit owner shall be charged under this program for the actual work done on or to the benefit of his/her unit building and for any costs incurred in contracting out the work. Charges shall be considered an assessment and shall be billed upon completion of the work. c. Each maintenance program set up by the Board under this option shall be subject to procedures and restrictions that the Board deems to be necessary for the program. Such may include, among others, deadlines for joining the program, requests in writing, down payments, restrictions on the type of work undertaken, or duration of the program. d. The Board shall hire a contractor(s) that has the experience and insurance required by Board policy for work in Condo I. All direction to the contractor shall come solely from the Board. The contractor shall perform the work so that the standards for completed work under these rules are fully met. 4. The Board may hire a contractor to perform work without the unit owner having the option to have to do the work as described above in IV A or IV B. The Board shall charge back the unit owner for all costs associated Page 19 of 30

20 with the work. The Board will notify the homeowner as promptly as possible. B. The fact that exterior maintenance work has been done under an Association program shall not relieve a unit owner of any other present or any future responsibility under the Declaration or these rules. V. General Standards for Completed Maintenance, Repair or Replacement A. Whether the work was required by the Board or undertaken by homeowner choice, and without regard to who had actually performed the work, whether homeowner or another person, paid or unpaid, or contractor hired by the homeowner or by the Board, maintenance, repair or replacement work for which the homeowner is responsible, under Section I above, shall meet the following general standards of completion. 1. The work shall follow accepted practices for the type of repair or replacement undertaken and shall be done in accordance with the requirements and specifications in these rules and any directives from the Board unless a variation for cause is accepted by the Board upon written request. These rules may contain requirements and specifications for particular types of exterior maintenance, repair and replacement and, if so, they are incorporated into this standard. 2. The completed work shall be safe for ordinary use and be structurally sound and all parts shall be secure in their proper positions. The architectural design shall match the existing design and colors for Condo I buildings unless the Board has approved a change. 3. The completed work shall have a neat and finished appearance. The job site shall be cleaned up and any damage to the site repaired. 4. The completed work shall be subject to approval by the Board. Approval shall be based on substantial and reasonable compliance with these standards. Any completed work that the Board specifically rejects under these standards shall be considered in violation of the rules. 5. For all improvements and changes, the unit owner shall submit to the Board a detailed drawing with dimensions of the improvement, and other measurements and details so that the design concept is clear to those reading the request. The drawing should be sent to the Management Company for processing. VI. Inspections A. Each unit building requiring work will be inspected by the Board, after the deadline, including extensions, to determine whether the work was completed in accordance with the specifications and standards in these rules. B. The Board may also inspect work in progress for the same purpose. C. The unit owner shall co-operate during these inspections by providing evidence of materials used or other reasonable information about the work when requested by the Board. Page 20 of 30

21 VII. Corrections D. Each unit owner shall receive the initial inspection and one re-inspection at no charge. The cost of additional inspections may be charged back to the owner if the work remains undone or unsatisfactory. A. If required work has been undertaken according to these rules and in a workmanlike manner but some corrections are needed to fully meet the specifications and standards in the rules, the unit owner will be notified in writing. The owner shall complete these corrections within the time set by the Board. B. Any cost incurred in making corrections is the responsibility of the owner unless the work was performed by the Association under Section IV A 3 above. C. If the corrections are not done or are done unsatisfactorily upon re-inspection, the Board may: 1. Re-notify the owner and re-inspect again or, 2. Determine that the owner has failed to complete work, in which case Section VIII(B) would apply or, 3. Determine that the unit owner is in violation of these rules and is subject to a fine, 4. The Board s choice shall depend on the extent and type of working remaining undone and on the owners demonstrated willingness to complete the work. VIII. Failure to Complete Required Work A. An owner has failed to complete required work: 1. When, after the deadline and upon inspection, required work has not been undertaken, is substantially incomplete, has been done with unapproved materials or with clearly inferior workmanship, or, 2. When the Board has made a finding to this effect because corrections have not been done. B. In the event of a failure by the owner to complete the work, the Board will select a contractor to perform the required work. All direction to the contractor shall come solely from the Board. All costs, including the charge for contracting out the work, shall be assessed to the unit owner upon completion and all responsibilities under the Declaration and these rules shall, in no way, be altered as stated in Section I E above. IX. Emergency Maintenance, Repair and Replacement A. The Board may undertake to maintain, repair and replace any part of the Common Elements for which the owner is responsible under the Declaration if the owner is unable or unwilling to promptly attend to work, which, in the Board s judgment, is necessary. 1. To correct an immediate safety hazard 2. To protect the Common Elements from imminent or ongoing damage, or, Page 21 of 30

22 3. To properly complete a repair or replacement that is in progress on a portion of the property for which the Association is responsible. B. The Board shall notify the unit owner about the work as soon as is practical and the Board shall assess to the owner the cost of work done to that portion of the Common Elements for which the unit owner is responsible. I. Flower Gardens Landscaping A. Flower gardens may be planted by homeowners only in the following areas: 1. Along, but not to extend beyond 2 feet from the foundation of the unit 2. Along, but not to extend beyond 1 foot from the edge of any patio or deck 3. Around, but within 2 feet of trees, shrubs and bushes 4. Along, but to extend beyond 2 feet from walks 5. Varieties of flowering plants, and where flowering plants are planted, must be done so that the plants always stay within allowed area 6. Homeowners are allowed to remove sod in the above areas to plant flower gardens without permission of the Board. Board permission is required for pruning or removing bushes, shrubs or trees for flower garden installation. B. Mulch or bark is allowed in flower beds, only if: 1. A border is used to contain the mulch or bark within the allowed area and, 2. The homeowner weeds and does other maintenance 3. Other types of ground cover is not allowed C. Fencing installed by homeowners around flower beds is only allowed as follows: 1. Decorative fencing is allowed along the edges of the beds up to 6 inches tall and must be maintained to keep the fencing looking the way it was originally intended. 2. Low borders to contain mulch or bark 3. Homeowners will be responsible for cultivating and weeding in beds where any fencing is installed 4. Enclosures may not contain dirt mounded higher than the surrounding area. D. All types of low growing flowers may be planted. Roses are acceptable provided they are free standing or follow the rules for vines. E. To ensure that the landscaper does not cultivate an area where bulbs, seeds or small plants are planted, homeowners need to mark the area with flags. Homeowner can call the Managing Agent to find out how to mark the beds. F. Homeowner is responsible for maintaining flower bed including weeding and removal of dead plants. G. If a homeowner does not wish to continue maintaining a flower bed(s), they may restore the area to original condition, and then the Association again maintains the area. Page 22 of 30