Hunt Club Woods Homeowners Association

A. DEFINITIONS

1. "Owner" shall mean and refer to the record Owner, whether one or more persons, of fee simple title to any Lot, including contract sellers, but excluding those who have such interest merely as security for the performance of an obligation.
2. "Board" shall mean and refer to the Board of Directors of the Association.
3. "Dwelling" shall mean any building located on a Lot and intended for the shelter and housing of a single family.
4. "Improvements" shall mean and include Dwellings, any and all buildings, outbuildings, driveways, pedestrian walkways, fences, decks, patios, sidewalks, and all other structures of every kind and description located on or proposed to be located on a Lot or Lots.
5. "Lot" shall mean a lot of record established by the Plat for Hunt Club Woods.
6. "Conservation Area" shall mean Lots A, B, C, and D as depicted on the Plat for Hunt Club Woods (i.e. the open space areas).
7. "Maintenance Easement" shall mean the area of the Association adjacent to Haas Road.

B. VIOLATIONS

1. For Declarations, By-Laws and Rules and Regulations to be completely effective and enforceable, each Owner and/or occupants should be in a position to report violations to the Board. Owners and/or occupants reporting violations should be objective in their reports.
2. Owners are ultimately responsible for the actions of their guests.
3. Except for those violations noted by the Board and/or its agent, all reports of violations must be written, signed by an Owner within the Association, and delivered or mailed to the Board. A copy of the Violation Report form is attached hereto. However, the Board will accept hand written reports in the same general form as the enclosed form.
4. Please note that any such Violation Report submitted to the Board may be reviewed by the Board and the alleged violator in executive session. Owners should be aware that in order for the Board to properly address violations, it may become necessary for the reporting Owner to testify, from time to time, in legal or other proceedings. Owners acknowledge and understand that in the event that such testimony is required and the Owner declines to testify, the Board may not be able to adequately address the alleged violation.

C. FINE PROCEDURE

1. The Board will review each report of violation.
2. The offending Owner will be notified in writing, using the attached Violation Notice form or any proper report. Such notice shall be sent by regular mail or hand delivered to the offending owner and shall include the date when the Board will meet with the Owner to conduct a hearing on the alleged violation.
3. Should an Owner wish to contest the violation he or she must attend the Board Meeting noted on his or her Violation Notice. The Owner will be given the opportunity to present any evidence on his/her behalf.
4. At the hearing, the Board will advise the owner of the evidence it has of the alleged violation. The offending Owner will then have the right to present his/her case. The Board has the right to limit the length of the meeting.
   1. At the conclusion of the hearing, the Board will vote on whether or not a violation has been proven and if a monetary fine will be imposed. A majority of the Board then present must approve the imposition of a fine. Within fourteen (14) days of the
   2. hearing, the Board will provide the Owner with written notification of the findings. The Board’s decision is deemed FINAL.
5. If an Owner fails to attend the hearing or submit a written request to reschedule the meeting, his/her failure to attend the hearing will result in the allegations being deemed admitted.
6. If the Board determines that the Owner and/or occupant is guilty of the violation, fines will be posted to the Owner's account. Fines will be applied as follows:

a. Minor Offense:

First Offense: The Owner will have seven (7) days to correct the violation. Failure to correct the violation within that time frame, will result in the assessment of a $25.00 fine.

Second Offense of the same violation: Immediate assessment of $45.00 fine and the Owner having seven (7) days to correct the violation before the assessment of subsequent fines.

Subsequent Offenses of the same violation: Immediate assessment of $100.00 fine and/or imposition of a daily fine not to exceed $10.00/day until the violation is abated, and/or initiate any other recourse allowed by the Declaration, By-Laws or applicable Illinois law, including but not limited to initiating legal action.

At all times, the Board has the right to pursue any and all legal or equitable remedies available to it to address a violation, in addition to or instead of imposing a fine, to enforce any of the restrictions within the Rules, Declaration or Bylaws for the Association.

b. Major Offense:

First Offense: The Owner will have seven (7) days to correct the violation. Failure to correct the violation within that time frame, will result in the assessment of a $50.00 fine.

Second Offense of the same violation: Immediate assessment of $100.00 fine and the Owner having seven (7) days to correct the violation before the assessment of subsequent fines.

Subsequent Offense of the same violation: Immediate assessment of $200.00 fine and/or initiate any other recourse allowed by the Declaration, By-Laws or applicable Illinois law, including but not limited to initiating legal action.

At all times, the Board has the right to pursue any and all legal or equitable remedies available to it to address a violation, in addition to or instead of imposing a fine, to enforce any of the restrictions within the Rules, Declaration or Bylaws for the Association.

IF THE MAJOR OFFENSE COMMITTED VIOLATES SECTION G, PARAGRAPH 18 OF THESE RULES AND REGULATIONS, OR IF AN OFFENSE CAUSES IMMEDIATE RISK TO INDIVIDUAL SAFETY OR VALUE OF THE ASSOCIATION PROPERTY, THE BOARD OF DIRECTORS CAN IMMEDIATELY ASSESS A $200.00 FINE AND/OR IMMEDIATELY INITIATE ANY OTHER RECOURSE ALLOWED BY THE DECLARATION, BY-LAWS OR APPLICABLE ILLINOIS LAW, INCLUDING BUT NOT LIMITED TO INITIATING LEGAL ACTION.

1. In all cases, fines are charged to Owners and the Owner is responsible for payment of the fines. If the Owner's guest violated the Declaration, By-Laws or these Rules and Regulations, the Owner is still responsible for payment of the fine.
2. Should Owners delay in payment of fines, they will be referred to the attorney for collection in the same manner as late assessment payments are now referred.
3. An Owner who violates these Rules and Regulations, or any restriction within the Association’s Declaration or Bylaws, will be responsible for reimbursing the Association for any and all costs and attorney’s fees incurred by the Association in addressing the violation.

D. REFUSE, RECYCLING AND YARDWASTE COLLECTION

1. Garbage and Trash

a.

Garbage and trash collection practices shall comply with local ordinances.

b.

No garbage, trash or refuse/recycling cans, containers or receptacles shall be kept in front of the dwelling.

c.

Garbage, trash and/or refuse/recycling cans shall be placed in such a manner, so that they are not visible from the street, until set out for pick-up.

2. Recycling

a.

Recycling collection practices shall be in compliance with local ordinances.

b.

All recycling is to be placed in recycling bins and stored in the dwelling, garage, or other area, so that the containers are not visible from the street, until set out for pick-up as described above for garbage and trash.

3. A violation of this section shall constitute a minor offense.

E. PARKING

1. Trucks, boats, recreational vehicles, commercial vehicles, mobile homes, trailers or other like vehicles (other than private automobiles) shall not be parked on the streets, lots or the drives/driveways of a dwelling. Any and all such vehicles must be kept in the garage. The lots or the drives/driveways of a dwelling shall not be used for long term storage of any private automobiles.
2. Parking of commercial vehicles on the streets, lots, and/or drives/driveways of a dwelling is prohibited unless temporarily parked for the purpose of making a delivery or performing a repair as requested by the Board or an Owner.
3. No motorized vehicles shall be operated, parked or stored on the conservation area or the maintenance area. The use of motorized vehicles, such as snowmobiles, golf carts, ATV’s, motorized aquatic vehicles (i.e. amphibians) in or around Scuds Lake, Rip Slough Lake, the conservation area or the maintenance area is strictly prohibited.
4. No vehicle may be parked such that it blocks or hinders access to another lot, dwelling, garage or drive/driveway, or so that it blocks any part of the sidewalk.
5. A violation of this section shall constitute a minor offense.

F. SNOW REMOVAL

1. Owners are responsible for their own shoveling and ice removal on their driveways and the sidewalks in front of their dwelling.

G. RESTRICTIONS ON PROPERTY USE

1. No construction or landscaping, either permanent or temporary, shall be commenced, placed and/or maintained in or on any lot without first obtaining the necessary approval from the Architectural Review Committee.
2. No vegetation, plants or bushes shall be installed that would breed infectious plant diseases or cause a nuisance by attracting noxious insects.
   1. No temporary building, shack, dog kennel, storage shed or other similar structure shall be installed, constructed or maintained on the lots. Party tents or inflatable jumpers erected for temporary festivities are allowed. Non-enclosed pool houses
   2. (i.e. those with four open walls) are permitted, provided that the same has been approved before erection by the Architectural Control Committee.
3. No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out or exposed on any part of the lots.
   1. The conservation area, maintenance area, and lots must be kept clear of litter, rubbish, debris and other unsightly materials, which must be kept in receptacles
   2. provided for such purposes.
4. Owners are prohibited from storing items of personal or other property on or in conservation area or maintenance area.
5. Nothing shall be affixed to or installed in the conservation area or maintenance area.
6. Owners are permitted to display holiday decorations so long as the decorations are not permanently affixed to the dwelling and they do not create a hazardous condition or a nuisance to other Owners. All electrical wiring for the exterior lights must be certified for exterior use and may not be permanently affixed to the exterior portion of the dwelling. No holiday decorations may be displayed more than forty-five (45)days before the holiday. All decorations must be removed no later than forty-five (45) days after the scheduled holiday, weather permitting.
7. No fences shall be permitted on any lot, except to enclose patios and/or in-ground swimming pools. Fences shall be of ornamental iron or PVC materials. Chain-link or stockade fences are prohibited. Fences shall not exceed more than five (5) feet in height. Prior to the erection or installation of any fence, the Owner shall obtain the necessary approval from the Architectural Review Committee, as well as the necessary building permits.
8. Fixed basketball backboards and posts are prohibited in the front of the dwelling. Moveable basketball posts with see-through backboards are permitted. No basketball playing shall be allowed in the streets, conservation areas or maintenance areas.
9. Air conditioning units shall not be located in the front of any dwelling.
10. Mailboxes shall be in conformity with the standards set forth by the United States Postmaster. Prior to installation of any mailbox, the Owner shall confirm placement of the same with the local postman and neighboring Owners. In the event that there is a dispute regarding proper placement of the same, a petition shall be made to the Architectural Review Committee to consider the placement.
11. No signs shall be posted or installed on the conservation areas or maintenance areas.
12. No advertising or signs of any type or character shall be erected, placed, permitted or maintained on any Lot, other than a name plate of the Owner and a street or Lot number not exceeding 2' x 1' in size or one "For Sale" sign not exceeding 4' x 4' in size and otherwise of style as approved by the Architectural Review Committee.
    1. In-ground swimming pools are permitted. Swimming pools, which are located above-ground or partially in ground, are strictly prohibited. Any swimming pool, which violates this provision, but was installed prior to the adoption of these Rules and Regulations by the Board, shall be exempt from this restriction, until such time
    2. as the swimming pool is removed or to be replaced, at which time the Owner shall come into compliance with this restriction. All swimming pools shall be properly maintained so as to not cause a nuisance to the surrounding Owners.
13. Each Owner shall maintain his lot (including vacant lots), dwelling, and all improvements located thereon in a clean, sightly and safe condition. Owners shall ensure that papers, debris and refuse are promptly removed from the Lot.
14. Lawns and any other vegetation shall be regularly mowed and/or trimmed on a regular basis so that vegetation does not exceed six (6) inches. Vacant lots must be mowed monthly, on or before the 15^th of each month, from May to October annually. In addition, Owners shall ensure that their lots are keep free from weeds and other unsightly vegetation. In the event that an owner fails to maintain his/her lot by regularly mowing, trimming and/or de-weeding the same, the Association may enter onto the lot for the purpose of maintaining the lot in accordance with Association standards. In such instances, any associated costs incurred by the Association in maintaining said lot will be assessed back to the account of the defaulting Owner.
15. No nuisance, noxious, offensive, or illegal activity shall be carried on the Lots or in the dwellings or within the conservation area or maintenance area, nor shall anything be done therein, either willfully or negligently, which may be or become a nuisance to the Owners or occupants of the dwellings. The discharge of firearms any where within the property is strictly prohibited. Firearms include, but are not limited to, B-B guns, pellet guns, and all other types and sizes of guns.
16. Violations of paragraphs 1 through 17 of this Section shall constitute minor offenses. Violation of paragraph 18 of this Section shall constitute a major offense and authorize the Board to immediately initiate an action to evict the occupant, without requiring the Board to take any interim steps. Violations of this Section, may result in the Board utilizing any and all remedies, including that of self-help to address and/or abate the violation. The Board will seek reimbursement of any and all costs and expenses incurred in removing any violation and restoring the maintenance area or conservation area to its original condition, from the owner.

H. DWELLINGS

1. The number of persons residing in an individual dwelling must be in compliance with applicable Village and Will County housing codes.
2. A violation of this section shall constitute a major offense.

I. PETS

1. No animals (other than inoffensive common domestic household pets, such as dogs and cats) shall be kept on any lot or in any dwelling.
2. The number of household pets kept in a dwelling may not exceed two (2) in total number and must be in compliance with any limitations imposed by the Village and/or Will County.
3. Pets may not create a nuisance to other Owners. Pets may not be offensive or vicious to other Owners.
4. No animal may be kept on any lot or in any dwelling for commercial purposes, including breeding. A violation of this paragraph shall constitute a major offense.
5. Pets outdoors must be restrained at all times by a leash or fence.
6. Pets outdoors shall have their waste removed immediately after deposit by the pet's owner, particularly in the conservation area or maintenance area.
7. Pets that are found to be a nuisance, offensive or vicious by the Board of Directors shall not be tolerated. Owners of these pet(s) shall be required to appear before the Board and may be ordered to remove the pets from the property after notice and a hearing. A violation of this paragraph shall constitute a major offense.
8. An Owner is responsible for the actions of the pets of anyone residing in or visiting his or her lot or dwelling. Any costs of repairing damage caused by a pet shall be assessed to the Owner. The pet Owner assumes all liability for the pet and holds the Association harmless for damage or liability related to injury or damage caused by the pet.
9. A violation of this section, shall constitute a minor offense, except for violations of Sections 4 and 7, which shall constitute a major offense.

J. NOISE

1. Owners and occupants are required to exercise care to avoid loud noise and the use of musical instruments, radios, television and amplifiers. Owners that feel their neighbors have abused this rule should report such disturbances to the police, as well as to the Board.

2. A violation of this section shall constitute a minor offense.

K. ASSESSMENTS

1. Annual assessment payments are due on or before January 15^th of each year.
2. Annual assessment payments not received by the 1^st of February of each year shall be deemed delinquent and a late charge in the amount of $100.00 shall be added to the Owner's account. In addition, interest in the amount of 12% per annum shall be assessed to the outstanding balance.
3. Owners who submit checks to the Association, but which are returned by the Owner's bank for insufficient funds shall be assessed a $25.00 charge. The Owner shall be responsible to reimburse the Association for any and all costs incurred due to such returned payment, including any fees charged by the Association’s bank.
4. In the event that the Association must take legal action to collect assessments, any costs incurred therein, including, but not limited to attorney’s fees, court costs and recording fees, shall be the responsibility of the defaulting Owner.

L. TRANSFER OF OWNERSHIP

1. When selling his or her dwelling/lot, the Owner must supply the Board with a copy of the name and address of the new Owner and a forwarding address for the present Owner.
2. It is required that upon selling his/her lot/dwelling, the present owner must supply the new Owner with copies of the Declaration, By-Laws and Rules and Regulations of the Association. Additional copies may be requested from the Board at any time. If copies are requested, the Association may charge a reasonable reproduction cost for the same.
3. No "for sale" signs, advertising or other displays shall be allowed to be displayed on the maintenance areas or conservation areas.
   1. Upon ten (10) days written notice to the Board, using the attached Request for Closing Letter form, a statement of account and closing letter will be provided to the Owner, setting forth the amount of any unpaid assessments and other charges due and owing from said Owner. There will be a Seventy-Five Dollar ($75.00) charge for
   2. this service, when it is for a paid assessment letter that is required for a closing that transfers title to another owner. If the paid assessment letter is necessary only for a refinance by the current Owner, the fee will be Thirty-Five Dollars ($35.00). If paid assessment letters are requested with less than forty-eight (48) hours notice, a rush fee of Fifty Dollars ($50.00 ) may be charged by the Association, in addition to the regular paid assessment letter fee.
4. In the event that an Owner fails to notify the Association of a change in ownership of any lot or dwelling, the then Owner shall be responsible for any fees and costs incurred by the Association in determining and/or locating the then Owner of the property.
5. A violation of this section shall constitute a minor offense.

M. SATELLITE DISHES AND ANTENNAS

1. In compliance with the Federal Communications Commission’s Rules, Owners are allowed to install satellite dishes or antennas, on areas which they enjoy exclusive use. This requires that satellite dishes or antennas and the wiring or other apparatus attached thereto, to be only on the area within the owners exclusive use, and not on, in or over the conservation areas or maintenance areas. No satellite dish or antenna can exceed beyond the area which is within the Owner’s exclusive use.
2. Any wiring and/or other apparatus related to the satellite dish or antenna is prohibited from being attached to the conservation areas or maintenance areas.
3. For safety reasons, all satellite dishes and antennas must be installed by a professional, licensed and bonded contractor. Unless an Owner is a professional, licensed, and bonded satellite dish installer, or receives written permission from the Board, Owners are prohibited from installing satellite dishes and/or antennas themselves.
4. If an Owner installs a satellite dish or antennae on the conservation areas or maintenance areas, or if the wiring and /or apparatus attached to the satellite dish or antennae encroaches in, on or over the conservation areas or maintenance areas or onto another area that is within the exclusive use of another Owner, the Board has the right to demand that the Owner immediately remove the satellite dish or antennae at the Owner’s expense. If the Owner fails to respond to the Board’s written demand, the Board has the right to pursue any legal or equitable remedies available to it.
5. The Board has the right to direct an agent, contractor or public official, to remove the satellite dish or antennae in an emergency situation, as determined solely by the Board.
6. Owners are only allowed to install satellite dishes that are 1 meter or less in diameter. If an Owner seeks to install a satellite dish that is larger, the Owner must submit a written request to the Architectural Review Committee. The request must state why the larger dish is necessary. The Board will have fourteen (14) days to consider such a request.

N. ARCHITECTURAL REVIEW

1. No dwelling, garage, building, post, fence, wall or other improvement shall be commenced, erected or maintained, nor shall any addition to or change or alteration to any of the aforesaid be made on a lot or dwelling, with the exception of interior alterations, until the construction plans and specifications, landscaping plans showing the nature, design, kind, shape, height, materials, color scheme and location of the improvement has been submitted and approved in writing by the Architectural Control Committee.
2. Please note that approval by the Architectural Control Committee does not serve as a substitute for obtaining the requisite building permits. Similarly, obtaining a building permit is not a substitute for obtaining approval from the Architectural Control Committee. Owners are required to obtain both a building permit and approval from the Architectural Control Committee before commencing any improvements to the lot or dwelling.
1. The Architectural Control Committee shall consist of three persons who shall be appointed by the Board. Each member of the Architectural Control Committee shall be an Owner of a lot within the Association. In the absence of any such appointment, the power of the Architectural Control Committee shall be vested solely in the Board.
2. The Architectural Control Committee shall have the following powers and duties:

(a)

to review requests by Owners for approval of any exterior addition to or modification or alteration to a lot or dwelling or other matter described in this Declaration as requiring approval of the Architectural Control Committee and, subject to final approval thereof by the Board, to render decisions thereon;

(b)

to propose to the Board rules, regulations and procedures concerning exterior maintenance, repair, landscaping, fences, and the enforcement of the provisions of

this Declaration in relation thereof; and

(c)

such other power and duties as the Board shall from time to time delegate.

4. Any matter requiring the approval of the Architectural Control Committee shall be submitted to the Architectural Control Committee in writing and, if approval of any alteration or addition to a lot or dwelling shall be requested, the request shall include a stamped copy by a licensed architect of design drawings, plans and specifications, elevations, landscaping schemes and descriptive materials showing the size, color, design configuration, height, shape and materials of such alteration or addition. In addition, a stamped copy by a licensed engineer of the site plan showing the improvements proposed placement on the lot or dwelling.

Prior to the installation of landscaping, the Owner shall tender a landscape plan to the Architectural Review Committee for its approval. A $2,500.00 landscaping bond shall be submitted to the Association. This bond will refunded in its entirety upon landscape completion and approval by the Architectural Review Committee.

In accordance with Article III, Section 3.4(a) of the Declaration, a fee of $200.00 must be submitted to the Association to defray the costs of review, including but not limited to payment to a consulting professional to assist in carrying out the necessary review.

Any and all improvements, additions or alterations must be in compliance with Article V of the Association’s Declaration. Any request submitted in violation of any provisions contained therein will be denied.

Within a reasonable time not exceeding twenty-one (21) days after receipt of all such items, the Architectural Control Committee or the Board shall advise the Owner:

(a)

Whether such Owner’s request is approved or denied, and if denied, the specific reasons therefore; or

(b)

Whether the Architectural Control Committee requires additional information, plans or other materials to render a recommendation, in which case such additional items shall be furnished as expeditiously as possible.

If additional items shall be required pursuant to subsection (2) above, within a reasonable period of time not exceeding ten (10) days from the date of receipt of all such items, the Architectural Control Committee or Board shall advise the Owner in writing as to whether the request is approved or denied and if denied, the specific reasons therefore. If such Owner’s request for approval shall have been denied, such

Owner shall have the right to appeal the decision pursuant to Section 5 hereof.

1. Any adverse ruling may be appealed to the Board, which shall render a final decision as to the matter in question or reconsider any decision previously rendered by it. An Owner desiring to appeal shall so advise the Board in writing. The Board shall consult with the Architectural Control Committee and such Owner, shall review the plans and other materials submitted by such Owner, and shall render a written decision as to the matter under consideration as expeditiously as practical. In rendering its decision, the Board shall take into consideration the criteria set forth in this Article; the manner in which the Architectural Control Committee has applied such criteria to the manner under review and such other factors as the Board deems relevant in respect to the overall enhancement of the value and desirability of the Lots.
2. In evaluating requests by Owners for approvals required of the Architectural Control Committee hereunder, the factors to be considered by the Architectural Control Committee shall include the following:

(a)

the architectural integrity and compatibility of any proposed exterior modification to a dwelling with the design, color scheme and materials of such dwelling as originally constructed, in regard to which the Architectural Control Committee shall not have the authority to approve an exterior alteration or addition that:

1. changes color schemes or architectural styles from those originally constructed;
2. substitutes materials of lesser quality than those originally furnished; or
3. results in a change in the grade of a lot or the elevation, size or basic exterior design as to door and window placement from that originally provided.

(b)

the aesthetic effect of any proposed modification of landscaping, exterior fences or exterior lighting; and

(c)

such other factors as the Architectural Control Committee deems relevant in assessing the overall effect of the Owner’s request upon the maintenance and operation of the lot and dwelling.