GOLFVIEW HILLS HOMES ASSOCIATION DECLARATION AS AMENDED MARCH 1, 1995 OF CONTENTS ARTICLE III - HOW TERMINATED 11

Transcription

1 GOLFVIEW HILLS HOMES ASSOCIATION DECLARATION AS AMENDED MARCH 1, 1995 OF CONTENTS p '. ARTIcLE :~"f" 'nj,\;j<>,~si:~'. ARTICLE II ~"::POWERS.ANI>DUTIESOF THE ASSOCIATION 6 J':' ~;.-'. ARTICLE III - HOW TERMINATED 11 ARTICLE IV - EASEMENTS AND COVENANTS (Recorded December 28, 1995 in the Office of the Recorder of Deeds of DuPage County, Illinois, as Document No. R ). MSWORD:dec195a.doc( )

2 ., THIS DECLARATION, AS AMENDED THIS 1st DAY OF MARCH, 1995, by the Owners of Record (hereinafter "Declarants") of the lots or parcels of property legally described as follows and hereinafter referred to as Golfview Hills: ORIGINAL SUBDIVISION LOTS SIX (6) TO NINETEEN (19) INCLUSIVE, IN GEORGE F. NIXON AND CO'S. GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. FIRST ADDITION LOTS ONE (1) TO TWENTY-FOUR (24) INCLUSIVE, IN GEORGE F. NIXON AND CO'S. FIRST ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION, OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION ia;;,rovroship 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPA imerldian. '.':i:f?~l~t'~f '". "...,:~-:.:"":.. '".", ":..;"~[.:~:.::<.~-. SECOND ADDITION... '...'..:.:.;:.;:.:: {.::...~~;i~~. ~ :.:,.~".::.: LOTS ONE,'<t1.;t)' ' ;';;':,$WENTY-SIX (26) INCLUSIVE IN GEORGE F. NIXON AND\:"'" ~:;gecond ADDITION TO GOLFVIEW HILLS, BEING A SUBDIvr,SI,;~:,,'~V,A,;RT- OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION~:J;tl;'I;'WNSHIP 38 NORTH, RANGE 11, EAST OF THE ',THIRD PRINCTP.:@1',ME;RIDIAN, IN DU PAGE COUNTY, ILLINOIS. THIRD ADDITION LOTS 1 TO 25 INCLUSIVE IN GEORGE F. NIXON AND CO'S. THIRD ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS. FOURTH ADDITION LOTS 1 TO 23 INCLUS IVE IN GEORGE F. NIXON AND 'CO'S. FOURTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DOC. NO FILED JANUARY 4, 1954, IN DU PAGE COUNTY, ILLINOIS. -2-

3 FIFTH ADDITION LOTS 1 TO 31 INCLUSIVE IN GEORGE F. NIXON AND CO ' S FIFTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DOC. NO FILED JANUARY 4, 1954, IN DU PAGE COUNTY, ILLINOIS. SIXTH ADDITION (PARTIAL A) ALL OF LOTS 1 TO 35, BOTH INCLUSIVE, ALL OF LOTS 123 TO 130, BOTH INCLUSIVE, ALL OF LOTS 161 TO 164 (Wiseman Park),. BOTH INCLUSIVE, AND ALSO ALL OF LOTS 105 (Zimmerman Park) AND 106 (Jackson Park Peninsula), IN GEORGE F. NIXON AND COMPANY'S SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4), SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS, ACCORDING TO THE SUBDIVISION PLAT RECORDED) AS DOCUMENT # ON JUNE 24, 1954 IN THE RECORDER'S OFFI:~E.OF DU PAGE COUNTY, ILLINOIS. ALSO, GOLFVIEW' LAKE, (referred to as PIN # ) SIXTH ADDITION (PARTIAL B) LOTS THIRT-y:~~t:X'.(36) TO ONE HUNDRED FOUR (104), BOTH INCLUSIVE, AND.-'. LOTS ONE HUNDRED SEVEN (107) TO ONE HUNDRED TwENTY'~:TWO (122), BOTH INCLUSIVE, AND LOTS ONE HUNDRED THIRTY~:NE (131) TO ONE HUNDRED SIXTY (160), BOTH INCLUSIVE, IN GEORGE F. NIXON AND CO'S. SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS, ACCORDING TO THE SUBDIVISION PLAT RECORDED AS DOCUMENT # RECORDED ON JUNE 24, 1954 IN THE RECORDER'S OFFICE OF DU PAGE COUNTY, ILLINOIS. PORTIONS OF HALL'S SUBDIVISION THE EAST FEET OF LOTS 2 AND 4 (North Golfview Lake Shore and Dike, PIN #s and 003) IN HALL'S SUBDIVISION; AND LOTS 8 THROUGH 11, LOTS 12 THROUGH 16 AND LOTS 17 THROUGH 24.(PIN #s , 005 and 007, all north of Golfview Lake) IN THE RESUBDIVISION OF LOT 1 OF HALL'S SUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, 1874 AS DOCUMENT IN DU PAGE COUNTY, ILLINOIS; AND -3-

4 PORTIONS OF McGINN'S ADDITION THE FOLLOWING FIVE (5). PROPERTIES (West of Jackson Street) IN McGINN'S ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS, ARE HEREINAFTER ATTACHED TO AND REFERRED TO AS PART OF GOLFVIEW HILLS: A. LOTS 1 THROUGH 11 (known as South Prairie, PIN # ); B. LOTS 12, 13, 14, 35, 36 AND HALF OF LOTS 15 AND 34, (known as 6S344 Jackson st., PIN # & 003); C. LOTS 16, 17, 18, 31, 32, 33 AND HALF OF LOTS 15 AND 34, (known as 6S356 Jackson st., PIN # ); D. LOTS 22, 23, 24, 25, 26 AND 27, (known as 6S282 Jackson st., PIN # ); E. LOTS 47 AND 48 (West of South Prairie, PIN # ). PORTIONS OF HINSDALE HEIGHTS SUBDIVISION LOTS 1 THROUGH 12 (North Jackson Park, PIN # through 013) AND LOTS 13 THROUGH 24 (North Prairie, PIN # ) IN THE HI~SDALE HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS. PREAMBLE WHEREAS, Golfview Hills has been developed as a residential community of single family, detached residences; and WHEREAS, it is the desire of Declarants that Golfview Hills and other lots and lands in this vicinity owned by such other Declarants who may adopt this declaration or make similar Declarations or such purposes be maintained as a residential neighborhood possessing features of more than ordinary value to a residential community and that the parks, playgrounds and lakes now or hereafter owned by the Declarants, or by such other Declarants in the immediate vicinity, be kept in a first class condition; and WHEREAS, the above described property owned by Declarants is protected by certain Protective Covenants, dated January 1, 1985 and which were recorded October 8, 1986 in the Office of the Recorder of Deeds of DUPage County, Illinois, as Document No. R the above described property owned by Declarants is WHEREAS, protected by certain Protective Covenants, As Amended, dated March 1, 1995 and recorded December 28, 1995 in the Office of the Recorder of Deeds of DuPage County, Illinois, as Document No. R

5 NOW, THEREFORE, in order to assist Declarants in providing the necessary means to better enable them and their grantees, successors and assigns to provide the necessary means so to continue to maintain the property of the Declarants and such other Declarants for the purposes above set forth, the Declarants do hereby subject the above described property to the following declarations and conditions: I - DEFINITIONS (1) The term "Association" shall mean the GOLEVIEW HILLS HOMES ASSOCIATION, a not-for-profit corporation organized under the laws of the state of Illinois, whose members shall consist of and be limited to the owners, from time to time, of lots within Golfview Hills, as it exists from time to time. (2) The term "owners", as used herein, shall be synonymous with the word "members" and shall mean those persons or corporations who may from time to time own lots within Golfview Hills. An owner shall be entitled to membership in the Association during the period in which he, she or it owns property within Golfview Hills, as it exists from time to time. (3) The term "GOLEVIEW HILLS", as used in this Declaration, shall mean, unless and until extended as hereinafter provided, all of the lots above described. If or when other lands shall by Declaration of other Declarants be added to those lands described, then the term "GOLEVIEW HILLS" shall thereafter mean all lands which shall, from time to time, be subjected to the terms of this Declaration, as hereinafter amended or modified, or of similar Declarations. (4) The term "improved property", as used herein, shall be deemed to mean any single lot or tract of land, under a single ownership and use, and on which a single family residence has been erected or is in the process of erection, or on which any other building not in violation of the restrictions then of record thereon is erected or is in the process of erection thereon. Any single tract may consist of one or more than one contiguous lots or parts thereof. (5) The term "vacant and unimproved lots" shall mean all lands or lots not included in the definition of "improved property", as hereinabove defined. (6) The term "Public Authority" shall mean the Government of the United states of America, the state of Illinois, or any political subdivision thereof. -5-

6 (7) The term "public places", as used herein, shall mean all streets, lakes, streams and parks and parkways at street intersections or elsewhere, and all similar places which are, now or hereafter, owned by the Association or by future Declarants and their grantees, successors and assigns, for the general use of all of the owners of the lots now or hereafter comprising Golfview Hills. II- POWERS AND DUTIES OF THE ASSOCIATION In addition to those powers gr~nted to a corporation by the provisions of the General Not For Profit Corporation Act of the state of Illinois (Chap. 32, Sec. 163a, et seq., Ill. Rev. Stat. 1987) the Association shall have the following powers and duties, except in those instances where the exercise thereof would constitute a violation of law: (1) To exercise complete management and control of all public places. (2) To be the sole judge of the qualifications of its members and of their rights to participate in its meetings and proceedings. (3) To enforce, either in its own name or in the name of any owner of property in GolfviewHills, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or by the provisions of any duly recorded protective covenants, declarations, or similar instruments upon any property in Golfview Hills. Nothing herein contained shall be construed as preventing any owner, having the contractual right so to do, from enforcing the provisions of any such covenant, declaration or similar instrument. (4) To assess all costs and expenses, including attorney's fees, resulting from the enforcement, by the Association, of any restriction, covenant or reservation, as described in (3) above, against that owner whose act, or failure to act, as determined by the Association, caused the Association to undertake said enforcement activities. (5) To care for, spray, cut, trim, protect and plant trees, shrubbery and grass on parkways and other public places. -6-

7 (6) To mow, care for and maintain parkways, to cut and remove weeds and grass growing to a height exceeding eight (8) inches, and growing on any lot or parcel of land in Golfview Hills, which is not cut by the owner of such lot or parcel within ten (10) days of receipt by said owner of written notice from the Association requesting the cutting of said weeds and/or grass. All costs incurred by the Association in causing the cutting, mowing, or destruction of the weeds and/or grass shall constitute a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided that within thirty (30) days after such cost and expense is incurred, the Association files notice of lien in the Office of the Recorder of Deeds, DuPage County, Illinois. The notice of lien shall consist of a sworn statement reciting (1) a description of the lot sufficient for identification thereof, (2) the amount of money representing the costs and expenses incurred or payable for the service and materials, and (3) the date or dates when such costs and expenses were incurred by the Association. The lien may, at the discretion of the Association, be foreclosed and reasonable attorney's fees and costs incurred by the Association in filing and foreclosing said lien shall be taxed against the owner, or persons interested in, the real estate. (7) To provide such lights as the Association may deem advisable on streets, parks, parkways, gateways, entrances or other features, and in other public or semi-public places. (8) To provide for the maintenance of tennis courts, playgrounds, gateways, entrances, drinking fountains, streams and other ornamental features now existing or which may hereafter be erected or created in. said Golfview Hills in any public street or park, or on any land set aside for the general use of the owners therein, or to which all of such owners have access and the use. thereof, and also to provide for the maintenance of natural water courses within Golfview Hills. (9) To exercise such control over existing easements and those it may acquire from time to time. (10) To acquire and own the title to such real estate as may be reasonably necessary in order to carry out the purposes of the Association, and to pay taxes on such real estate as may be so used by it and such taxes as may be assessed against land in public or semi-public places. (11) To clean, maintain and care for any lake or banks thereof, which may lie, wholly or partly, within Golfview Hills, and to pay taxes, if any, levied on the land underlying such lake and to build such fences, construct such signs and impose such restrictions on the use of said lake as may protect it for the use of the members of the Association. -7-

8 (12) The above powers and duties of the Association shall be exercised by the Association in its sole discretion, in whole or in part, and the determination by the proper officers of the Association so to exercise or enforce any of the above powers and duties in accordance with the By-Laws of the Association, shall be binding on all members, provided, however, that no owner of land shall be entitled to any of the benefits or improvements or services provided for by this Declaration or by the Association, unless his land shall have been subjected to the terms of this Agreement and to the assessments herein provided for~ (13) The Declarants covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable. attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of Golfview Hills and for the maintenance and improvement of the public places. The amount of such assessments shall be determined, assessed, allocated and collected as follows: (a) For the calendar year, 1954, it shall be the amount set forth and specified in the contract or deed of conveyance of each member of the Association. (b) For the calendar year, 1955, and for subsequent years, as soon as reasonably possible after January 1st of each year, the officers of the Association shall submit to the members of the Association two budgets setting forth the anticipated expenditures of the Association for such calendar year. One budget shall be termed "General Budget" and shall contain all anticipated expenditures relating to the ordinary operation of the Association for such calendar year, excluding expenditures for capital improvements. The other budget shall be termed "Capital Improvement Budget" and shall contain those items of anticipated expenditure relating to new or additional capital improvements to the Association for such calendar year. Not less than ten (10) days after delivery, personally, or by mail, of such budgets to each member of the Association, a meeting of Association members, shall be called for the purpose of approving, modifying, increasing or decreasing such budget for such year. Notice thereof shall be given as specified in the Asso~iation By-Laws. Provided a quorum, as specified by the By-Laws, is present, any action regarding the budgets may be taken a t such meeting upon the affirmative vote of a majority of the members present. -8-

9 (0) The meeting of the members for the purpose of approval of the Association budgets for such year may be continued from time to time by vote of a majority of the members of the Association present, or in accordance with provisions of the By-Laws of the Association. (d) Upon approval of the budgets of the Association, the officers of the Association shall allocate an assessment for the General budget prorata and equally to each member of the Association by dividing the total amount of the General Budget by the number of members o f the Association, and shall allocate an assessment for the Capital Improvement budget to each member of the Association by multiplying the assessed valuation of each individual member's lot or lots by a factor determined by dividing the total of the Capital Improvement Budget by the total assessed valuation of all the real property within Golfview Hills (said assessed valuation to be that figure which is currently the official assessed valuation as determined by the Assessor of Downers Grove Township). ti) From and after January 1, 1985, the maximum annual assessment for either or both budgets may be increased each year not more than six (6%) percent above the respective maximum assessments for the previous year upon an affirmative vote of a majority of the members who are voting in person or by proxy at a meeting duly called for this purpose. (ii) From and after January 1, 1985, the maximum annual assessment, for either or both budgets may be increased above six (6%) percent by a vote of two-thirds (2/3rds) of the members who are voting in person or by proxy at a meeting duly called for this purpose. (e) For the purpose of providing funds to pay for miscellaneous and non-budgeted items as might arise from time to time, the Board of Directors, upon the affirmative vote of at least two-thirds (2/3rds) of the Board's members, may allocate an assessment prorata and equally among the members of the Association and submit the same to an annual meeting or special meeting of the Association for approval. Such assessment must receive the affirmative vote of a majority of the total Voting Members in order to become effective. (f) The assessment shall become a lien on the real estate of each member as soon as it is due and payable as above set forth. In the event that any of the owners shall fail to pay the assessment on or before the thirtieth (30th) day following the due date of such assessment, then such assessment shall bear interest at the prime rate then being charged in the Chicago area. -9-

10 (g) When any member shall fail to pay the assessment on his land within thirty (30) days from the due date of such assessment for the fiscal year during which and for which the assessment is made, the assessment shall become delinquent and payment of both principal and interest may be enforced as a lien on the real estate and such member by proceedings in any Court in DuPage County, having jurisdiction for the enforcement of such lieri. The Association may, at its discretion, file Certificates of Non-Payment of Assessments in the Office of.the Recorder of Deeds of DuPage County, Illinois, whenever any such assessments are delinquent. The Association shall be entitled to collect from the owner or owners of the delinquent property, the fee for recording or filing of such a Certificate, which fee is also hereby declared to be a lien upon the real estate so described in said Certificates and shall be collectible in the same manner as the original assessment provided for herein and in addition to the principal, interest and reasonable attorney's fees due thereon. (14) The Association shall at no time expend more money within anyone year, than the total amount of the assessment for that particular year and any surplus which it may have on hand from previous assessments; in fixing this budget each year the Association shall take into account any surplus which it may have on hand from previous assessments. The Association shall have no power to enter into any contract whatever, binding the assessment of any future year to pay for any expenses or obligations of the current year and no such contract shall be valid or enforceable against the Association, it being the intention that the assessment for each year shall be applied as far as practicable for. the payment of the budget obligations of that year. (15) The Association may unite or combine with any Association similarly organized or organized for simila~ purposes and operating on a similar basis having jurisdiction of land contiguous to or in the vicinity of Golfview Hills. (16) The Association shall notify all owners of land in Golfview Hills as it may exist from time to time, insofar as the address of such owners are listed with said Association, of the official address of said Association, as to what place and time regular meetings of the Association shall be held, designating the place where payments shall be made and any other business in connection with said Association may be transacted, and in case of any change of such address, the Association shall notify all the owners of the land in Golfview Hills insofar as their addresses are listed with the Association, of the charge notifying them of its new address. -10-

11 ." (17) By written consent of two-thirds (2/3rds) of the members, evidenced by an agreement, duly executed and acknowledged and recorded in the Office of the Recorder of Deeds of DuPage County, Illinois, the Association may be given such additional powers, or may have imposed on it such additional duties as may be desired by said members, or may otherwise amend this instrument, and the recital in such agreement that it is executed by two-thirds (2/3rds) of the members shall be binding and conclusive on all persons. (18) Said Association shall at all times observe all of the State, County and other laws, and if at any time any of the provisions of this Declaration shall be found to be in conflict therewith, then such parts of this Declaration as are in conflict with such laws shall become null arid void, but no other part of this Declaration not in conflict therewith shall be affected thereby. The Association shall have the right to make such reasonable rules and regulations and provide such means and employ such agents as will enable it to adequately and properly carry out the provisions of the Declaration subject, however, to the limitations of its right to contract as is herein provided for. III - HOW TERMINATED This Declaration may be terminated and all of the lands now or hereafter affected may be released from all of the terms and provisions hereof by two-thirds (2/3rds) of the members at the time it is proposed to terminate this Declaration by executing and acknowledging an appropriate termination agreement for that purpose and recording the same in the Recorder' soffice of DuPage County, Illinois, or by dissolution of the Association in accordance with the Laws of the State of Illinois and the conveyance or dedication of the lands of the Association for public use. IV EASEMENTS AND COVENANTS The rights of each member of the Association, who shall be an owner of a lot within Golfview Hills are hereby deemed to be an easement for the use of parks, playgrounds, lakes and public places subject to the provisions of this Declaration and all of the provisions of this Declaration shall be deemed to be covenants running with the land and shall be binding upon the Declarant and its successors, assigns and grantees. IN WITNESS WHEREOF, the undersigned, as Owners, have executed this instrument by placing their signatures on Group Exhibit "A" attached hereto, this 1st day of March, (See Group Exhibit "A" attached hereto, consisting of the ballots that were properly voted upon during January and February, 1995.) -11-