Adopted this 21st day of
September, 2001, in accordance with the authority set forth in the Condominium
Property Act and the Declaration of Condominium ownership for the Carriage
Homes of Fox Ridge Condominium Association recorded in the Office of the
Recorder of Deeds of Lake County as Document Number 4761995.
PREAMBLE
These Rules and Regulations have
been adopted with the intent of providing the residents of The Carriage Homes
of Fox Ridge with a practical plan for a day-to-day living as extracted from
the technical language of the Declaration, By-laws and Illinois law.
Its goals are to maintain the
Property as a first class Association, govern the conduct of the residents for
the benefit of the Association as a whole, and to provide the residents with
specific information regarding the conduct appropriate and expected of them on
an on-going basis.
However, The Board of Directors
is not a police department and, in order to have effective Rules and
Regulations, it requires the cooperation of all the residents of the
Association.
Each Resident's cooperation and
participation is encouraged.
A.On the first day of each month, each owner shall
be required to pay his or her monthly assessment.
B.Assessments for each month are based on the
proposed Budget and the percentages of ownership attached to the Declaration
and made part thereto as Exhibit C
A.A late charge of $20.00 per month will be
charged to any account in which the full amount of the assessments due has not
been received by the 15th day of the month.
B.All bank charges incurred by the Association as
a result of checks returned unpaid for any reason, plus an administrative
charge of $25.00 will be charged to the owner.
C.Assessments not paid by the 15th day of the
month are delinquent. The matter may then be referred to the Association's
attorney's office for collection.
D.At the time an account is turned over to an
attorney for collection, the entire account balance may be turned over,
including amounts currently due. The attorney may charge a fee of $100.00 or
more for accepting the matter and for sending an initial demand for payment,
and an additional charge of $150.00 or more for sending a notice and demand
letter. A lien may be placed against the owner's property if they do not pay
the amount due after the attorney sends the initial letter.The cost for preparing and filing a lien is
$175.00 or more.All ownership search
charges, postage, and other costs will be added to the assessment amount due
and will be included in the demand letters.
E.The Board of Directors may take any and all
legal actions which may be available to the Association, whether prior to,
during, or after commencement of any lawsuits for collection and costs, shall
be chargeable to the delinquent Unit owners.Such attorney's fees and costs may be collected as part of the
collection action or may be billed to the unit owner's account and thereafter
be payable and recoverable in the same manner as other assessments and
expenses.
A.The Common Elements are defined as all portions
of the Property except for the Units;
as such Units are defined and
identified in the Plat of survey which is attached to the Association's
Declaration.Alterations, improvements,
additions, repairs, replacements, modifications, landscaping and installation
of fixtures, structures or equipment in and to the Common elements are strictly
prohibited except in accordance with the prior express written approval of the
Board of Directors.
B.Without limiting the generality of the forgoing,
the Unit owners are specifically prohibited from engaging in the following
conduct without written authorization from the Board of Directors:
1.Erecting any fence, structure or enclosure in
the Common Elements;
2.Planting any trees or shrubs in the Common
Elements;
3.Painting any portion of the Common Elements;
4.Making any structural changes or alterations to
doorways, glass, patio doors, screens, mailboxes, sprinkler systems, patios, decks,
walkways, balconies, fences, windows or any other portion of the Common
Elements.This includes installation of
handicapped ramps or equipment.
C.Unit owners may perform routine maintenance and
repairs (but not alterations or improvements) to those portions of the Common
Elements specified in these Rules and Regulations as being the maintenance
responsibility of the Unit owner without the prior approval of the Board.
All toys, recreational equipment,
bicycles, lawn chairs, and the like must be removed from Common Elements by
sunset except as otherwise stated.This
includes swings, pools and sandboxes.
Unit owners are responsible for
keeping lawn areas, entryways and immediate surroundings of their respective
units clean and free from all debris, i.e. wrappers, trash, cigarette butts,
etc.
As provided in the Association's
Declaration and By-law's, unit owners are responsible for maintenance and
repair to their Units and for all portions of the Common Elements and Limited
Common Elements that are deemed to be part of the Units under the Declaration.
Please refer to the Declaration and By-laws for specifics.
A.The Homeowner has the responsibility to
maintain, repair and/or replace the doors that serve their Unit subject to
specifications as adopted by the Board of Directors.If any owner fails to maintain his/her door,
the Association may upon ten (10) days written notice, make the required
maintenance and assess all costs incurred including attorney fees back to the
owner.
B.All exterior doors are to be kept in optimal
maintenance, as entire exterior painting is the responsibility of the Association.Unit owners are prohibited from painting any
doors other than those that are specific to the interior of that person's unit.
A.Maintenance of the existing central air
conditioning unit and its components are the sole responsibility of the
individual owner.The unit owner cannot
relocate the condenser without approval from the Board of Directors.
B.Air conditioner slabs or brackets, if any, are
the Unit owner's responsibility.
C.Winter covers may be of plastic or canvas.They must be in good condition and secured appropriately.
D.Air conditioner units must be maintained in good
visual appearance.
A.Unit owners shall keep balconies and decks clean
and free of clutter.No unsecured items
B.shall be
placed outside of balcony or deck rails, or positioned/hung over said rails.
C.Balconies and decks may not be enclosed or
altered in any way.
D.No drying/airing of clothes, carpeting, laundry
or hanging of clotheslines is permitted on patios or balconies.
E.No awnings, sunshades, canopies, trellises,
shutters, and/or radio/television
antennas, shall be affixed to or placed in, upon, over or adjacent to any
balcony or deck.
F.Dust mops, rugs, etc. shall not be shaken from,
nor shall water and/or any other refuse be disposed of from balconies. No
objects of any kind are to be thrown from balconies at any time.
G.Balconies and decks may not be used for storage,
except that of patio furniture and gas/electric grills.
H.No obnoxious activity shall be conducted on a
balcony or deck.Nothing shall be
stored/maintained on a balcony or deck that would be in violation of the fire
codes or other municipal or government ordinances that would adversely affect
the health, safety and welfare of the residents or interfere with the access to
or from the Unit through its respective balcony or deck.
I.Decks, balconies and patios must not be used as
pet runs.
A.Only gas or electric grills are allowed on decks
and balconies, no charcoal grills.
B.Charcoal grills are limited to concrete sidewalks
or on asphalt surfaces within 8 ft. of owner's garage door.
C.A fire extinguisher must be readily available
when a charcoal grill is in use.
D.No Barbecuing/Grilling, of any type, may ever be
conducted in any garage or Unit.
E.Lighter fluid must be immediately removed from
and never be stored on Common Elements.
F.All grills must be stored neat in appearance.
Grills can only be stored; in the garage, covered on the Front Porch, covered
on a Deck, or covered on a Patio.
G.The Board of Directors reserves the right to
restrict and/or prohibit any Unit owner from
H.Barbecuing/grilling, should any of these rules
be broken or if any fire hazard is posed.
I.All hot coals must be disposed of in a fireproof
container.
J.Grills are not to be stored on Common Elements. Leaving grills outside of the Units sliding
glass doors is not permitted.
A.Seasonal decorations may be installed no earlier
than one (1) month prior to and must be
removed no later than one (1) month after the
date of the holiday.
B.Repairs necessary, due to the hanging or
displaying of decorations, are the responsibility of the Unit owner.
C.Any decorations, which create a safety hazard,
will not be permitted.
D.Unit owners have full responsibility for
properly and safely disposing of seasonal decorations.In the event that decorations are not removed
within the time period provided, the Association may see to such removal.All costs and expenses incurred by the
Association shall be charged to the Owner.
The Units and Common Elements
shall be occupied in accordance with the ordinances of the Village of Fox Lake
and used as follows:
A.No part of the property shall be used for other
than housing and related purposes.
B.Each owner shall be obligated to maintain and keep
in good order and repair of his/her own unit.
C.Nothing shall be done or kept in any Unit or in
the Common Elements, which will increase the rate of insurance on the building
or contents, or could result in the cancellation of insurance.
D.Each owner shall be responsible for his/her own
insurance on his/her personal property, additions and improvements in his/her
own Unit, his/her personal property stored elsewhere on the property and
his/her own personal liability not covered by the liability insurance obtained
by the Board of Directors.
E.Owners are not permitted to place anything on
the outside walls of the buildings.No
signs, awnings, canopies, shutters or radio/television antennas shall be placed
upon the exterior walls or on the roof.
F.No basketball backboards, free standing
basketball poles or apparatus of any kind shall be constructed or permitted,
even if a portable kind.
G.Windows and window coverings:
1.Window coverings must be properly installed and
maintained in good condition and must not be offensive when viewed from the
exterior of a window.The Board of Directors
reserves the right to demand removal of any window treatment, which it deems
offensive.
2.Temporary window coverings such as sheets,
bedspreads or any other temporary window treatment must be removed no later
than thirty (30) days after resident moves into the Unit.The Board of Directors reserves the right to
demand immediate removal of any window treatment, which it deems offensive.
3.All windows and glass sliding doors with screens
shall be maintained in good condition.
H.Unit owners must promptly replace broken or
cracked windows, ripped screens and bent screen frames.
I.No boats, canoes, recreational vehicles,
motorcycles, snowmobiles or other similar items may be stored or parked on or
under the decks, porches, and balconies or on the Common Elements.
J.No offensive activity or nuisance shall be
carried on or in any Unit or on the Common Elements.
K.No doghouses are permitted.
L.No permanent structures are permitted.
M.No clothes, sheets, blankets, laundry of any
kind or other articles shall be hung out or exposed on any part of the Common
Elements.The Common Elements shall be
kept free and clear of rubbish, debris and other unsightly materials.
N.Nothing is allowed to be stored on any Common
Element.No toys or recreational
equipment are to remain on open Common Elements after sunset.
O.No industry, business, trade occupation or
profession of any kind shall be conducted in any Unit.This includes but is not limited to; day
care, nursery, or baby-sitting services, provided the number of children does
not surpass the limit by law of which you need to be licensed.This shall not restrict the maintenance of
professional records or the handling of written correspondence or telephone
communications.
P.No signs, advertising or other displays shall be
maintained or permitted on any part of the Property except as shall be
determined by the Board pursuant to the provision of the Declaration, Article
V, Number 11.
Q.Nothing shall be altered or constructed on or
removed from the Common Elements except upon the written consent of the Board
of Directors.
R.Any damages to utility service lines or
equipment are the sole responsibility of the owner making the modification, not
the Association or the Board of Directors.
A.For the purpose of these Rules and Regulations,
the following definitions shall control:
1.Gang means and refers to any two or more persons
organized, conspiring together or assembling for the purpose of acting in
concert or active participation with one another so as to engage in any
prohibited conduct as defined herein.
2.Gang Signs means and refers to any statement,
drawing, depiction, insignia, symbol, color, hand-sign, assertive conduct or
object, adopted by or utilized by a gang to represent the gang, to signify the
gang, to signal or communicate with gang members, or to designate gang
territory.Gang signs include but are
not limited to: Hand signals, color combinations of clothing or otherwise,
stars, hearts, crosses, pitchforks, crowns, backwards or upside down letters,
earrings and hats cocked at angles or worn backwards.
3.Prohibited Conduct means and refers to any
action or activity in, upon and across the Common Elements, or in any Unit in
violation of these Rules and Regulations, and/or the Association's Declaration,
By-laws and/or any and all other Rules and Regulations adopted by the Board.
4.Disorderly Conduct means conduct, which tends to
breach the peace or disturb the peace and quiet of persons or endangers the
morals, safety or health of the community.This conduct includes, but is not limited to, the making of unsolicited
remarks of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to or in whose hearing they are made.
5.Reckless Conduct means and refers to conduct
which endangers persons or property or which is wanton or willful and
indifferent to the possible adverse consequences of the conduct.
6.Contraband means and refers to any cannabis,
controlled substance, narcotic, intoxicating, poisonous, stupefying, or
anesthetic substances, or paraphernalia thereof; hypodermic needles/syringes,
bludgeon, blackjack, sling shot, sand club, sand bag, metal knuckles, burglary
tools, clubs, pipes, chains, knife, switchblade knife, dagger, dirk, billy,
dangerous knife, razor, stiletto, stun gun or taser, tear gas gun projector,
bomb, bomb-shell, grenade, bottle, or other container containing a noxious or
explosive substance, such as but not limited to black powder, bombs and molotov
cocktails, fireworks, artillery projectile, pistol, revolver, sawed-off
shotgun, or other firearm, or any other deadly weapon or ammunition for such
weapons, air guns, air pistols, spring guns, spring pistols, BB gun, pellet
guns, or any other harmful weapon or device and caustic or harmful substances
or inflammable liquids (except such harmful substances or inflammable liquids
used and stored for proper and lawful purposes and in compliance with all
governmental and manufacturer's requirements).
7.Loitering means remaining idle in essentially
one location and shall include spending time idly, loafing, walking about
aimlessly, or congregating with other persons.
B.Prohibited Conduct
The following conduct is
prohibited and is a violation of these Rules and Regulations:
5.Gangs, gang activity, and gang signs on the
Common Elements.
6.Painting, spray painting, or graffiti of any
kind on any building or the Common Elements.
7.Possession, painting, affixing or exposing of
gang signs in the Common Elements, display of gang signs visible from the
Common Elements, or display of gang signs in or from any window or on any
building.
8.Conduct that tends to alarm, annoy, disturb, or
threaten others on the Common Element or in any unit.
9.The possession or use of contraband on the
Common Elements.
10.Vandalism
or damage to the Common Elements or to any personal property.
11.Throwing
or playing with materials, lighters, or flammable devices or liquids in the
Common Elements.
12.Setting
fires or the burning of materials in the Common Elements.
13.Disconnection,
alteration, disengagement, interference with, or disruption of fire or security
systems or alarms, or smoke detectors or interfering with Association security personnel, Board members or Committee
members.
14.Fighting
or dueling in the Common Elements.
15.Drinking
alcoholic beverages or the possession of alcoholic beverages (except for carrying
sealed and closed containers of alcoholic beverages to units by residents or
guests) in the Common Elements.
16.Climbing
on any building or climbing anywhere in the Common Elements.
17.Tossing
objects out of any Unit or off of balconies or decks, or throwing any objects
in the Common Elements.
18.Gaming
or gambling games of chance or any activity related to gambling in the Common
Elements.
19.Loud
noise or music, shouting, or other disturbances in the Common Elements or in
any unit.
20.Loitering
in the Common Elements.
Note:Although
criminal acts are violations of these Rules and Regulations, the Association
does not undertake the responsibility for protecting the residents from
criminal conduct. Anyone who suspects criminal activity should report it to the
police.
Please also take notice that conduct which puts a resident
in fear of immediate bodily harm may be a criminal assault, and any
unauthorized or offensive contact (touching) may be criminal battery. If you
are a victim of this conduct, you are encouraged to contact the police and
place criminal charges.
The following
motor vehicles are Permitted Vehicles under these Rules and Regulations:
A.Passenger cars having not more than four (4)
entry doors.
B.Compact sport utility vehicles such as Blazers
and Jeeps, but excluding any off-road or sports vehicles not licensed to be
driven on Illinois roads and highways.
C.Pick-up trucks, Suburbans, passenger and
conversion vans.
The following motor vehicles are
defined as Restricted Vehicles under these Rules and Regulations:
A.Trucks of every kind and description except pick-up
trucks.
B.Buses, cargo vans and other vans except for
passenger vans.
C.Motor vehicles, which may not be lawfully driven
and/or are not registered for operation on Illinois roads or highways.
D.Commercial vehicles which shall include but
shall not be limited to any vehicles licensed as commercial vehicles, and any
vehicles, which would otherwise be Permitted Vehicles but which are designed
for, modified for, or used primarily for business purposes and/or which bear
commercial advertising, messages, or identification of any kind, whatsoever.
E.Farming, industrial, delivery, landscaping or
construction vehicles, snowplowing vehicles (including jeeps and pick-up trucks
equipped with snow plowing and/or salt spreading equipment), taxicabs,
limousines, and hearses.
F.Recreational vehicles, boats, boat trailers,
snowmobiles, house trailers, campers, mobile homes, or park trailers.
The following motor vehicles are
defined as Prohibited Vehicles under these Rules and Regulations:
A.Any vehicle in a state of disrepair rendering it
incapable of being driven in its present condition.
B.Any vehicle without its current valid vehicle
license plate.
C.Any vehicle which has been abandoned by its
owner.A vehicle which has not been
moved from the parking area for a period of seven (7) days shall be presumed to
be abandoned unless the car owner otherwise gives prior notice to the
Association of his/her intent.
D.Any vehicle which would otherwise be a
Restricted Vehicle, but which is too large to be safely or properly parked in
unit garages with the garage door closed.
E.Any other vehicle not specifically defined as a
Permitted Vehicle or a Restricted Vehicle, except only for emergency or
official vehicles (such as postal vehicles, city public works vehicles,
ambulances, hospital vehicles, fire trucks and equipment, or police vehicles)
being utilized for official or emergency purposes.
A.Vehicles are prohibited for being driven or
moved through or on any portion of the Common Elements except for the driveways
and parking areas.
B.Posted speed limits and general rules of the
road must be observed when driving through the Association.
C.Only Permitted or Restricted Vehicles may be
operated in the Association.Prohibited
Vehicles are prohibited from the Association and shall not be driven or moved
through the Common Elements.
D.Motor vehicle repair work, servicing, or oil
changes are prohibited in the Common Elements except for emergency repair work,
provided that the owner and/or resident shall be responsible for repairing or
cleaning any damage caused as a result of such emergency repairs.Washing one's own vehicle by Association
residents is permitted.
A.Parking by association residents is restricted
to unit garages and driveways located in front of a unit.Only permitted vehicles may be parked on
limited common elements and only permitted vehicles may be parked on the common
elements that are designated for such purposes: i.e. additional parking
areas/island parking areas.
B.No vehicle may be parked in a manner which
obstructs passage of other vehicles or
which obstructs fire hydrants.
C.After snow fall, vehicles obstructing snow
removal operations, in accordance with City or Association regulations, will be
removed.
D.Prohibited vehicles are prohibited from the
Association and shall not be parked or stored in the Common Elements or in the
Unit garages.
E.Restricted vehicles shall not be parked or
stored in the Common Elements.Parking
of restricted vehicles is strictly limited to Unit garages, except only for
emergency or official vehicles (such as postal, City public works, ambulances,
hospital, fire trucks and equipment or police vehicles) being utilized for
official or emergency purposes, or service vehicles being driven on the
property on a reasonable and temporary basis in order to provide services or
make deliveries to residents of the Association.
F.Parking of any vehicle, boat trailer, 2 wheeled
flat trailer, or motorcycle trailer is not allowed on either side of a common driveway
from the street to the first garage space. No trailers are permitted to be
stored on the property at any time. Check Index Pages for parking diagrams.
1.Year around – There is no parking in front of
the sidewalk at the back of the building.
2.WinterRules
are in effect from December 1 through March 31. There is no parking in front of
the sidewalk at the back of the building or in the turn-around indent at the
end of the driveway.
A.These Rules and Regulations may be enforced in the
same manner as a violation of the Association's Declaration and/or according to
the Association's Rules regarding the Enforcement Policies.
B.These Rules and Regulations may also be enforced
by the removal, at the vehicle owner's expense, of any vehicle parked or
operated in violation of any of the restrictions set forth herein.If the vehicle is parked in an area
designated as a tow zone with a posted sign providing notice that it is a tow
zone, the vehicle may be towed.
C.Notwithstanding any of the notice requirements
above, if the Board of Directors finds that any vehicle parked or operated in
violation of these Rules and Regulations constitutes a nuisance to the
residents because of the danger of blocking access to emergency and service
vehicles, or otherwise threatens harm, any such vehicles shall be removed by
the Association without notice to the vehicle owner and at the vehicle owner's
expense.The Board of Directors shall
execute an agreement with a commercial towing company to lawfully remove vehicles
parked or operated in violation of these Rules and Regulations.The Board of Directors shall have the sole
and absolute discretion to make any final determinations of whether a specific
vehicle is a Permitted, Restricted, or Prohibited Vehicle under these Rules and
Regulations, or whether a vehicle is parked or operated in violation of these
Rules and Regulations.
D.Any vehicle parked in a fire lane or any other
designated no parking area is subject to ticketing by the Village of Fox Lake
Police Department.
A.Damage done to garage doors caused by the Unit
Owner or guests will be repaired and charged to the Unit Owner.
B.Garage doors must be kept closed at all times
except during movement of vehicles into or out of the garage.
C.No modifications or alterations may be made to
garage doors.
D.No engines may be left running in garages.
E.No major vehicle repairs or other activities
which cause any type of nuisance, fire hazard, or annoyance to neighbors are
permitted.Care and consideration for
others must be exercised if the garage is used for minor repair or maintenance
of vehicles.The Board of Directors may,
at it's discretion and upon notice to an
F.Owner, demand that a Unit Owner refrain from
repair work in a garage when such repair work is deemed by the Board to be a
nuisance, fire hazard, or annoyance.
G.No barbecuing is permitted in garages.
H.No garage may be used as an additional living
quarter.
I.Garages are to be used primarily for parking of
Permitted or Restricted Vehicles.
J.Garages may be used for incidental storage as
follows:
1.Storage is limited in such a manner that a
vehicle is not obstructed from being parked in the garage.Items shall be configured in such a manner as
not to be a nuisance, annoyance, or hazard.
2.No items are stored in a manner to create the
danger of items falling on any persons or property.Stacking of boxes or other materials higher
than four (4) feet is not permitted.
3.Owners shall keep garages clean and free of
clutter.
4.Adequate space must be kept for parking and
storage of a motor vehicle in each garage space.
5.No resident or visitor may obstruct or use
someone else's garage space without consent.
A.All lease or rental agreements regarding a Unit
must be in writing and shall be subject to all the terms, conditions, and
requirements of the Declaration, By-laws and Rules and Regulations of the Association.No Unit may be leased or rented for a period
less than thirty (30) days.The Owner shall provide a copy of the lease or
rental agreement to the Board within ten (10) days after its execution or the date of occupancy,
whichever occurs first.The Association
is hereby expressly deemed to be a third
party beneficiary of any such lease; and any violation of the Declaration,
By-laws or Rules and Regulations shall be deemed a default under such lease entitling
the Association to exercise any and all remedies under the lease or available
at law or equity, regardless of the
Owner's action or inaction in response to such default.
B.Any Unit that is non-owner occupied is
considered a rental unit. The owner is responsible for registering said Unit
with the Village of Fox Lake. A copy of the Rental Certificate of Occupancy
issued by the Village of Fox Lake Fire Marshall must be presented with the copy
of the executed lease to the association's management company before the Unit
is occupied.
C.All owners of rental units must keep a current
address, home phone number, business phone number and cell phone number on file
with both the Village of Fox Lake and the association's management company.
D.Homeowners in violation of the sections A,B or C
are subject to a $500 per month fine assessed against the unit starting at the
time the Unit is vacated and/or non-owner occupied.
A.No Owner or resident shall keep more than a
total of two (2) pets in any Unit.All
pets must be registered on the Animal Registration Form.
B.Dogs, cats and other household pets may be kept
in Units provided they are not kept, bred, maintained for any commercial
purpose and provided they do not create a nuisance or annoyance to the other
residents in the opinion of the Board.
C.All pets must be leashed and attended when on
the Common Elements.
D.The chained/leashed animal cannot be attached to
any Common Element.
E.Pets shall not be permitted to urinate or
defecate on any Common Element and are to be walked only on uncultivated
areas.Pet owners must clean up after
pets immediately.
F.Cat litter must be placed in a securely tied
plastic bag when being placed out for garbage pick-up.
G.In the event the Board of directors determines
in its sole and absolute discretion that any animal being kept in a Unit poses
or creates a nuisance or annoyance to the other residents and/or in the event
of two or more violations of these Pet Regulations, the Board may require the
Unit Owner to remove the pet from the housing Unit. Failure to remove a pet
within three (3) days after the Board orders the removal of such pet shall be a
violation of these Rules.
A.Excessively loud playing of radios, television
and/or audio equipment or any other sounds in such a manner or at such loud
level and/or time as will disturb other residents in the building is not
permitted.Musical instruments shall not
be played, nor band or power tools be used, in a manner producing disturbing
noise.By reason of the problems created
by the proximity of condominium living, excessive noise from any one or more of
these sources occurring between 9:00 p.m. and 9:00 a.m. on the following day is
considered as creating a disturbance.
B.Under no circumstance at any time shall a Unit
Owner's music, television or voice be heard from any outside Common Element or
any other Unit Owner.
A.All garbage and refuse is to be put into garbage
cans with tight fitting lids and placed at curbside no earlier than sunset the
day prior to the date of pick-up.
B.Waste should not be left in open containers.
C.Recycling containers, provided by the collection
agency, should be used for recycled materials only.
D.Removal of large, heavy or bulky refuse may be
pre-arranged by the individual Owner with the garbage disposal company on its
regularly scheduled pick-up day.
E.The Unit Owner must remove any litter remaining
on the ground after pick-up.
F.All garbage, recycling bins and refuse must be
stored within the unit or its garage prior to the regularly scheduled pick-up
date.
G.Illegal dumping of any nature within the
Association will be reported to local law enforcement for further actions.
H.Information on items ineligible for the
recycling program may be reported to local law enforcement for further actions.
I.The unit number and/or street address must be on
all garbage and recycling containers.
Unit Owners are responsible for
their own conduct and the conduct of all their family members, guests and all
other occupants and/or residents of their Units.
If the Association suspects a
violation of these Rules and Regulations, the Association may follow the
procedures set forth in these Enforcement Rules in addition to any and all
other rights or remedies available to the Association.The Association may exercise any and all of
the rights and remedies available at law or in equity, concurrently or
otherwise, as the Board of Directors deems necessary or desirable.These Enforcement Rules are separate and in
addition to all other enforcement mechanisms available.The Board shall have such other rights and
remedies as may be available to them, including the remedies and enforcement
provisions of the Condominium Property Act and the Association's Declaration
and/or By-laws.
The Board of Directors may
impose reasonable administrative expenses and/or fines after notice and an
opportunity to be heard in accordance with the procedures herein.The Board of Directors only need determine
the conduct or violation occurred or more probably than not occurred based upon
its evaluation of the evidence or testimony presented or evaluated.The Board of Directors shall determine the
amount of a reasonable fine.The minimum
administrative expenses/fines imposed upon the Unit Owners for a violation of
these Rules and Regulations are specified for each offense as follows:
A.ViolationOrdinaryAggravated
Use or possession of contraband$150.00$300.00
Fighting/Dueling$300.00$500.00
Criminal Conduct-Nonviolent$150.00$300.00
Vandalism, Spray Painting$150.00$300.00
Loitering$75.00$150.00
Criminal Conduct-Violent$300.00$600.00
Alteration/Improvements
or Installations to Common Elements without prior approval
$100.00$200.00
Noise Violations (per day)$50.00$100.00
B.Fine Structure for Violation of Common Elements
1.A Warning Letter will be sent to the owner advising
of a violation. The owner will have 7 Days from the Postmark date on the Letter
to contact the association's management company and correct the violation.
2.If the violation is not corrected within 7 days
then a Violation Letter will be sent from the association's management company.
The owner will then have 7 more days from the Postmark date on the Letter to
correct the violation. A $25.00 fine and a $20.00 cost recovery fee will be assessed
against the owners account
3.Ifthe
violation is not corrected within the 7 days after the first Violation Letter
is sent then a second Violation Letter will be mailed by the association's
management company. The owner will be given a final 7 days to correct theviolation from the Postmark date on the
letter. A $50.00 fine and a $10 cost recovery fee will be assessed against the
owners account.
4.If after 21 days from the Postmark date on the
Warning Letter the violation still exists, the Board of Directors will direct
the management company to hire any and all subcontractors to fix said violation
and the complete and entire cost will be assessed against the homeowner.
The Board of Directors may in
its discretion determine a violation to be an aggravated offense if determined
that (a) the offense involved a gang or gang signs; (b) personal injury or
property damage occurred as a result of the violation; or (c) the offender was
found to have committed any one (1) or more prior violations during the
previous six (6) months.The Board of
Directors, in the exercise of its sole discretion, may reduce the
administrative expense/fine amounts set forth whenever it deems the
circumstances to warrant such mitigation.
In addition to the imposition of
the administrative expenses/fines set forth, or in lieu of such imposition, as
the Board of Directors deems appropriate, the Board may specially assess any or
all of the following charges against a Unit Owner for a violation of these
Rules and Regulations by a Unit Owner or Owner's resident as follows:
A.The actual costs and expenses for repairing any
damage to any Property or replacing any Property irreparably damaged or
destroyed, which Property was damaged or destroyed as a result of or in
relation to the violation, and all other damages, if any, attributable to or
relating from the violation.
B.All attorney fees and expenses, court costs, and
other fees, costs and expenses incurred by the Association in connection with
the enforcement of these Rules and Regulations or in connection with any
criminal or civil proceedings in which the Association or its attorneys
participate as a result of the activities identified herein.
C.Any and all other damages to the Association or
other residents incurred as a result of such violation or the enforcement
thereof.
If a Unit Owner (or family
member, guest, occupant or resident of such Unit Owner's unit) is suspected of
violating or the Unit Owner is deemed otherwise liable for a violation of any
of the provisions of the Declaration, By-laws and/or Rules and Regulations of
the Association, the following shall occur:
A.The Unit Owner shall be notified of a hearing
before the Board of Directors in the notice of Hearing form substantially as
attached as Exhibit B, by the Managing Agent, attorney or other agent of the
Board of Directors.
B.The notice may also contain such demands as the
Board of Directors deems necessary to protect the interests of the Association
in accordance with the provisions of the Condominium Property Act, the
Declaration and By-laws and/or Rules and Regulations of the Association.
C.Within ten (10) days after the Unit Owner has
been notified of the hearing, the Unit Owner may submit in writing protest to
the Board of directors stating the reasons the Unit Owner feels he/she has not
committed a violation.
D.A hearing on the violations shall be held at the
time, date and place of said meeting as stated in the Notice of Hearing, or at
such time, date and place as the Board of Directors may continue the hearing at
its discretion, without further notice, either at the request of the Owner or
upon the Board's own motion.
E.Should no protest be filed or if the Owner fails
to attend the hearing, the allegations in the Notice of Hearing, or such other
evidence or testimony as may be available to the Board of Directors, may be
taken as if confessed.
F.No discovery is allowed.The Owner is not entitled to obtain from the
Association any documents or evidence before the hearing.All proceedings hereunder may be conducted
informally.All decisions regarding what
evidence is relevant and the weight to be afforded evidence in making
determinations, and all decisions regarding the procedures to be followed,
shall be determined by the Board of Directors in its sole and absolute
discretion.
G.In the event a protest is filed, the Owner
attends the hearing, or if the Board of Directors chooses to do so even in the
absence of the Owner, the Board shall hear and consider arguments, evidence,
testimony or other statements regarding the alleged violation.The hearing shall occur in a closed
session.The only persons who may attend
the hearing shall be the Board of Directors, managing agents, attorneys, parties
and witnesses or others who may be invited by the Board.The Owner shall be entitled to reasonably
present evidence, witness testimony and arguments at the hearing.
H.At the hearing, an Owner may be represented by
an attorney.An attorney may not speak
on behalf of the Owner or address the Board of Directors, unless the Board has
been notified at least 48 hours in advance and had an opportunity to consult
with its own attorneys and have its own attorney present.
I.After a full hearing, the Board of Directors
shall state its determination regarding the alleged violation.The Board may discuss the violation and
hearing in closed session in absence of the Owner and/or witnesses.However, the vote and determination of the
Board shall be conducted at an open meeting.The Board shall determine and assess the amount, if any, of attorneys
fees incurred by the Association as charged to the Association by the
attorneys; and the amount, if any, of costs, damages, expenses and other
charges attributable to or resulting from the violation, that will be incurred
in the future, and the Board may authorize the Managing Agents to assess such
charges to the Owner's account and against the Owner's Unit as such charges are
incurred.The decision of the Board
shall be final and binding on the Unit Owner.Notification of the Board's determination shall be made substantially in
the form attached.
J.Payment of charges made under this policy shall
not become due and owing until the Board has completed its determination.However, the Association during this time may
pursue other legal or equitable remedies.
K.Any Unit owner charged hereunder should pay all
charges assessed within thirty (30) days of notification that such charges are
due.Failure to make the payment at this
time shall subject the Unit Owner to all of the legal or equitable remedies
necessary for the collection of it.Charges assessed under this policy shall be added to and deemed a part
of the Common Elements of the Unit owned by the violator(s) and the Association
shall have a lien on the Unit for the amount thereof.
L.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 Unit address or
to such other address as the Unit Owner may have previously filed with the
Board of Directors.
All exterior modifications done
to Units or Common Elements start with submitting an Architectural Request
Form. Any exterior or common element modification, alteration or installation
done by a homeowner or tenant without permission of the Board will be assessed
a $100 fine as outlined in section 10.3.A.
Storm doors are to be of the Full
View variety. The approved manufacturers are: Larson Full-View Door or Anderson
Full-View Door.The only approved colors
are sand, beige or taupe. Any other style or color of door will be in violation
of this rule and will need to be removed/replaced. The approved doors can be
found at any Menards, Home Depot or Sears Hardware stores.
Satellite dishes are permitted
with Board approval for the installation location. Unit Owners must submit an
architectural approval request form. Include specific drawings, showing the
size of dish, method of installation, location and how the cable wires are to
be run into the building and proper grounding in accordance with the National
Electrical Code.
Flagpole holders can be affixed
to the wood trim of the chimney chase or the corner of the Unit. The holder
should be located between 60 and 72 above ground level. Flags cannot hang over
sidewalks or driveways. Flags displayed shall be of a reasonably tasteful design
and socially acceptable as determined by the Board.
A.The Unit Owner must maintain, by the way of
watering, the live plantings located around their Unit.Lawns, trees and shrubs must be watered in
accordance with the Village watering ordinance or restrictions. The Unit Owner
shall be responsible for the cost to repair any damage to the landscaping
including live plants and lawn areas due to negligence. The Association shall
contract an appropriate vendor for repairs and the Unit Owner shall be charged
the cost of such repairs.
B.Unit Owners may plant flowers in the common
elements immediately adjacent to their units. Creating new planting areas is
not permissible. Unit Owners plant at their own risk The association is not
responsible for damage done to any additional plants not on the landscape plan.
C.Bushes cannot be relocated or removed without
Board approval. Planters and pots are ok except when they are deemed by the
Board to detract from the overall aesthetic appearance of the community.
D.Hanging baskets will be approved for under the
porch overhang or shepherds hooks that are placed in the common elements
immediately adjacent to the Owners Unit. No hooks, screws or nails are to be affixed
to the siding of the building for any reason.
E.Once a Unit Owner has changed the landscaping on
their unit they are responsible for the upkeep of the changes. If the Board
determines that the new plantings are not being upkept in a manner acceptable,
the area will be restored to its original condition and any costs associated
with this will be charged to the Unit Owner.
F.If a Unit is sold, the new Owner will accept the
responsibility of upkeep or will need to, at time of closing, notify the
original Owner to have the outside restored back to its original condition.
G.Mulch is the responsibility of the Board. Should
a Unit Owner decide to replace their own mulch, it must be of equal quality as
to what is provided by the landscape company.
H.Permissible Changes:
1.Common varieties offlowers
2.Gray stone edging – 1 brick high only
3.Bushes –as approved by the Board
4.Small landscape decorations
5.Trellis – not attached to the building
6.Flower pots and hanging baskets
7.Landscape lights located on the inside of the
sidewalk only
I.Changes that are not allowed:
1.Planters affixed to deck railings
2.Lattice work trellis'
3.Plantings on any common element grass
4.Fertilizing the lawn
5.Planting trees
6.Weed killers used on grass
7.In-ground sprinkling systems
8.Brick work, fencing, landscape timbers
9.Invasive plant species – as identified by the
landscape company
The Unit Owner must obtain
written permission from the Board prior to start of project. Any and all
permits required by the Village of Fox Lake are the responsibility of the Unit
Owner.
A.Patio Specifications for Poured in Place
Concrete Patio:
Maximum size of slab not to exceed 100 square feet in size with a minimum of 64
square feet. 4000 psi air entrained concrete (no coloring of concrete is
permitted). Wire mesh reinforced. No use of corrosive accelerators permitted.
Thickness of concrete slab is to be a minimum of 4 on a minimum of 2of
compacted sand or gravel. Expansion joint must be used between existing
concrete and new slab. No major excavation of site will be permitted.
B.Deck Construction Guidelines: There are original deck plans
created for the Carriage Homes of Fox Ridge. In addition to
adhering to these spec's, the
stairs(s) must rest on a concrete pad at ground level. This pad must meet
all of the specifications contained in cement patio section. The pad must be
4" thick on a 2" base of sand, it must extend 2 inches beyond the
length the width of the bottom stair thread. This pad must be flush with the
existing ground level
C.The name and address of the contractor
must be submitted.
D.Contractor to provide American
Community Management, Inc., and Carriage Homes of
Fox Ridge Homeowners Association
with a certificate of insurance showing $500,000 in liability insurance,
workers comp. insurance and the Carriage Homes of Fox Ridge and American
Community Management, Inc. listed as additional insured
E.$1000.00 cash bond posted by homeowners
prior to construction of the deck and cement
patio.
This is to guaranty that no damage is caused to the common elements or
underground utilities. If the building has been landscaped, $1000.00 cash bond
will also guaranty replacement of shrubs and insurance that if any of the
landscaping has been relocated, then the bond will be held one year.
F.Homeowner is responsible for all
building permits and inspections required by the Village Of Fox Lake.
G.Homeowner is responsible for contacting
J.U.L.I.E. to locate utilities.
H.Homeowner is responsible to have deck
or cement patio built per plans and specifications prepared by the Carriage
Homes of Fox Ridge Homeowners Association.
I.Homeowner and Homeowner's
subcontractor need to tender a statement to the Carriage Homes of Fox Ridge and
American Community Management, Inc., The letter should state that both the
Homeowner and the Subcontractor:
1.Agree to hold American Community Management,
Inc., and the Carriage Homes of Fox Ridge Homeowners Association harmless in
the event of any injury, theft, or any other mishap relating to the deck or
cement patio construction.
2.Understand that deck or cement patio
construction can only take place Monday –
Friday from 7 am - 5 pm and Saturday from 9 am - 5 pm.
3.Subcontractor must tender paid invoice showing
labor and material has prepaid.
4.Subcontractor must tender lien waivers for
material and labor prior to deck or cement patio construction.
5.Subcontractor must tender a statement waiving
any and all lien rights and any other legal recourse againstAmerican Community Management, Inc., and Carriage
Homes of Fox Ridge Homeowners Association.
6.Work to be completed, start to finish within 7
calendar days.
J.Indemnification Agreement is signed and
submitted.
Fire pits, tiki style torches
and outdoor wood burning chimney devices present the potential for dangerous or
hazardous conditions. Any device that has open flames and burns any type of
fuel is not permissible at any time on any part of the property In Fox Ridge.
There shall be no trespassing in
or on any retention area and/or the surrounding wetland area for
any reason without limitation. The retention
ponds and retention areas are not a recreational area and should be considered
off-limits to all persons at all times. Contamination of any retention area by
any substance is expressly forbidden. Children are not to be near or around
retention areas unless attended by an adult. No person may disturb or harm the
natural wildlife inhabiting the ponds, wetland, or retention areas. All Village
ordinances shall be enforced.
There shall be no climbing of
retaining walls or the landscaping rocks of the front entrance. The
retaining walls are installed for the
protection of the property and are not recreational in design. All retaining
walls and rock landscaping is considered off limits.
For the purposes of this
document, the following definitions shall apply, but shall not supersede the
definitions in the Association By-laws.
D.Common
Element – Generally means all portions of the Premises which are not
residential and which consist of private roads and roadways, storm water
detention ponds, conduits providing storm water drainage fro the Premises,
woods and fauna, grassy areas and entranceway monuments.
E.Limited
Common Element – Generally means the portion of the Common Element that is for
exclusive use of the homeowner.
F.Unit
Owner / Homeowner – Generally means the person of record who is the legal
owner of the property (unit) and is not a visitor or renter.
G.Renter
– A person who has signed a lease with a Unit Owner where the Unit Owner has complied
with all regulations specified in Carriage Homes of Fox Ridge – Rules and
Regulations - 6.1.B and 6.1.C. Renters do not have the same privilege as Unit
Owners, but must follow all the same rules. Renters are not allowed to vote and
can only address the Board at Boards meetings through the Unit Owner.
H.Resident
– Generally means the persons inhabiting the Unit of the Unit Owner on a permanent
or semi-permanent basis, but always more than two-weeks. Neither a renter or a
visitor is a resident.
I.Association
– Generally refers to the collective group of homeowners that makes up the Carriage
Homes of Fox Ridge Homeowners Association. Also, sometimes refers to the Board
of Directors and its agents acting on behalf of the Board.
J.Patio
– The concrete or otherwise modified pad that typically exists outside of the
sliding doors in some Units.
K.Deck
– the wooden decking and railing structure that typically exists outside of the
sliding glass doors in some Units.
L.Porch
– The concrete pad that typically exists outside of the front door of all
Units.
