HomeMy WebLinkAboutRESOLUTION 17-18,A - Maison Du Val DeclarationPrepared by and Mail to:
Timothy P. McHugh
Timothy P. McHugh, Ltd.
360 W. Butterfield, Suite 300
Elmhurst, IL 60126
RHSP FEE:S9,00 RPRF FEE: S1.00
EDWARD M. MOODY
COOK COUNTY RECORDER OF DEEDS
DATE: 11/11/2020 02:11 PM PG: i OF 7:
DECLARATION
OF COVENANTS AND RESTRICTIONS
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DECLARATION
OF COVENANTS AND RESTRICTIONS
THIS DECLARATION is made by Emerald, Inc., an Illinois Corporation
(hereinafter referred to as the "Developer") this 20th day of August, 2020.
RECITALS:
Developer is the holder of record title to the real property legally described in
Section 2.1 below. Developer is a Developer of single-family homes and Townhomes
throughout the Chicago suburban area and is the Developer and General Contractor of the
subject real property. The real property area which the Developer proposes to develop is
herein referred to as "Maison du Val Townhomes".
Developer intends to develop Maison du Val Townhomes into a community of
"twnhomes", each townhouse being a single-family private residence erected on a
separate Homesite with in an attractively landscaped Common Areas. Said townhouses
are to be constructed in groups of four to six residences, such that each group constitutes
a continuous structure with party walls dividing the residences within each group.
Developer desires to provide for the preservation of the distinctive quality of
Maison du Val Townhomes and for the maintenance of the Common Areas, including,
but not limited to, private sidewalks, detention area and the road designated as Dakota
Drive and the residences which will be constructed on the Homesites. For these purposes,
Developer desires to subject the real property hereinafter described to the conditions,
covenants, restrictions reservations, grants and easements herein set forth (all of which
are hereinafter referred to collectively as the "Covenants and Restrictions").
The Developer has the right and power to assign its interests in this Development.
If Developer assigns its interests in this Development, any Assignee shall be subject to al
the terms of this Declaration.
NOW, THEREFORE, Developer, for the purposes above set forth, hereby declares
as follows:
ARTICLE ONE
Definitions
For brevity and clarity, certain words and terms used in this Declaration are
defined as follows:
I.I Association: Maison du Val Townhomes Home Owners Association, an
Illinois not -for- profit -corporation, its successors and assigns.
1.2 Board: The Board of Directors of the Association, as constituted at any time
and from time to time, in accordance with the applicable provisions of Section 9.3 hereof.
1.3 By -Laws: The By -Laws of the Association.
1.4 Common Areas: The whole of Maison du Val Townhomes except the
Homesites which are created within Maison du Val Townhomes including the Detention
Area as referenced on the Plat of Subdivision of Maison du Val Townhomes.
1.5 Community Expenses: The: expenses of administration (including
management, security and professional services), maintenance, operation, repair,
replacement, waste removal, landscaping, and snow removal of the Common Areas; the
cost of additions, alterations, or improvements to the Common Areas; the cost of
insurance; the cost of any necessary utility expenses for the Common Areas and, if not
separately metered, charged, or designated herein as a Residence Expense, the cost of
water, waste removal and other necessary utility services to the Residences; any expenses
designated as Community Expenses by this Declaration or the By -Laws; and any other
expenses lawfully incurred by the Association for the common benefit of all the Owners.
1.6 Declaration: This instrument as amended or supplemented from time to
time,
1.7 Developer: Emerald, Inc., an Illinois corporation, its successors and
assigns.
1.8 Homesite: Any one of Lots 1 through 32, inclusive, of Maison du Val
Townhomes, subject to the Covenants and Restrictions, including the Residence to be
constructed thereon..
1.9 Owner: A record owner, whether one or more persons, of fee simple title
to any Homesite upon which a residence has been built, excluding those having an
interest merely as security for the performance of an obligation.
1.10 Party Wall: A wall that is built as part of the original construction and
placed on the boundary Iine, between Residences.
1.11 Person: A natural individual, corporation, partnership, trustee, or other
legal entity capable of holding title to real property.
1.12 Property: All the land, property, and space comprising Maison du Val
Townhomes as legally described in Section 2.1, all improvements and structures erected,
constructed or contained therein or thereon, including Residences, and all easements,
rights and appurtenances belonging thereto, and all fixtures and equipment intended for
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the mutual, use, benefit or enjoyment of the Owners, hereby or hereafter subjected to the
Covenants and Restrictions.
1.13 Residence: The single-family townhouse constructed on a separate
Homesite.
1.1.4 Residence Expense: Any expense, other than a Community Expense,
incurred by the Board which is to be charged to an Owner. A Residence Expense shall
include, without limitation, the cost of any maintenance, repairs, or replacements or other
services furnished by the Association to a Residence and any expenses which are
specifically designated as Residence Expenses in this Declaration or the By -Laws.
1.15 Mules and Regulations: The Rules and Regulations adopted from time to
time by the Board governing Maison du Val Townhomes and the use of Maison du Val
Townhomes by the Developer and by all other persons.
1.16 Townhouse: A single-family residence erected on a separate Homesite,
constructed in groups of four or six residences separated by party walls.
1.17 Voting Member: The person entitled to membership in the Association
and who shall be entitled to vote at meetings of the Association, as more fully set forth in
Section 9.2 (b).
ARTICLE TWO
.Property Subject to Covenants and Restrictions
2.1 Description of Maison du Val Townhomes. The real property to which this
Declaration relates, and which is subject to the Covenants and Restrictions, is the
property which Developer is developing, and said real property is legally described as
follows:
See Attached Exhibit "A"
2.2 Maison du Val Townhomes: Subject to Covenants and Restrictions.
Maison du Val Townhomes is hereby made and declared to be subject to the conditions,
covenants, restrictions, reservations, grants and easements outlined in this Declaration,
and the sale, transfer, mortgage, conveyance, use or occupation of the Homesites and the
Common Areas are and shall at all times hereafter be subject to the Covenants and
Restrictions.
ARTICLE THREE
General Purpose of Declaration
3.1 Statement of Purpose. The purpose of this Declaration of Covenants and
Restrictions is to insure the use and development of Maison du Val Townhomes is
consistent with the desire and intention of Developer to establish a residential community
of high quality to protect the Owners of the Residences therein against any use of Maison
du Val Townhomes, or any part of Maison du. Val Townhomes, in a manner inappropriate
to the fine residential community and incompatible with the proper enjoyment of such a
community; to insure that the Common Areas within Maison du Val Townhomes are at
all times carefully and efficiently maintained and the lawns, private sidewalks and open
spaces within Maison du Val Townhomes are maintained and operated so they may be
enjoyed. and used with comfort and pleasure by the Owners of Residences within Maison
du Val Townhomes. It is the purpose of this Declaration, in general, to provide that
Maison du Val Townhomes will be so managed, maintained, and preserved so as to be
regarded as a residential community of outstanding excellence.
ARTICLE FOUR
The Homesites and the Owners
4.1 Creation of Homesites. Homesites will be created by the Developer
within the Plat. These Homesites shall describe a lot and unit number, the legal
description, and the boundary dimensions, which include the building structure only, and
configuration. The areas in front of and to the rear of each unit shall be used by that unit
owner, but shall remain as a limited common element and maintained by the Association.
Said Plat of Subdivision shall also state that an easement for use is created in favor of
each Homesite, from such Homesite over the roads constructed in the Common Areas
and over the driveway which connects each Homesite to the private roads.
4.2 Designation of Homesite, Each Homesite may for all purposes, including,
but without limitation, conveniences and mortgages, be identified and referred to as "Lot
Number , Unit Number " as described and delineated on the Maison du Val Plat
of Subdivision, recorded in the Recorder's Office of Cook County, Illinois, on November
22, 2019, as document number 1932634074 (the appropriate Lot and Unit number to be
inserted).
4.3 Owner. By purchasing or otherwise acquiring a Homesite, each Owner
agrees to be bound by all the Covenants and Restrictions contained in this Declaration.
ARTICLE FIVE
Restrictions
5.1 Land Use and Building Type. All Homesites in Maison du Val Townhomes
shall be used for single-family, private residence purposes only, and no building or
structure other than a single- family private "townhouse" residence shall at any time be
constructed or maintained on any Homesite within Maison du Val Townhomes including
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by way of illustration and not by way of limitation, satellite dishes, sheds, dog houses,
swimming pools, or other accessory buildings or structures. No regular business, trade,
or occupation or profession of any kind or nature whatsoever, whether or not profit is
intended, shall be permitted to be carried on in any Homesite.
5.2 Architectural Controls. No building, awning, porch, fence, wall or other
structure shall be commenced, erected or maintained, nor shall any addition to, or change
or alteration in, any of the foregoing be made, nor shall any exterior color changes be
made, until the construction plans and specifications shall have been submitted to the
Developer and approved by the Developer in writing (which approval may be withheld
by Developer in its sole discretion and without a reason being expressed therefore) and
also subject to the issuance of a Construction Permit from Ek Grove Village.
5.3 Landscaping Controls. Initial landscaping shall be done by Developer,
approved by Elk Grove Village, and changes in such landscaping shall be made by an
Owner only with the prior approval of the Developer, the Association and Elk Grove
Village. The Developer and the Association have the right, in making a judgment as to
the giving or, withholding of approval of, plans and specifications submitted to the
Developer and. the Association, to consider the desirability of the proposed landscaping
or grading, in relation to other landscaping and grading in Maison du Val Townhomes,
and to consider the character and qualities of the residential development existing or
being created within Maison du Val Townhomes.
5.4 Prohibition of Certain Activities and Other Matter. No activity shall
be carried on which annoys or disturbs, or is likely to annoy or disturb, others in Maison
du Val Townhomes. No livestock, poultry, or other creatures may be kept or maintained.
The keeping of dogs, cats or other household pets is subject to the Rules and Regulations,
and the Rules and Regulations may prohibit the keeping of pets anywhere within Maison
du Val Townhomes. Refuse or waste material shall not be permitted to accumulate or be
burned outside of Owner's residence. Boats, recreational vehicles and commercial
vehicles shall not be stored or parked overnight on any Homesite within Maison du Val
Townhomes nor elsewhere within the Common Areas except that they may be so stored
within the garage on a Homesite so long as the garage doors are kept shut at all times. A
"commercial vehicle" is any vehicle expressly constructed for use in a commercial
activity of any kind, or which is identified by its general appearance, or by printing, or by
symbols, or by like matters as being engaged in a commercial activity. Trailers, mobile
homes, campers and similar vehicles are included within the prohibition against
recreational vehicles. No tent, shack, garage, temporary building or structure of any kind
shall be used at any time as either a temporary or permanent residence. No plants or seeds
or other things or conditions, harboring or breeding or likely to attract noxious insects or
creatures, or likely to be conducive to plant disease, shall be brought into or permitted to
exist or to be maintained within Maison du Val Townhomes. No snowmobile, dune
buggy, three- or four -wheeled off -road vehicles or similar motorized device may be
operated anywhere within Maison du Val Townhomes. Violation of the foregoing
restrictions shall entitle Developer and the Association to enforce the rights and remedies
hereinafter specified, whether or not said violation constitutes a nuisance.
5.5 Nameplates, Antennae, Lighting, and Other Such Matters. There shall
be no more than one nameplate on each Homesite. Style, size and location of nameplates
shall be prescribed by the Rules and Regulations of the Association. No television or
radio antennae (including satellite dishes of all kinds), tower, or other receiving or
transmitting device shall be erected outdoors, nor shall laundry be dried outdoors. No
newspapers, paper or other temporary window coverings may be used to cover the
windows in any Residence.
5.6 Signs. No signs may be placed on any Homesite, including, but not
limited to, "For Sale" or "For Lease" signs. The Developer shall not be bound by the
provisions of this paragraph 5.6. Until. such time as Developer sells the last Homesite
owned by it, Developer shall have the exclusive right to control the erection of signs on
the Property.
5.7 Covenants and Restrictions .Running With Land. The covenants and.
restrictions created by this Declaration run with the land both as to burden and benefit,
and every conveyance or other instrument affecting Maison du Val Townhomes shall be
deemed subject to these Covenants and Restrictions and bound thereby as fully and as
firmly as if the Covenants and Restrictions were fully set forth in said conveyance or
other instrument.
5.8 Decks and Patios. All decks and patios for each homesite shall be 10 feet
by 16 feet. The maximum allowable size for a deck or patio is 10 by 16 feet, and that
future expansion of the original 160 square foot decks or patios shall not be permitted
without Plan Commission approval or an amendment to the Final PUD Plan, after a
formal request is made to the Maison du Val Townhomes' Association.
5.9 Accessory Structures. Accessory structures such as sheds, pools and
individual yard fences (except deck privacy screens as constructed by the builder and the
development's perimeter fence) are not permitted within the common areas of the
development.
ARTICLE SIX
Use of the Common Areas and Limiters Common Areas
6.1 Use of Common Areas by Owners. The Owners, their families, guests
and invitees have the right to use the Common Areas. Use of the Common Areas shall be
subject to the Rules and Regulations, which may be amended from time to time by the
Developer or the Association.
6.2 Use of Limited Common Areas by the Owners. The Owners, their
families, guests and invitees have the right to use the Limited Common Areas in front of
and to the rear of each building unit, The Association and the Developer, their agents,
employees, and invitees also have the right to use the Limited Common Areas, for the
purpose of upkeep and maintenance, including, but not limited to painting, lawn and
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shrubbery upkeep and snow removal.. Use of the Limited Common Areas shall be subject
to the Rules and Regulations, which may be amended from time to time by the Developer
or the Association.
6.3 Use of Common Areas. No use of the Common Areas and Limited
Common Areas shall be made by any person, whether Owner or otherwise, which does
not comply with, and conform to, the requirements of this Declaration and the Rules and
Regulations.
6A Use of Detention Area. The Owners shall have right to use the Detention
Area for recreational purposes, subject to such restrictions as the Association Board have
published in the Rules and Regulations. The Owners and the Association shall have the
exclusive right to maintain the Detention Area.
ARTICLE SEVEN
Easements
7.1 Encroachments. In the event that, by reason of the initial design,
construction, repair, reconstruction, settlement or shifting of the Property or any part
thereof, (i) any part of the Common Areas or Limited Common Areas encroaches; or
shall hereafter encroach, upon any, part of any Homesite, or (ii) any part of any Homesite
(including, but not limited to, fireplaces, bay, bow or box windows, and window wells)
encroaches, or shall hereafter encroach, upon any part of the other Homesite or the
Common Areas, then, in any such case, there shall be deemed to be an easement in favor
of the Developer for the maintenance and use of any of the Common Areas which may
encroach upon a Fomesite and there shall be deemed to be an easement in favor of any
Owner for the exclusive use of any part of his Homesite which shall encroach upon the
Common Areas or any other Homesite; provided, however, that in no event shall an
easement for any encroachment be created in favor of any Owner if such encroachment
occurred due to the intentional, `willful or negligent conduct of such Owner or his agent.
7.2 Easements Reserved by Developer. Notwithstanding any provision
herein to the contrary, until such time as the Developer is no longer vested with or
controls title to any part of Maison du Val Townhomes, the Developer and its agents and
contractors shall have the right (a) to place and maintain on the Property model
residences, sales offices, advertising signs, parking spaces and lighting in connection
therewith, at such locations and in such forms as the Developer may determine, in its
discretion, to be used by the Developer in connection with the promotion, sale, or lease of
the Residences or of the Residences constructed or to be constructed on any part of
Maison du Val Townhomes, (b) to come over, across and upon the Property for the
purpose of making alterations or improvements to the Residences, Homesites or Common
Areas, and (c) to store on the Common Areas equipment and materials used in connection
with such work on the Residences, Homesites or Common Areas, all without the payment
of any fee or charge whatsoever.
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7.3 Perpetual Easements. Perpetual easements are hereby established in the
Common Areas for the use and enjoyment of said area by all Owners, their families,
guests, invitees and others where a right to use or enjoy the Common Areas is derived
from the Owner. Each Owner, and all persons whose rights are derivedd from the Owner,
has an easement to freely make all reasonable and proper use of the Common Areas
subject to the terms of this Declaration and to the Rules and Regulations promulgated
pursuant hereto.
7.4 Perpetual Easement in Gross to Association. The Common Areas and
I.,imited Common Areas shall be subject to a perpetual easement in gross to the
Association for the purpose of enabling and permitting the Association properly to
perform its duties and responsibilities. The Association further has a perpetual easement
in gross to enter upon a Homesite where reasonably necessary, in the judgment of the
Association, for the purpose of properly performing or executing a duty or responsibility
of the Association in respect of other Owner, or of the Owner generally, or of the
Common Areas. Without limiting the above easement in gross, the Association has a
perpetual easement in the Common Areas and the Homesites for the purpose of
maintaining the shores of all retention ponds and installing, repairing, maintaining, and
testing the lawn sprinkler system, the exterior lighting system, the aerator system and
shores of all retention ponds, and the fire protection security system, along with any other
systems which the Association has the duty or responsibility to operate or maintain, for
the benefit of the Owners or the Association. The Developer also has an easement in
gross to enter upon a Homesite where reasonably necessary in the judgment of the
Developer for the purpose of enabling and permitting Developer properly to perform its
duties and Responsibilities as Developer. Developer further has an easement in gross to
enter upon a Homesite where reasonably necessary in the judgment of Developer for the
purpose of properly performing or executing a duty or responsibility of Developer in
respect of other Owners, or of the Developer generally, or of the Common Areas.
7.5 Easements for Public Utilities, Sanitary and Storm Sewers. Developer
initially, and the Association thereafter, has the right to establish easements over portions
of Maison du Val Townhomes for sanitary and storm sewers and for all other public
utility purposes including electricity, gas, water, cable television, internet access and
telephones, and Developer and the Association have the concomitant right, in connection
with such grants of easements, to grant the right and power to do all things necessary or
appropriate in connection with said grant of easements, including, but without limitation,
the right of maintenance, repair and replacement. Developer and the Association are fully
authorized and empowered to execute and deliver any and all documents necessary to
implement these provisions, and the Developer shall be deemed to have approved and
confirmed such documents, and to be bound thereby.
7.6 Easements: How Created. Easements for all public utility or other
purposes, including, but without limitation, electricity, gas, water, cable television,
security, and telephone, shall be initially created by the recording in the Recorder's
Office of Cook County, Illinois, of the Plat of Subdivision of Maison du Val Townhomes
and, if necessary, individual Grants of Easements to which shall be appended Plats of
Easements showing the location of the easements being initially created. Thereafter,
easements for public utilities shall be created by the recording of separate Plats of
Easements, each of which shall show the location, within the Common Areas and within
any Homesites, covered by such subsequent Plats of Easements, of the easements being
newly created. The utility easements created by the filing of Plats of Easements shall be
deemed to have been created upon and subject to, all of the terms and conditions of the
Plat of Subdivision. of Maison du Val Townhomes and initial Grants of Easements to the
respective, utilities or services, so that upon the recording of a Plat of Easements
subsequent to the recording of the Plat of Subdivision of Maison du Val Townhomes or
an initial Grant of Easements, each utility or service company shall forthwith have all the
rights, powers and obligations contained, in said Plat of Subdivision of Maison du Val
Townhomes or the initial Grant of Easements, as fully and as effectively as if all the
terms of said Grant of Easements were contained within the subsequently recorded Plat
of Easements.
7.7 Easement Within Common Areas and Limited Common Areas. At
any time prior to the sale of a .Homesite by Developer, Developer has the right to create,
for public utility and other Common Areas purposes, an easement strip within, and
adjacent to, one or more sides of such Homesite.
7.8 Easement: Homesite to Public Streets. An easement for ingress and
egress to public streets shall exist over the driveways and walks which connect the
Homesites to the pubic road of Maison du Val Townhomes in favor of the Owners, their
families, guests, invitees and others whose right of use is derived from the Owners, and in
favor of the Developer and the Association. An area for the public road and for utility
easements (in addition to the utility easements hereinabove provided for), and for other
purposes, not inconsistent with such uses, is created and shall exist, as shown on the Plat
of Subdivision of Maison du Val Townhomes.
7.9 Easement to Fire and Police Departments. Fire and police departments
serving Maison du Val Townhomes, and cooperating fire and police departments, are
hereby given an easement to enter upon and make such use of so much of Maison du Val
Townhomes itself as is necessary for the customary and proper performance and
discharge of their duties.
7.10 Perpetual Easement to Village of Elk Grove. The Village shall have a
perpetual easement of ingress and egress to and from the Common Areas for purposes of
inspection, maintenance and repair (as outlined in section 10.3) of the stormwater
detention facility located in the Common Area on the Plat of Subdivision of Maison du
Val Townhomes.
ARTICLE EIGHT
Party Walls
8.1 Owner's Rights and Obligations. Each of the Owners immediately
adjacent to a party wall shall have the obligations and be entitled to the rights and
privileges granted herein and, to the extent not inconsistent herewith, the general rules of
law regarding party walls. If any party wall is damaged or destroyed through the act or
acts of an adjoining Owner, or his agents, servants, guests, or members of his family,
whether such act is willful, negligent or accidental, such Owner shall rebuild or repair the
wall to as good a condition as formerly without cost to the other adjoining Owner. Any
party wall damaged or destroyed by some act or event other than that produced by one of
the adjacent Owner, his agents, servants, guests or family, shall be rebuilt or repaired. by
both adjoining Owner to the same good condition as formerly, at their joint and equal
expense, as promptly as reasonably possible.
8.2 Disputes Regarding Party Walls. In the event of a disagreement between
Owners of adjoining Residences with respect to the repair, reconstruction or maintenance
of a party wall or with respect to his share in the cost of repairing, rebuilding or
maintaining the same, then upon the written request of either of said Owner to Developer
or the Association, or its successor or assign, the matter shall be submitted to it for
arbitration under such rules as it may from time to time adopt, provided, however, that if
no such rules are adopted or it refuses to act, then the matter shall be submitted to three
arbitrators, one chosen by each of the Owners, and the third arbitrator shall be chosen by
the other two arbitrators. A determination of the matter signed by any two of the three
arbitrators shall be binding upon all persons.
8.3 Private Agreements. No private agreement of any adjoining property
Owner shall modify or abrogate any of the provisions contained in Article Eight, which
shall be binding upon the heirs, administrators, successors and assigns of the Owner. No
person shall be liable for any act or omission respecting the provisions of this Article
except such as took place while such person was an Owner.
ARTICLE NINE
Maison du Val Townhomes Homeowners' Association
9.1 The Association. Maison du Val Townhomes Homeowners' Association has
been or shall be organized under the general Illinois not -for -profit -corporation act, so that
the corporation will be enabled to function under this Declaration. The Association shall
be the governing body for all of the Owners and for the administration and operation of
Maison du Val Townhomes as provided in this Declaration, and the By -Laws.
9.2 Membership.
(a) There shall be only one class of membership in the Association.
The Owner of each Homesite shall be a member of the Association, but there
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shall be only one member per Homesite. Membership shall be appurtenant to and
may not be separated from Ownership of a Homesite. Ownership of a Homesite
shall be the sole qualification for membership. The Association shall be given
written notice of the change of Ownership of a Homesite within ten days after
such change.
(b) One individual shall be designated as the "Voting Member" for
each Homesite. The Voting Member, or his proxy, shall be the individual who
shall be entitled to vote at meetings of the Owners. If the record Ownership of a
Homesite shall be in more than one person, or if an Owner is a trustee,
corporation, partnership or other legal entity, then the Voting Member for the
Homesite shall be designated by such Owner or Owners in writing to the Board
and, if in the case of multiple individual Owners no designation is given, then the
Board, at its election, may recognize an individual Owner of the Homesite as the
Voting Member for such Homesite.
9.3 Election of a Board. When Developer notifies the Owners that Developer
is ready to convey the fee simple title of the Common Areas to the Association, the
Owners shall elect a Board. If, in the judgment of Developer, the Owners fail to elect an
initial. Board after notice authorizing such election has been given by Developer, then the
Developer shall have the right to designate, in its discretion, any three of the Owners as
an initial Board. A director shall serve for one year, and thereafter until his successor is
elected.
9.4 Management and Control by Board. The Board may retain all
responsibility and authority for the day-to-day management and control of the Common
Areas. The Board has the right, but no obligation, to vest all of its responsibility and
authority for day-to-day management and control of the Common Areas in a manager to
be employed by the Board, and, if a manager is so employed, he shall be subject to the
authority of the Board. The manager shall execute the policies and decisions of the
Board, and the manager shall enforce their Rules and Regulations. The power and
authority of the manager shall be coextensive with that of the Board but shall be subject
and subordinate to the Board.
9.5 Adoption of Rules and Regulations. The Board may from time to time
adopt rules and regulations governing the Common Areas and use of the Common Areas
by the Owners and by all other persons. Developer shall have the right to adopt Rules and
Regulations prior to their adoption by the first Board. All users of the Common Areas and
all use of the Common Areas shall comply with the Rules and Regulations, and no use
shall be made of the Common Areas by any person, which does not comply with the
Rules and Regulations. Although the Rules and Regulations shall apply to, and be
effective throughout, Maison du Val Townhomes, including the Ilomesites located
therein, the rights, powers and duties of the Board shall be primarily concerned with the
Common Areas, and the primary responsibility of the Board is the management and the
operation of the Common Areas. In all matters relating to enforcement and
implementation of the Rules and Regulations, the Board may act through its manager.
The Rules and Regulations to be adopted by the Board in respect of the Common Areas
and Ilomesites may cover, among other things and without limitation, matters pertaining
to use, admission of guests, pets, discipline and disciplinary measures against violators of
said Rules and Regulations.
9.6 Vacancies, Compensation and Other Matters. The Board shall receive no
compensation for its, services. A vacancy in the Board, whatever the reason for the
vacancy, shall be filled by vote of the remaining members of the Board. If there are two
or more vacancies in the Board, the vacancies shall be filled by majority vote of the
Owners at a special meeting called for that purpose. The Board shall act by majority vote
of those present at its meetings when a quorum is present. The Board shall meet as often
as it deems necessary for the proper performance of its duties.
9.7 Officers of the Board of Directors. The Board shall elect from among its
members a President and a Secretary -Treasurer. Each officer shall perform the duties
which commonly attach to the office held.
9.8 Meetings of the Owners. When development of Maison du Val Townhomes
has been completed by Developer and Developer is prepared to transfer and assign all of
Developer's rights, powers and obligations to the Association, Developer shall give due
notice of said completion to the Owners, and shall give Owners not less than 15 days'
notice of a meeting to be held by the Developer at a place to be designated by Developer
in Cook County at which, by majority vote of all Owners present at said meeting, the
Owners shall elect the Board hereinabove referred to. Thereafter, the Owners shall meet
annually for the purpose of electing Directors at a place to be designated by the Board in
Cook County. The first annual meeting of the Owners shall be held one year, as early as
practicable, after the date of the first meeting of the Developer, and subsequent meetings
shall be held at yearly intervals thereafter.
9.9 Meetings of the Board. The Board shall meet annually promptly after the
annual meeting of Developer at a place to be designated by the Board in Cook County for
the purpose of electing officers and transacting any other business which may properly
come before the annual meeting. In addition to the said annual meeting, the Board may
hold special meetings when business before the Board makes it necessary. Special
meetings of the Board shall also be held on the written request of Sixteen of the Owners,
delivered to the Board. The request of the Owners shall state the purpose of the special
meeting, for which a request has been made, and in response to a proper request by one-
third of the Owners, the Board shall set a suitable date for a special meeting and shall
give not less than ten days' notice to each Owner, of the date, time and place of the
special meeting.
ARTICLE TEN
Rights. Powers and Obligations of Association
10.1 Rights, Powers and Obligations of the Association. For the benefit of
all the Owners, the Association shall have all powers relating to the maintenance, repair,
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improvement, management, and operation of the Property including, but not limited to,
the power set forth in this Article Ten, and all the rights and powers possessed by Owners
under the terms of this Declaration. The power of the Association shall include the power
to acquire and pay out funds as hereinafter provided, for the following Community
Expenses and/or Residence Expenses:
(a) Management services.
(b) Security services (if any), including security personnel, and
operation and maintenance of a gatehouse and a central security signal receiving
systems and other security arrangements or devices (if any).
(cs) Water, waste removal, if any, operating expenses, electricity,
telephone and other necessary utility services for the Common Areas.
(d) Comprehensive public liability and property damage insurance in
such limits as the Association shall deem desirable, insuring the Association
itself, its manager, if any, agents and employees, including the Directors
personally, the Developer and the Owners, its agents and employees, from any
liability in connection with the Common Areas or the streets, retention ponds,
sidewalks and public spaces adjoining the Common Areas. Such insurance
coverage shall also cover cross liability claims of one insured against another. The
insurance coverage provided for Developer, its agents and employees, shall
continue in force and effect only until the time of the transfer by Developer to the
Association of all of the rights, powers and obligations of Developer, and said
coverage may then be canceled.
(e) Workmen's compensation insurance as may be necessary to
comply with applicable laws and such other forms of insurance as the Association
in its judgment shall elect to effect.
(f) General real estate taxes, assessments or other charges of
governmental bodies against the Common Areas (hereinafter referred to as
"taxes").
(g) The services of any person or firm employed by the Association.
The Association may employ the service of any person or firm to act on behalf of
the Owners in connection with real estate taxes and special assessments, and in
connection with any other matter where the respective interests of the Owners are
deemed by the Association to be similar and non -adverse to each other. -
(h) Landscaping, gardening, snow removal, painting, cleaning, tuck
pointing, maintenance, decorating, repair and replacement in the Common Areas,
and acquisition of such furnishing and equipment for the Common Areas as the
Association shall determine are necessary and proper, and the Association shall
have the exclusive right and duty to acquire the same for the Common Areas,
including, but not limited to, the bikepath/multi-use path.
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(i) In respect of Homesites, (i) maintenance of landscaping initially
done by Developer and landscaping done by Owner on his Iomesite for which
Association has in writing accepted responsibility, (ii) snow removal from
driveways, (iii) maintenance and repair of exterior of residences, including, but
not limited to, the roof, exterior walls, soffits, trim, and chimney.
0) Maintenance and repair of Homesite walks and driveways in
behalf of the Developer, but each Owner shall be separately assessed by the
Association for the separate expense thereof allocable to a Homesite. Such
assessments shall be governed by the provisions set forth in Article Twelve
relating to assessments generally, except that the statement covering the cost of
walk and driveway maintenance and repair shall be paid promptly upon
presentation to the Owner for whom the work was done.
(k) Any other materials, supplies, equipment, labor, services,
maintenance, repairs, structural alterations or assessments, tax or otherwise,
which the Association is required to secure, or pay for pursuant to the terms of
this Declaration or the By -Laws or which, in its opinion, shall be necessary or
proper for the maintenance and operation of the Common Areas or for the
implementation of this Declaration.
(1) Any amount necessary to pay for or discharge any mechanic's lien
or other encumbrance levied against the entire Common Areas or any part thereof
which may, in the opinion of the Association, constitute a lien against the
Common Areas, rather than merely against the interests therein of particular
Developer.
(m) All funds collected hereunder shall be held and expended for the
purposes designated herein.
10.2 Alterations and Improvements of Common Areas. The Association
shall have the right to make or cause to be made alterations and improvements to the
Common Areas. The costs of such alterations and improvements shall be assessed as
Community Expenses in the manner hereinafter set forth.
10.3 Failure of Association Maintain Common Area Improvements. The
Association shall perform all maintenance, repairs and replacements of facilities in the
Common Areas. Neither the Association nor Developer shall conduct any activities,
which would adversely affect the functioning of the Common Areas. In the event the
Association or Developer (i) shall fail or refuse to maintain the Common Areas in a good
state of repair (ii) or shall fail or refuse to maintain the Common Areas in compliance
with all applicable ordinances and codes of the Village of Elk Grove, the Village shall
notify the Association by mail of the remedial work to be done. If the Association or the
Developer shall not have accomplished the remedial work within sixty (60) days of the
date of such mailing, then the Village shall have the right, but not the duty, to go onto the
Common Areas and perform the necessary remedial work relative to functioning,
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maintenance and repair of said Common Areas, charging the Association the cost of
remedial work done by it. If the Association shall fail or refuse to pay such cost, the
Village shall have the right to record a lien against the lots comprising the Maison du Val
Townhomes Subdivision and shall be entitled to interest from the Developer of the said
lots from the date of recording of the lien at the maximum rate of interest per annum
allowable by law on the balance remaining from time -to -time unpaid. The failure of the
Village to notify the Association or perform the remedial work as hereinabove provided
shall not be deemed a waiver of its right to perform such remedial work pursuant to
notice at other times nor as to such other rights the Village may have hereunder.
10.4 Books and Records. The Association, through its Members, shall keep
complete and correct books of account of the receipts and expenditures relating to the
Common Areas, specifying and itemizing the maintenance and repair expenses of the
Common Areas and any other expenses incurred. Such records and vouchers authorizing
the payments shall be available for inspection by any Owner or any representative of an
Owner duly authorized in writing, at such reasonable time or at times during normal
business hours as may be requested by the Owner. Upon ten days' notice to the
Association and payment of a reasonable fee, any Owner shall be furnished a statement
of his account setting forth the amount of any unpaid assessment or other charges due and
owing from such Owner for Community and/or Residence Expenses.
10.5 Employment of Professional Management. The administrative duties of
the Board may be performed by a Manager (which may be a professional management
firm) employed by the Association, and the Association has the right to pay reasonable
compensation to a Manager so employed. The Developer has the right, but not the
obligation, on behalf of the Owners, to engage the initial Manager and to enter into a
contract with said Manager expiring not later than one year after the completion of the
development of Maison du Val Townhomes.
1.0.6 Execution of Agreements, Contracts, etc. All agreements, contracts,
deeds, leases, vouchers for payment of expenditures, and other instruments shall be
signed by the authorized officers of the Board, its Manager, or by such other persons and
in such manner, as from time to time may be determined by the Association.
10.7 INTENTIONALLY OMITTED.
10.8 No Business Activity. Nothing in the Declaration shall be construed to
give the Association authority to conduct a business for profit on the Common Areas or
any part hereof.
10.9 Non -Liability of the Board. The Board and Developer shall not be
personally liable to the Owners or to any others for any mistake in judgment or for any
acts or omissions made in good faith. The Owners shall indemnify and hold harmless
each member of the Board and the Developer against all contractual liability to others
arising out of contracts made by the Board or the Developer on behalf of the Owners
unless any such contract shall have been made in bad faith or in violation of the
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provisions of this Declaration. The liability of the Developer based upon a contract made
by the Board or by Developer, or based upon Owners' agreement to indemnify and hold
harmless, shall be several, and not joint, and no Owner shall be liable for more than his
equal proportionate share of any such contract or indemnity liability. Every agreement
made by the Board or Developer shall provide that the Board or the Developer, as the
case `may' be, are acting only as agents for and on behalf of the Owners and shall have
no personal liability thereunder (except as Developer), and that each Owner's liability
thereunder shall be several, and not joint, and shall not exceed the Owner's equal
proportionate share of such contract liability. The indemnity herein provided for shall
extend to and be operative in favor of the Manager and all other agents and employees of
the Association and the Developer.
10.10 Delegation of Power. The maintenance, repair, improvement,
management and operation of the Common Areas shall be the responsibility of the
Association, but the Association has the right to delegate to the Manager or others such
authority and duties as may be granted and imposed upon the Board by this Declaration.
10.11 Funds and Titles for the Developer. All funds and all properties acquired
by the Association, and the proceeds thereof shall belong to the Owners and shall beheld
for the benefit of the Owners subject to this Declaration for the purposes herein stated.
ARTICLE ELEVEN
Conveyance of Title by :Developer to Association
11.1 Developer's Rights, Powers and Obligations Prior to Transfer to
Association. Until 75% of the Homesites shall have been sold and development of
Maison du Val Townhomes has been completed by Developer, all of the rights, powers
and obligations which by this Declaration are to be vested in the Association shall be
deemed vested in and possessed by Developer.
11.2 Transfer of Rights, Powers and Obligations by Developer to
Association. When Developer has completed 75% of the development of Maison du Val
Townhomes, it shall transfer and assign to the Association all of its rights, powers, and
obligations under this Declaration.
11.3 Transfer of Title to Common Areas to Association.
(a) Until the title in the Common Areas is conveyed to Association,
Developer solely shall hold the fee simple title in the Common Areas, subject to
the right of use by the Developer hereinabove provided for in Article Six.
(b) Concurrently with said transfer by Developer to the Association,
the legal title of Developer in the Common Areas shall be conveyed to the
Association, and thereupon the Association solely shall possess fee simple title in
the Common Areas.
1.6
(c) Concurrently with the transfer of Developer's rights, powers and
obligations to the Association, the exclusive interest of the Developer in the
Common Areas shall cease and terminate.
11.4 Rights and Powers Reserved by Developer. Prior to the Developer's
completion of Maison du Val Townhomes and Developer's transfer of its rights,
powers and obligations to the Association, Developer shall have the right and power to
erect and maintain advertising signs and to use and employ on Maison du Val
Townhomes other sales devices and arrangements, all to be in good taste and consistent
with the quality and character of the development, for the purpose of advertising
Home -sites and Residences in Maison du Val Townhomes. Developer shall have the
further right and _power to maintain, for the aforesaid period, sales, business and
construction offices on the Property, up to four (4) model Residences, and to complete
construction of the buildings and improvements on the Property and development of the
entire Maison du Val TwAmhomes. The construction of buildings and improvements by
Developer in accordance with this Article shall be deemed fully authorized and
empowered until development of Maison du Val Towmhomes has been completed and
Developer has transferred and assigned all its rights, powers and obligations to the
Association. Developer shall be exempt from the payment of all assessments due under
Article Twelve of this Declaration during the period Residences are used by Developer
as model Residences or during the period any Residence owned by the Developer
remains unsold and unoccupied.
11.5 Developer's Successors and Assigns. Developer's successors and
assigns shall have, without limitation, qualification or exception, all the rights, powers
and authority of Developer itself.
11.6 Common Areas Improvements: Developer's Warranty. Developer
warrants all improvements constructed by Developer in the Common Areas to be free
from defects in workmanship and materials. Said warranty shall be effective for twelve
months from the date as of which the improvement is ready for use or occupancy. During
said twelve-month warranty period, all repairs required by reason of defects in
workmanship or materials shall be made by Developer at its own expense, without charge
to the Owners. After the expiration of the warranty period, all repair expense on Common
Areas improvements shall be borne by Owners.
ARTICLE TWELVE
Assessments
12.1 Assessments for Taxes and Maintenance Prior to Transfer to
Association. All taxes, expenses for maintenance and operation of the Common Areas
and for the services hereinabove specified, performed upon Homesite, shall be paid by
assessments upon the Owners. Until Developer transfers its rights, powers and
obligations to the Association, assessments for maintenance and operation shall be levied
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by Developer on a quarterly basis and paid by the Owners. The assessment for
maintenance and operation shall be subject to periodic adjustment, upward or downward,
each such adjustment to be based upon the estimate then made by Developer of the
expense of managing and operating the Common Areas during the period for which the
estimate has been made. The term "maintenance and operation" of the Common Areas
includes, but without limitation, all of the matters set forth in Article Ten in respect of
which the Association (and Developer prior to transfer to the Association) are stated to
have rights, powers, and obligations.
12.2 Transfer by Developer of Maintenance Reserves. When Developer is
preparing to transfer its rights, powers, and obligations to the Association, Developer
will, as soon as practicable, deliver to the Association a statement prepared the Developer
showing the amount by which aggregate assessments received by Developer from the
Owners exceeded, or are less than, the aggregate expense of maintaining and operating
the Common Areas up to date of the transfer. If the statement shows a surplus, Developer
shall within thirty days of receipt of the statement pay that surplus to the Association. If
the statement shows a deficiency, then Association will pay the amount of that deficiency
to the Developer. After the date of the transfer and assignment to the Association of
Developer's rights, powers and obligations, Developer shall have no further liability or
obligation in respect of any costs or expenses of the Common Areas. Thereafter, all
assessments for taxes, maintenance and operations shall be made as provided for in the
following sections of this Article Twelve.
12.3 Estimate and Assessment of Maintenance Costs by Association. After
Developer has transferred its rights, powers, and obligations to the Association, payment
by Developer for maintenance and operating expenses shall continue to be paid quarterly
in the same amount as prior to the transfer, until the Developer are notified by the
Association of a change in the amount of the assessments.
(a) As soon as practicable after the aforesaid transfer by Developer to
Association, the Association shall prepare an estimate of the taxes, maintenance
and operating expenses for the Association's initial fiscal year, beginning on the
first day of the calendar month which immediately follows the expiration of a
period not less than thirty days from the date or the preparation of the estimate by
the Association.
(b) After the Association has approved the said estimate, the
Developer shall be promptly given written notice of said estimate, with reasonable
supporting data, and a statement of the quarterly payment for taxes, maintenance
and operating expenses to be made by each Owner on the first day of each quarter
of said initial fiscal year, and each Owner shall thereupon make payments in
accordance with said statement.
(c) Thereafter, not less than thirty days prior to the beginning of each
fiscal year after the initial fiscal year, the Association shall prepare and approve
an estimate of taxes, maintenance and operating expenses for the coming fiscal
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year, with reasonable supporting data, and the Association shall promptly give
each Owner written notice of said estimate, and a statement of the quarterly
payment of taxes, maintenance and operating expenses to be made by each Owner
on the first day of each quarter of the fiscal year for which the estimate was made,
and each Owner shall thereafter make payments in accordance with said
statement.
(d) Within ninety days after the beginning of each fiscal year after the
initial fiscal year, the Association shall prepare an itemized accounting of taxes,
maintenance and operating expenses actually incurred and paid for the preceding
fiscal year, together with a tabulation of the amounts collected pursuant to
assessment of the Owners, and showing the net amount over or under the actual
expenditures, plus reserves; provided, that in the fiscal year which immediately
follows the initial fiscal year, the aforesaid data to be delivered to the Association
shall cover the fiscal period from the date of the transfer by Developer to the
Association, to the end of said initial fiscal year. Any amount accumulated in
excess of the amount, required for actual expenses and reserves may be placed in
a special reserve to apply against cash requirements for the following year and
any net shortage may be assessed equally among the Owners.
12.4 Reserves for contingencies. The Association may build up and maintain
reasonable reserves for contingencies and replacements. Extraordinary expenditures not
originally included in the annual estimate, which may become necessary during the year,
shall be charged first against such reserves. If the estimated cash reserve is inadequate for
any reason, including nonpayment of any assessment, the Board has the right to levy an
additional assessment to cure the deficiency. The Association shall serve notice of such
additional assessment on the Owners by a statement in writing giving the amount and
reason therefore, and such additional assessment shall be paid as directed by the
Association. Each Owner, jointly and severally, shall be personally liable for and
obligated to pay his respective adjusted monthly assessment. -
12.5 Failure of Association to Serve Estimate. The failure or delay of the
Association to approve or distribute the annual estimate or the adjusted estimate shall in
no way constitute a waiver or release in any respect or in any degree of the obligation of
each Owner to pay the maintenance assessments herein provided for, whenever the same
shall be determined, and if timely distribution of an estimate is not made by the
Association, the Developer shall continue to pay the then existing monthly assessment,
until the new or adjusted estimate shall have been distributed by the Association.
12.5 . Assessment Roll. The assessments against the Owners shall be set forth
upon a roll which shall be available for inspection on request at all reasonable times by
the Developer or their duly authorized agent. Said assessment roll shall show all
assessments made and their purposes, and shall show further the amounts of all
assessments paid and all assessments unpaid.
123 Owner and Grantee: Liability and Assessments. Each Owner and his
grantee shall be jointly and severally liable for all unpaid assessments due and payable at
W1
the time of conveyance but without prejudice to the rights, if any, of a grantee to recover
from the grantor the amounts paid by the grantee in respect of such assessments. A
waiver of the use or enjoyment of the Common Areas shall not avoid such liability, by a
claim of nonuse, or by abandonment or surrender of the Homesite in respect of which
liability for the assessment was made.
12.8 Allocation of Assessment Liability Among Owners. , Except as
specifically provided for hereunder to the contrary, all taxes and expenses in connection
with maintenance, improvement, management and operation of the Homesites or
Common Areas, herein sometimes referred to as "Maintenance Expense'', shall be borne
in equal shares by all the Owners. Each Owner agrees to become liable for and to pay all
assessments herein provided for.
12.9 Lien for Assessments.
(a) If an Owner fails to pay an assessment or portion thereof for which
he is liable, then the Association shall have a lien, effective as of the date on
which payment was due, on such Owner's Homesite for the purpose of securing
the obligation of the Owner in respect of said unpaid assessment or portion
thereof; provided, the lien hereby created in favor of the Association shall be
subject and subordinate to the lien of any mortgage or trust deed on such
Homesite made by a bank or insurance company or savings and loan association
or other lender, except in respect of assessments on the mortgaged Homesite
which becomes due and payable subsequent to the date on which the mortgagee,
after default, takes possession of the Homesitc, or accepts a conveyance of the
Owner's interest therein or has a receiver appointed in proceedings to foreclose
the mortgage lien, and in respect of assessments subsequent to the mortgagee's
possession or acceptance of a conveyance, or appointment of a receiver, the lien
of the Association shall have priority over the defaulted mortgage.
(b) In addition to the lien for unpaid assessments or any portion
thereof in favor of the Association, provided for herein, the Association shall have
a lien on all tangible personal property located in, on or about the Homesite,
except that such Association's lien shall be subject and subordinate to prior bona
fide liens of record.
12.10 Payment of Assessments: Interest. Assessments and installments
thereof paid on or before ten days after their due date shall not bear interest, but all sums
not paid on or before twenty days after the date when due shall, when so directed by the
Association, bear interest at a rate determined from time to time by the Board but not
higher than the highest legal rate payable by individuals in Illinois, from the date when
due until date of payment. All payments on account shall be applied first to interest and
next to the principal of the assessment, which was first due and owing.
12.11 Rights of Association on Default. If an Owner is in default in the
monthly payment of the aforesaid assessments or expenses for thirty days or more, the
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Association may bring suit to foreclose the lien in favor of the Association hereinabove
provided for, or may bring suit to enforce collection of the unpaid assessment, and for the
recovery of all costs, fees and expenses incurred by reason of said default, including, but
not limited to, interest as hereinabove provided and reasonable attorneys' fees in. an
amount to be fixed by the court. The lien hereby created may be foreclosed by an action
brought in the name of the Association and shall be maintained as in the case of
foreclosure of any mortgage or other equitable lien against real estate provided; however,
that, as herein provided, a mortgage on a Homesite shall be subject and subordinate to the
lien in favor of the Association hereby provided for, only in respect of assessments on the
mortgaged Homesite which become due and payable subsequent to the date the owner or
holder of said mortgage either takes possession of the Homesite, or has a receiver
appointed in a suit to foreclose the mortgage lien. Any mortgagee of a Homesite has the
right from time to time and upon payment of a reasonable fee to request in writing a
written statement from the Association showing the condition of the assessment account
of the Owner of the mortgaged Homesite, and showing all unpaid items in respect of
which the Association is given lien rights hereunder.
12.12 Lien Rights of Developer. Until Developer's transfer and assignment of
its rights, powers and obligations to the Association, all of the lien rights and other rights
herein provided for in favor of the Association, shall be possessed by the Developer as
fully and as effectively in every respect without diminution of any kind, as said lien rights
are to be possessed by the Association itself.
12.13 Contribution to Reserve -Initial Purchasers. Fach purchaser of a
Townhome shall pay an amount equal to $750 to the Association to create an initial
reserve.
12.14 Initial Assessment Paid Quarterly. The initial Assessments, until
changed by either the Deveoper or the Association, shall be $250 due at the beginning of
each calender quarter, regardless of the date of a Townhome's acquisition.
ARTICLE THIRTEEN
Insurance
13.1 Insurance Coverage. The Association shall obtain insurance in respect of
Maison du Val Townhomes pursuant to this Article Thirteen..
(a) The Association shall obtain comprehensive general liability
insurance for bodily injury, property damage, and personal injury at limits
no less than a combined single limit of $1,000,000, covering ownership,
maintenance, or use of the Common Areas, the I3omesites and other areas
within or outside Maison du Val Townhomes necessary and incidental
thereto.
(b) Such workmen's compensation insurance as is required by law and
employer's liability insurance as the Association shall deem desirable.
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(c) Such other insurance in such reasonable amounts as the
Association shall deem necessary.
13.2 Premiums as Community Expenses. The premiums for the above -
described insurance shall be included in the expenses of maintaining the Common Areas
and shall be paid by the Association.
13.3 Policies.
(a) All insurance, provided for in this Article shall be effected under
valid and enforceable policies issued by insurers of recognized responsibility
authorized to do business in the State of Illinois.
(b) All policies of insurance of the character described in paragraphs
(a), (b) and (c) of Section 13.1 shall name as insureds the Maison du Val
Townhomes Homeowners' Association and its Board, the managing agent, if any,
and other agents, and until the rights, powers and obligations of Developer are
transferred to the Developer, the policies shall also name as insured the
Developer, its affiliates, and the agents and employees of the said insured parties.
13.4 Losses. The loss, if any, under any policies of insurance described in
Section 13.1 shall be adjusted with the insurance company or companies by the
Association. The insurance proceeds received by the Association less the actual cost, fees
and expenses, if any, incurred in connection with the adjustment of the loss, shall be
applied to the payment of the cost of restoring the Common Areas and the
improvements thereon to substantially the same condition in which it existed immediately
prior to such damage or destruction, free from Vendor's, mechanic's, materialman's and
other similar liens.
13.5 Individual Owner's Insurance on Homesite. Each owner of a Homesite
in Maison du Val Townhomes shall be responsible for his own insurance on his personal
liability covering his Homesite. The Association has no obligation or responsibility to
insure the Owners of Homesites for their liability arising out of the Ownership,
maintenance, or use of the Homesites. Each Owner shall carry all-risk physical damage
insurance covering the improvements on his Homesite, and shall at all times have on
deposit with the Association, certificates of insurance showing that policies providing
coverage for not less than the full insurable replacement value, are in force and effect. If
improvements are damaged or largely destroyed by fire or other casualty, each Owner
shall restore the improvements damaged or largely destroyed within a reasonable period,
the Board may restore the improvements and assess the Owner for the cost of said
restoration which assessment shall be paid as provided hereunder.
13.6 Uninsured Property or Insufficient Insurance. In the event the
Common Areas is not insured against the peril causing the loss or damage, or the
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insurance proceeds are not sufficient to pay the costs of repair, restoration or
reconstruction, and the Association on behalf of the Owners does not voluntarily make
provisions for repair or reconstruction of the improvements within 180 days' after said
damage or destruction, then the owners shall determine the action to be taken with
respect to the Common Areas or the improvements, at a special meeting of the Owners
called for the purpose of considering such action.
ARTICLE FOURTEEN
Sala Luse or Other Transfer of Homesite
14.1 Right of Developer to Transfer Free of Association's Option.
(a) The Options given the Association by this Article Fourteen to
acquire a Homesite shall not apply to any sale, lease, gift, devise or other transfer
by Developer, or by an Owner of a Homesite, to a co -Owner of such Homesite, or
to the spouse or child or children of an Owner, or to any Developer of a trust of
which the sole beneficiary or beneficiaries is or are the Owner, the spouse or
children of the Owner, or any one or more of them.
(b) Each Section of this Article Fourteen is expressly made subject and
subordinate to the right of each Owner (and of Developer) to transfer his
Homesite to a party specified in Section 14.1(a), free of the options given
Association by this Article Fourteen.
14.2 , Sale or Lease of Homesite. Any Owner, other than Developer, who
wishes to sell or lease his Homesite (or any lessee of any Homesite wishing to assign his
lease or sublease such Homesite) shall give the Association not less than thirty days'
prior written notice of the terms of any proposed sale, lease, assignment, or sublease,
together with the name, address and financial and character references of the proposed
purchaser, lessee, assignee or sublessee, and such other information concerning the
proposed purchaser, lessee, assignee or sublessee as the Association may reasonably
require. The Association, acting in behalf of all Owners (other than the prospective seller
or lessor), shall at all times have a first right and option to purchase or lease, such
Homesite upon the same terms, said option to be exercisable by the Association within
thirty days of the date of the receipt of notice and information by the Association. No
sale, assignment of lease, or sublease of such Homesite, shall be consummated prior to
the expiration of said thirty -day period without Association's written consent, and if a
sale, assignment or sublease is consummated prior to the expiration of said thirty -day
period without Association's written consent, and if a sale, assignment or sublease is
consummated in violation of this provision then, at the option of the Association, the
consummated transaction shall be deemed void and wholly inoperative. if the Association
does not exercise its option within said thirty -day period, the Owner or lessee shall have
the right to sell, assign the lease, or sublease the Homesite, strictly in accordance with the
terms and conditions of the notice given to the Association. This Section 14.2 is expressly
made subject and subordinate to the right of each Owner (and of Developer) to transfer
23
his Homesite to a party specified in Section 14.1(a), free of the options given Association
by this Article Fourteen.
14.3 . Gift of Homesite. Any Owner other than Developer who desires to make a
gift of his Homesite, or any interest therein, shall give the Association not less than thirty
days' prior written notice of such Owner's intention prior to the proposed date of the gift,
together with the name, address and financial and character references of the proposed
donee and such other information concerning the proposed done, as the Association may
reasonably require. The Association, acting in behalf of all Owners (other than the
prospective donor), shall at all times have a first right and option to purchase such
Homesite or interest therein for its fair market value, to be determined by appraisal as
hereinafter provided, which option shall be exercisable by the Association until the
expiration of the option period hereinafter provided for. If the Association desires to
exercise its option, then within fifteen days after receipt by the Association of a written
notice of a desire to make a gift, the Owner desiring to make such gift and the
Association shall each appoint an expert real estate appraiser to act as appraisers. The two
appraisers so appointed shall themselves, within ten days after their appointment, appoint
another expert real estate appraiser to act as a third appraiser. Within fifteen days after
appointment of said third appraiser, the three appraisers shall determine, by majority
vote, the fair market value of the Homesite or interest therein, of which the Owner desires
to make a gift. The appraisers shall thereupon give prompt written notice of their
determination as to fair market value of the Homesite or the interest therein which has
been appraised, and said determination shall be deemed final and conclusive and binding
on all parties. If either party fails to appoint an appraiser, then the appraiser appointed by
the other party shall make the appraisal alone. The Association shall have an option to
purchase the Homesite, or the interest therein of which a gift was to be made, for a period
of fifteen days after the date of the receipt by the Association of the aforesaid
determination of fair market value. This Section 14.3 is expressly made subject and
subordinate to the right of each'Owner (and of Developer) to transfer his Homesite to a
party specified in Section 14.1(a), free of the options given Association by this Article
Fourteen.
14.4 Death of Owner. If an Owner dies, the Association shall, have an option
to purchase the decedent's Homesite, or his interest therein, from the estate of the
decedent. The option price shall be the fair cash market value of the Homesite, or the
decedent's interest therein, said fair market value to be determined by appraisal as
hereinafter provided. Within thirty days after the Association is notified of the
appointment of a personal representative for the estate of the deceased Owner, if the
Association desires to exercise its options, the Association shall appoint a qualified real
estate appraiser to act as an appraiser, and shall thereupon give written notice of such
appointment, to the personal representative of the decedent. Within fifteen days
thereafter, said personal representative shall also appoint a qualified real estate appraiser,
and the two appraisers so appointed shall promptly appoint a third .qualified real estate
appraiser. Within fifteen days thereafter, the three appraisers shall determine by majority
vote the fair market value of the Homesite, or the decedent's interest therein, and they
shall thereupon give written notice of their determination to the Association and to the
24
personal representative of the decedent. If either party fails to appoint an appraiser, then
the appraiser appointed by the other party shall alone make the appraisal. The
Association's right to purchase the Homesite, or the interest therein, of a deceased Owner
shall expire thirty days after the Association receives notice of the determination of fair
value made by the appraisers. The Association shall be deemed to have appropriately
exercised its right to purchase if the required price is tendered to the said personal
representative within the period hereinabove prescribed, provided, that a deed conveying
good title is tendered to the Association concurrently with the tender of the price by
Association, and that the title, being conveyed is supported by a title guaranty policy in
the amount of the sale price, This Section 14.4 is expressly made, subject and subordinate
to the right of each Owner (and of Developer) to transfer his Homesite to a party
specified in Section 14.1(a), free of the options given Association by this Article
Fourteen.
14.5 Involuntary Sale of Homesite.
(a) If any Homesite is sold at a judicial or execution sale (other than a
mortgage foreclosure sale) the purchaser at such sale, before taking possession of
the Homesite, shall give not less than thirty days' written notice to the
Association of his intention to take possession in pursuance of his purchase. The
Association shall thereupon have an option to purchase the Homesite for the
price at which the Homesite was sold at said sale to said purchaser. If the
Association elects to exercise their option to purchase, they shall tender the
required sum to said purchaser of the Homesite within said thirty -day period, and
if they fail to do so, the purchaser shall then be entitled to take possession of the
Homesite free and clear of the option provided for in this section.
(b) If the mortgage on a Homesite of a bank, savings and loan
association, insurance company or other lender is foreclosed, the mortgagee shall
have the right to acquire the mortgaged Homesite at its foreclosure sale, either in
its own name or in the name of a nominee. If, however, at any time after such an
acquisition, the mortgagee sells the Homesite it has acquired through its
foreclosure, then the purchaser from the mortgagee, before taking possession of
the Homesite, shall give, not less then thirty days' written notice to the
Association of his intention to take possession of the Homesite in pursuance of
his purchase. The Association shall thereupon have an option to purchase the
Iomesite for the price at which the Homesite was sold at said sale to said
purchaser. If the Association elects to exercise its option to purchase, it shall
tender the required sum to said purchaser of the Homesite within said thirty -day
period, and if they fail to do so, the purchaser shall then be entitled to take
possession of the Homesite free and clear of the option provided for in this
subsection.
14.6 Consent of Owners to Exercise of Option by Association. The
Association shall not exercise any Option to purchase a Homesite without the prior
written consent of two-thirds of the Owners. The Owners, in authorizing the
Association's purchase of a Homesite pursuant to option given by the preceding sections,
25
shall specify the maximum price which the Association is authorized to pay for the
purchase to be made, and the Association shall not offer more for any Homesite than the
maximum fixed by the Owners. The power of the Association to purchase a Homesite
pursuant to this Article Fourteen includes the power to purchase any interest in said
Homesite.
14.7 Proof of Termination of Option. A certificate executed and
acknowledged by the Association, stating that the provisions of this Article Fourteen
have been fully complied with by an Owner, or duly waived by the Association and that
the rights of the Association have been terminated by such waiver, shall be conclusive
and binding upon the Association and the Owners in favor of all parties who rely on such
certificate in good faith, and such a certificate shall be furnished upon request to any
Owner entitled thereto, upon payment of a reasonable fee.
14.8 Financing of Purchase Linder Option. A Homesite acquired by the
Association pursuant to options given by this Article Fourteen shall be paid for from the
maintenance fund. If the maintenance fund is insufficient to pay the sum required for
acquisition of a Homesite, the Association shall procure the additional sum required by
assessment against the Owners. If an Owner so assessed fails to pay his assessment, the
Association shall have lien rights in respect of such Owner's Homesite and such other
rights in respect of the Owner, as in any other case of a default by Owner. The
Association has the power to finance the acquisition of a Homesite pursuant to this
Article Fourteen by procuring a mortgage or other loan secured by said Homesite, and if
such a loan is procured, the payments in respect of the mortgage and expenses in
connection therewith shall be paid, to the extent necessary, by assessment against the
Developer.
14.9 Title to Acquire Interest. Title to a Homesite acquired pursuant to this
Article Fourteen shall be held in the name of the Association or in the name or names of a
nominee or nominees, but title, however held, shall be for the benefit of the Owners. A
Homesite acquired by the Association pursuant to this Article Fourteen may thereafler be
sold or leased by the Association on whatever terms they deem appropriate. All net
proceeds of a sale or lease of a Homesite acquired by the Association shall be refunded to
the Owners in equal shares.
ARTICLE FIFTEEN
Compliance, liance Breach of Covenants and Default
15.1 Rights and Remedies of Association, Each Owner is bound by and shall
comply with the tenets of this Declaration, the By -Laws, and the Rules and Regulations
adopted pursuant thereto, and by all amendments to them. A failure by an Owner to
comply with this Declaration, or with the By -Laws, and Rules and Regulations of the
Association or any authorized amendment to said Declaration, By -Laws, or Rules and
Regulations shall constitute a Default by such Owner. If a default occurs, the Association
shall have the right to recover damages at law, to procure injunctive relief, to foreclose on
any lien rights the Association may have, or to avail themselves of any other rights or
C
remedies permitted at law or in equity including, but not limited to, filing suit pursuant to
the Forcible Entry and Detainer Act. All expenses of the Association in connection with
any actions or proceedings described herein, including court costs and attorneys' fees and
all other expenses of the proceeding, and all damages, liquidated or otherwise, together
with interest thereon at 18% per annum or such other interest rate as shall be charged by
the Board pursuant to paragraph 12.1.0 herein until paid, shall be charged to and assessed
against such defaulting Owner, and shall be added to and deemed part of his respective
share of the annual expenses and the Association shall have a lien for all of the same, as
well as for non-payment of his respective share of the annual expenses upon the
Homesite of such defaulting Owner and upon all of his additions and improvements
thereto and upon all of his personal property located on his Homesite or elsewhere on the
Property. The rights and remedies of the Association shall be cumulative and shall be
enforceable concurrently in a single proceeding. By virtue of the provision of this
Declaration which gives Developer all rights and powers of the Association prior to
completion of the development of Maison du Val Townhomes and conveyance of
Developer's rights to the Association, Developer has every right and power and every
right and remedy which the Association is given by this Article.
15.2 Liability of Developer for Negligence. Each Owner shall be liable for
any damage caused by his act or negligence, or by the act or negligence of any party
whose right to be upon the Common Areas is derived from such Owner, but only to the
extent that such damage is not covered by insurance carried by the Association. Nothing
herein contained, however, shall be construed so as to modify any waiver by an insurance
company of rights of subrogation.
15.3 Recovery of Suit Expense. In any proceeding commenced by the
Association, based upon or arising out of an alleged Default by an Owner, the prevailing
party, whether Association or Owner, shall be entitled to recover all expense of the
proceeding, including reasonable attorneys` fees, but the amount to be allowed the
prevailing party shall be determined by the court.
ARTICLE SIXTEEN
Homesites: Title in Land Trustee
16.1 Homesites: Title Held by Land Trustee. If title to any Homesite is
conveyed to a Land Trustee, under the terms of which all powers of management,
operation and control, of the premises are vested in the trust beneficiary or beneficiaries,
then the parties who are the beneficiaries from time to time under such land trust shall be
deemed the Owner of such Homesite and shall have all the rights and obligations of the
Owners hereunder. The Owner holding title under such a land trust shall have no personal
liability for payment of any obligation or lien created by or arising under this Declaration
and no party shall have the right to claim personal liability on the part of any such Land
Owners for any liability or obligation of any kind arising under this Declaration.
Beneficiaries of a Land Owner who transfer their beneficial interest by assignment, or
who cause their Owner to transfer Homesite by Trustee's deed, shall continue to be liable
27
for all liabilities and obligations incurred by them prior to the disposition of their
Homesite.
ARTICLE SEVENTEEN
Amendment and Termination of Declaration
17.1 Who May Amend. This Declaration may be amended by the Developer,
or by the Association, or by the Owners, in the manner provided for in this Article
Seventeen. Amendment other than in accordance with this Article is not permissible.
17.2 Amendment Prior to Sale of Homesite. Prior to the sale of any
Homesite, Developer itself has the right to amend or to tenninate this Declaration at any
time or in any manner. If Developer elects to terminate this Declaration, Developer may
evidence its election by recordation of an appropriate statement of termination with the
Recorder of Deeds of Cook County, Illinois, and upon such recordation, the entire title in
Maison du Val Townhomes shall stand in the Developer free and clear of this
Declaration.
17.3 Amendment After Sale of Homesite. After one or more Homesites has
been sold, but prior to Developer's completion of the development of Maison du Val
Townhomes and prior to Developer's transfer of its rights, powers and obligations to the
Association, Developer itself acting without concurrence of any other party has the right
to amend this Declaration as often as Developer deems necessary, but no such
amendment shall unfairly or unreasonably affect any rights of the Owners.
17.4 Amendment After Transfer of Association. After completion of Maison
du Val Townhomes by Developer and the election of the first Board (after the Transfer of
the Association), this Declaration may be amended by a two-thirds vote of the Board,
together with the concurrence of Developer so long as Developer has any unsold
Homesite, but such amendment shall not unfairly or unreasonably affect the rights of the
Developer.
17.5 Amendment After All Homesites Have Been Sold. After development
of Maison du Val Townhomes has been completed and all Homesites therein sold by
Developer, and a first Board has been elected, this Declaration may be amended by a vote
of no less than 24 of the 32 Owners, but such amendment shall not unfairly or
unreasonably affect the rights of an Owner.
17.6 Termination of Declaration. After one or more Homesites have been
sold, this Declaration may be terminated only with the joint consent of:
(a) The Developer, if the Developer has any unsold Homesites. If
Developer has sold all its Homesites, consent of Developer shall not be required;
(b) If a Board of Directors has been elected, then the consent of the
28
Board, supported by a two-thirds vote of the Directors;
(c) The Owners of 75% of the Homesites;
(d) All mortgagees of Homesites.
Concurrence of all the foregoing shall be required in order to effect a valid termination of
this Declaration.
17.7 Procedure on Amendment or Termination,
(a) If this Declaration is to be amended or terminated by the
Developer solely, pursuant to the above provisions of this Article which provide
for amendment or termination by Developer solely, Developer shall evidence said
amendment or termination by due execution of an appropriate written instrument
setting forth the terms of the amendment, or stating that this Declaration is
terminated, as the case may be.
(b) If this Declaration is to be amended after development of Maison
du Val Townhomes has been completed and the rights and powers of Developer
have been transferred and assigned to the Association, then if Developer still has
one or more Homesites which remain unsold, the amendment shall be effected by
an appropriate written instrument setting forth the terms of the amendment and
duly executed on behalf of the Association and duly executed by the Owners.
(c) If an amendment is to be effected after Developer has completed
the sale of all Homesites in Maison du Val Townhomes, and after the rights and
powers of Developer have been transferred and assigned to the Association, then
the amendment may be evidenced by a written instrument executed in behalf of
Association solely, and no participation by Developer shall be required.
(d) If this Declaration is to be terminated after one or more F-lomesites
have been sold, the termination shall be evidenced by an appropriate written
instrument stating that this Declaration has been terminated. The statement of
termination shall be executed by the President and Secretary of the Association on
behalf of the Association, by 75% of the Owners of the Homesites, and by all
owners of mortgage liens on the Homesites and Common Areas. The President
and Secretary of the Association shall certify, in the statement of termination, that
no less than two-thirds of the Board have voted for termination of this Declaration
and that 75% of the Owners of Homesites have voted for termination.
(e) The instrument effecting an amendment or termination of this
Declaration shall be recorded promptly after execution in the office of the
Recorder of Deeds of Coop County, Illinois, and the amendment or termination
provided for therein shall become effective and operative upon recordation.
29
17.8 Notices With Respect to Amendment or Termination. All parties who
have the right to participate in a vote relating to amendment or termination of this
Declaration shall have the right to initiate proceedings for amendment or termination of
this Declaration. Any such party desiring to initiate proceedings for amendment or,
termination, shall give at least ten days' prior written notice of the meeting at which
amendment or termination is to be considered. If Developer solely amends this
Declaration, in pursuance of the foregoing provisions providing for amendment by
Developer solely, then within fifteen days after adoption of the amendment, notice of the
amendment shall be given by Developer to all Owners, and each Owner, promptly upon
receipt of such notice, shall give notice of the amendment to the mortgagee of his
Homesite.
ARTICLE EIGHTEEN
General Provisions
18.1 Notices -- In General.
(a) Notices given pursuant to this Declaration or in connection therewith shall
be written, and shall be delivered in person or by mail. Notices of default, or
formal demands by any party hereunder to any other parry shall be sent by
certified or registered mail, with request of return receipt. Notices shall be
deemed delivered on the date personal delivery is made or on the date of mailing.
Notices to an Owner may be given to the Owner at his Homesite, unless the
Owner has informed the Board of Directors of some other mailing address.
Notice to the Association may be given to the Association at an address selected
by the Board of Directors from time to time, or to the Homesite of the President
of the Board of Directors. Until development of Maison du Val Townhomes is
completed and Developer has transferred and assigned all its rights, powers and
obligations to the Association, all notices, which the Association would be
entitled to receive, shall be given to Developer. Notices in respect of meetings or
special meetings of the Board or of the Developer shall be given in accordance
with the provisions of the Declaration or of the By -Laws to be adopted by the
Board.
(b) Notice to the personal representative of a deceased Owner shall be
sent to the address furnished by such personal representative to the Association,
and if the personal. representative furnishes no address, then notice to a deceased
Owner shall be given to decedent by writing directed to the Owner at such
Owner's Homesite.
(c) Notices -- To Mortgagees. Upon request of the mortgagee of any
Homesite, and payment of a reasonable charge therefore, the Association shall
give to such mortgagee a copy of every amendment to this Declaration.
18.2 Non -Waiver Except by Written Instrument. No conditions, covenants,
restrictions, reservations, grants or other provisions of this Declaration shall be deemed to
30
have been waived, by silence, or inaction, or failure to enforce rights or by any other
m
matters whatsoever, other than a writing executed by the party against whothe waiver
is asserted, which expressly states that a specified right or remedy is being waived. No
waiver shall be deemed to have been effected by the failure to enforce rights or remedies
of which a party is possessed, regardless of the number of breaches or violations of said
rights, which have occurred.
18.3 Liberal Interpretation. This Declaration shall be liberally construed so
as to facilitate and promote the objectives of this Declaration hereinabove set forth.
Narrow, technical, and literal construction of this instrument inconsistent with the
objectives of the Developer, the Association and the Owners shall be avoided.
18.4 INTENTIONALLY OMITTED
18.5 Partial Invalidity—Severability. The invalidity of any of the conditions,
covenants, restrictions or reservations herein contained, or of any other provision of
whatever nature of this Declaration shall not in any way impair or affect: the validity or
enforceability of any ether provision of this Declaration, and any such invalidity shall be
deemed partial and separable, and all of this Declaration shall be deemed valid, effective
and binding except for the invalid provision.
1.8.6 Gender, Usage of Singular and Plural Forms, and Other Usage.
Whenever the context so rewires, use of the plural form shall include the singular, use of
the singular form shall include the plural or any gender shall be deemed to include all
genders. Prior to completion of development of Maison du Val Townhomes and to
Developer's transfer of its rights, powers and obligations to the Association or Owners,
all references to the rights, powers and obligations of the Association or the Board shall
be read as references to the rights, powers and obligations of Developer. The term "sale"
means a sale consummated by delivery of a deed to a Homesite.
18.7 Captions. Captions used in this Declaration are inserted solely as a matter
of convenience and shall not be relied upon or used in construing the text thereof.
18.8 Reliance on Association's Certification. A certification or statement that a
described act has been authorized, or in particular, that execution and delivery of a
described instrument has been authorized, signed by the President of the Board and
attested by a Secretary of the Board, shall sufficiently establish for all purposes that the
described act or instrument is the act or instrument of the Board and has been duly
authorized by the Board, and the said described act or instrument may be relied upon by
all parties.
18.9 Recordation., Prior to consummation of the sale of the first Homesite in
Maison du Val Townhomes by delivery of a deed to said Homesite, this Declaration shall
be recorded in the office of the Recorder of Deeds of Cook County, Illinois. All
amendments to the Declaration shall also be recorded in said Recorder's Office.
This Declaration is executed by Emerald, Inc., an Illinois corporation, as
31
Developer as aforesaid, in the exercise of the power and authority conferred upon and
vested in it as such Developer (and Emerald, Inc., an Illinois Corporation, hereby
warrants that they possesses fudl power and authority to execute this instrument). It is
expressly understood and agreed by every person, firm or corporation hereafter claiming
any interest under this Declaration that Emerald, Inc., as Developer as aforesaid, and not
personally, has joined in the execution of this Declaration for the sole purpose of
subjecting the title holding interest to the terms of this Declaration; that any and all
obligations, duties, covenants and agreements of every nature herein set forth by
Emerald, Inc., as Developer as aforesaid, to be kept or performed, are intended to be kept,
performed and discharged by the corporation or its successors, and not by Emerald, Inc.
personally; and further, that no duty shall rest upon Emerald, Inc., either personally or as
such Developer, to sequester trust assets, rentals, avails or proceeds of any kind, or
otherwise to see to the fulfillment or discharge of any obligation, express or implied,
arising under the tenets of this Declaration, except where said Developer is acting
pursuant to direction, as provided, and after the Developer has first been supplied. with
funds required for the purpose. In the event of conflict between the terms of this
paragraph and of the remainder of the Declaration on any question or apparent liability or
obligation resting upon said Developer, the exculpatory provision hereof shall be
controlling.
IN WITNESS WHEREOF, the said Emerald, Inc., as Developer as aforesaid and not
individually, has caused this instrument to be executed by its duly authorized agent, all on
the date hereinabove set forth on the first page hereof.
Emerald, Inc., an Illinois Corporation
By:�--
Its:Zcsident
32
State of Illinois
)SS
County of DuPage
1, the undersigned, a Notary Public in and for the County and State aforesaid. Do
I JEREBY CERTIFY, that Gerard Carey, as President of Emerald, Inc., is personally
known to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that he signed and
delivered the said instrument as his free and voluntary act, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this JO day of August, 2020.
MaryPublic
. .. .. . ..........
OFFICIAL SEAL
SHARON A KENNY GRAHAM
0 Y PU8LIC T T L
NOTARY OFFICIAL SEAL
OFILLINMOIS
9
0 L I 01�
My COMMISSIO�S XPIR io
My COMMISSION EXPIRES:07631
E ES 7 3 , 22
33
EXHIBIT A
Legal Description:
PARCEL 1:
THE WEST 420.57 FEET OF THE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE
NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF
THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE WEST 50 FEET TAKEN BY
CONDEMNATION CASE 83LS0482) IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THE EAST 370.57 FEET OF THE WEST 420.57 FEET OF THE SOUTH 80.00 FEET OF THE,
SOUTH 178.00 FEET OF THE NORTH 37.50 ACRES OF THE WEST 75 ACRES OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH,
RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL3:
THE EAST 800 FEET OF THE NORTH 98.00 FEET OF THE SOUTH 178.00 FEET OF THE
NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
THE SOUTH 80.00 FEET OF THE SOUTII 178.00 FEET (EXCEPT THE WEST 420.57 FEET
THEREOF) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF
OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
34
PARCEL 5.
THAT PART OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 41, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
INTERSECTION OF THE WEST LINE AS STAKED AND OCCUPIED OF THE EAST 286.87
FEETOF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SAID SECTION, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED OF
SUNSET MANOR SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED APRIL
10, 1957, AS DOCUMENT NO. 16874058 AND THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, ALSO BEING THE
CENTER LINE OF NERGE ROAD THENCE NORTH 00 DEGREES 09 MINUTES 26
SECONDS EAST A DISTANCE OF 1064.87 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 1602.0 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION, THENCE NORTH 87 DEGREES 31 MINUTES 04 SECONDS EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 149.38 FEET TO A POINT FROM PLACE
OF BEGINNING, THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST A
DISTANCE OF 95.00 FEET TO A POINT, THENCE NORTH 87 DEGREES 31 MINUTES 04
SECONDS EAST A DISTANCE OF 140.00 FEET TO A POINT ON THE EAST LINE OF
THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID
SECTION THENCE SOUTH 00 DEGREES 09 MINUTES 26 SECONDS WEST ALONG
SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 1602.0 FEET OF
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41,
NORTH, .RANGE 10, AFOREMENTIONED, THENCE SOUTH 87 DEGREES 31 MINUTES
04 SECONDS WEST A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING, ALL
IN COOK COUNTY, ILLINOIS.
PARCEL 6:
THAT PART OF LOT 2 IN FIRST AMERICAN BANK SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED BY BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
2; THENCE NORTH 15.90 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE
EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT A DISTANCE OF 147.49 FEET;
THENCE SOUTHEASTERLY A DISTANCE OF 24.71 FEET, MORE OR LESS, TO A POINT
OF SAID SOUTH LINE WHICH IS 167.12 FEET EAST OF THE POINT OF BEGINNING;
THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 167.12 FEET TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PERMANENT INDEX NUMBERS: 07-36-101-117
07-36-101-022
07-36-101-023
07-36-101-024
07-36-101-025
35
DECLARATION
OF COVENANTS AND RESTRICTIONS
THIS DECLARATION is made by Emerald, Inc., an Illinois Corporation
(hereinafter referred to as the "Developer") this 20th day of August, 2020.
RECITALS:
Developer is the holder of record title to the real "property legally described in
Section 2.1 below. Developer is a Developer of single-family homes and Townhomes
throughout the Chicago suburban area and is the Developer and General Contractor of the
subject real property. The real property area which the Developer proposes to develop is
herein referred to as "Maison du Val Townhomes".
Developer intends to develop Maison du Val Townhomes into a community of
"twnhomes", each townhouse being a single-family private residence erected on a
separate Homesite with in an attractively landscaped Cominon Areas. Said towTlhouses
are to be constructed in groups of four to six residences, such that each group constitutes
a continuous structure with party walls dividing the residences within each group.
Developer desires to provide for the preservation of the distinctive quality of
Maison du Val Townhomes and for the maintenance of the Common Areas, including,
but not limited to, private sidewalks, detention area and the road designated as Dakota
Drive and the residences which will be constructed on the Ilomesites. For these purposes,
Developer desires to subject the real property hereinafter described to the conditions,
covenants, restrictions reservations, grants and easements herein set forth (all of which
are hereinafter referred to collectively as the "Covenants and Restrictions").
The Developer has the right and power to assign its interests in this Development.
If Developer assigns its interests in this Development, any Assignee shall be subject to al
the terms of this Declaration.
NOW, THEREFORE, Developer, for the purposes above set forth, hereby declares
as follows;
ARTICLE ONE
Definitions
For brevity and clarity, certain words and terms used in this Declaration are
defined as follows:
1.1 Association: Maison du Val 'Fownhomes Home Owners Association, an
Illinois not -for- profit -corporation, its successors and assigns.
1.2 Board: The Board of Directors of the Association, as constituted at any time
and from time to time, in accordance with the applicable provisions of Section 9.3 hereof.
1.3 By -Laws -.The By -Laws of the Association.
1 A Common Areas: The whole of Maison du Val Townhomes except the
Homesites which are created within Maison du Val Townhomes including the Detention
Area as referenced on the flat of Subdivision of Maison du Val Townhomes.
1.5 Community Expenses: The expenses of administration (including
management, security and professional services), maintenance, operation, repair,
replacement, waste removal, landscaping, and snow removal of the Common Areas; the
cost of additions, alterations, or improvements to the Common Areas; the cost: of
insurance; the cost of any necessary utility expenses for the Common Areas and, if not
separately metered, charged, or designated herein as a Residence Expense, the cost of
water, waste removal and other necessary utility services to the Residences; any expenses
designated as Community Expenses by this Declaration or the By -Laws; and any other
expenses lawfully incurred by the Association for the common benefit of all the Owners.
1.6 Declaration: This instrument as amended or supplemented from time to
time.
1.7 Developer: Emerald, Inc., an Illinois corporation, its successors and
assigns.
1.8 Homesite: Any one of Lots 1 through 32, inclusive, of Maison du. Val
Townhomes, subject to the Covenants and Restrictions, including the Residence to be
constructed thereon.
1.9 Owner: A record owner, whether one or more persons, of fee simple title
to any llomesite upon which a residence has been built, excluding those having an
interest merely as security for the performance of an obligation.
1.10 Party Wail: A wall that is built as part of the original construction and
placed on the boundary line, between Residences.
1.11 Person: A natural individual, corporation, partnership, trustee, or other
legal entity capable of holding title to real property.
1.12 Property: All the land, property, and space comprising Maison du Val
Townhomes as legally described in Section 2.1, all improvements and structures erected,
constructed or contained therein or thereon, including Residences, and all easements,
rights and appurtenances belonging thereto, and all fixtures and equipment intended for
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the mutual, use, benefit or enjoyment of the Owners, hereby or hereafter subjected to the
Covenants and Restrictions.
1.13 Residence: The single-family townhouse constructed on a separate
l-lomesite,
1.14 Residence Expense: Any expense, other than a Community Expense,
incurred by the Board which is to be charged to an Owner. A Residence Expense shall
include, without limitation, the cost of any maintenance, repairs, or replacements or other
services furnished by the Association to a Residence and any expenses which are
specifically designated as Residence Expenses in this Declaration or the By-laws.
1.15 Rules and Regulations: The Rules and Regulations adopted from time to
time by the Board governing Maison du Val Townhomes and the use of Maison du Val
Townhomes by the Developer and by all other persons.
1.16 Townhouse: A single-family residence erected on a separate Ilomesite,
constructed in groups of fbur or six residences separated by party walls.
1.17 Voting Member: The person entitled to membership in the Association
and who shall be entitled to vote at meetings of the Association, as more fully set forth in
Section 9.2 (b).
ARTICLE TWO
Property Subject to Covenants and Restrictions
2.1 Description of Maison du Val Townhomes. The real property to which this
Declaration relates, and which is subject to the Covenants and Restrictions, is the
property which Developer is developing, and said real property is legally described as
follows:
See Attached Exhibit "A"
2.2 Maison du Val Townhomes: Subject to Covenants and Restrictions.
Maison du Val Townhomes is hereby made and declared to be subject to the conditions,
covenants, restrictions, reservations, grants and easements outlined in this Declaration,
and the sale, transfer, mortgage, conveyance, use or occupation of the Homesites and the
Common Areas are and shall at all times hereafter be subject to the Covenants and
Restrictions.
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ARTICLE THREE
General Purpose of Declaration
3.1 Statement of Purpose. The purpose of this Declaration of Covenants and
Restrictions is to insure the use and development of Maison du Val Townhomes is
consistent with the desire and intention of Developer to establish a residential community
of high quality to protect the Owners of the Residences therein against any use of Maison
du Val Townhomes, or any part of Maison du Val Townhomes, in a manner inappropriate
to the fine residential community and incompatible with the proper enjoyment of such a
community, to insure that the Common Areas within Maison du Val Townhomes are at
all times carefully and efficiently maintained and the lawns, private sidewalks and open
spaces within Maison du Val Townhomes are maintained and operated so they may be
enjoyed and used with comfort and pleasure by the Owners of Residences within Maison
du Val '1ownhomes. It is the purpose of this Declaration, in general, to provide that
Maison du Val Townhomes will be so managed, maintained, and preserved so as to be
regarded as a residential community of outstanding excellence.
ARTICLE FOUR
The Homesites and the Owners
4.1 Creation of Homesites. Iomesites will be created by the Developer
within the Plat. These Homesites shall describe a lot and unit number, the legal
description, and the boundary dimensions, which include the building structure only, and
configuration. The areas in front of and to the rear of each unit shall be used by that unit
owner, but shall remain as a limited common element and maintained by the Association.
Said Plat of Subdivision shall also state that an easement for use is created in favor of
each Homesite, from such Homesite over the roads constructed in the Common Areas
and over the driveway which connects each Homesite to the private roads.
4.2 Designation of Homesite, Each Homesite may for all purposes, including,
but without limitation, conveniences and mortgages, be identified and referred to as "I,ot
Number , Unit Number " as described and delineated on the Maison du Val Plat
of Subdivision, recorded in the Recorder's Office of Cook County, Illinois, on November
22, 2019, as document number 1932634074 (the appropriate I,ot and Unit number to be
inserted).
4.3 Owner. By purchasing or otherwise acquiring a Homesite, each (honer
agrees to be bound by all the Covenants and Restrictions contained in this Declaration.
ARTICLE FIVE
Restrictions
5.1 Land Use and Building Type, All Iomesites in Maison du Val 'Townhomes
shall be used for single-family, private residence purposes only, and no building or
structure other than a single- family private "townhouse" residence shall at any time be
constructed or maintained on any Homesite within Maison du Val Townhomes including
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by way of illustration and not by way of limitation, satellite dishes, sheds, dog houses,
swimming pools, or other accessory buildings or structures. No regular business, trade,
or occupation or profession of any kind or nature whatsoever, whether or not profit is
intended, shall be permitted to be carried on in any Homesite.
5.2 Architectural Controls. No building, awning, porch, fence, wall or other
structure shall be commenced, erected or maintained, nor shall any addition to, or change
or alteration in, any of the foregoing be made, nor shall any exterior color changes be
made, until the construction plans and specifications shall have been submitted to the
Developer and approved by the Developer in writing (which approval may be withheld
by Developer in its sole discretion and without a reason being expressed therefore) and
also subject to the issuance of a Construction Permit from Ek Grove Village.
5.3 Landscaping; Controls. Initial landscaping shall be done by Developer,
approved by Elk Grove Village, and changes in such landscaping shall be made by an
Owner only with the prior approval of the Developer, the Association and Elk Grove
Village. The Developer and the Association have the right, in making a judgment as to
the giving or, withholding of approval of; plans and specifications submitted to the
Developer and the Association, to consider the desirability of the proposed landscaping
or grading, in relation to other landscaping and grading in Maison du Val Townhomes,
and to consider the character and dualities of the residential development existing or
being created within Maison du Val Townhomes.
5.4 Prohibition of Certain Activities and Other Matter. No activity shall
be carried on which annoys or disturbs, or is likely to annoy or disturb, others in Maison
du Val Townhomes. No livestock, poultry, or other creatures may be kept or maintained.
The keeping of dogs, cats or other household pets is subject to the Rules and Regulations,
and the Rules and Regulations may prohibit the keeping of pets anywhere within Maison
du Val Townhomes. Refuse or waste material shall not be permitted to accumulate or be
burned outside of Owner's residence. Boats, recreational vehicles and commercial
vehicles shall not be stored or parked overnight on any Homesite within Maison du Val
Townhomes nor elsewhere within the Common Areas except that they may be so stored
within the garage on a Homesite so long as the garage doors are kept shut at all times. A
`commercial vehicle" is any vehicle expressly constructed for use in a commercial
activity of any kind, or which is identified by its general appearance, or by printing, or by
symbols, or by like matters as being engaged in a commercial activity. 'Trailers, mobile
homes, campers and similar vehicles are included within the prohibition against
recreational vehicles. No tent, shack, garage, temporary building or structure of any kind
shall be used at any time as either a temporary or permanent residence. No plants or seeds
or other things or conditions, harboring or breeding or likely to attract noxious insects or
creatures, or likely to be conducive to plant disease, shall be brought into or permitted to
exist or to be maintained within Maison du Val Townhomes. No snowmobile, dune
buggy, three- or four -wheeled off -road vehicles or similar motorized device may be
operated anywhere within Maison du Val Townhoines. Violation of the foregoing
restrictions shall entitle Developer and the Association to enforce the rights and remedies
hereinafter specified, whether or not said violation constitutes a nuisance.
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5.5 Nameplates, Antennae, Lighting, and Other Such Platters. There shall
be no more than one nameplate on each Homesite. Style, size and location of nameplates
shall be prescribed by the Rules and Regulations of the Association. No television or
radio antennae (including satellite dishes of all kinds), tower, or other receiving or
transmitting device shall be erected outdoors, nor shall laundry be dried outdoors. No
newspapers, paper or other temporary window coverings may be used to cover the
windows in any Residence.
5.6 Signs. No signs may be placed on any Homesite, including, but not
limited to, "For Sale" or "For Lease" signs. The Developer shall not be bound by the
provisions of this paragraph 5.6. Until such time as Developer sells the last Homesite
owned by it, Developer shall have the exclusive right to control the erection of signs on
the Property.
5.7 Covenants and Restrictions .Running With Land. The covenants and
restrictions created by this Declaration run with the land both as to burden and benefit,
and every conveyance or other instrument affecting Maison du Val Townhomes shall be
deemed subject to these Covenants and Restrictions and bound thereby as fully and as
firmly as if the Covenants and Restrictions were fully set forth in said conveyance or
other instrument.
5.8 Decks and Patios. All decks and patios for each homesite shall be 10 feet
by 1.6 feet. The maximum allowable size for a deck or patio is 10 by 16 feet, and that
future expansion of the original 160 square foot decks or patios shall not be permitted
without Plan Commission approval or an amendment to the Final PUD Plan, after a
formal request is made to the Maison du Val Townhomes' Association.
5.9 Accessory Structures. Accessory structures such as sheds, pools and
individual yard fences (except deck privacy screens as constructed by the builder and the
development's perimeter fence) are not pennitted within the common areas of the
development.
ARTICLE SIX
Use of the Common Areas and Limited Common Areas
6.1 Use of Common Areas by Owners. The Owners, their families, guests
and invitees have the right to use the Common Areas. Use of the Common Areas shall be
subject to the Rules and Regulations, which may be amended from time to time by the
Developer or the Association.
6.2 Use of Limited Common Areas by the Owners. The Owners, their
families, guests and invitees have the right to use the Limited Common Areas in front of
and to the rear of each building unit. The Association and the Developer, their agents,
employees, and invitees also have the right to use the Limited Common Areas, for the
purpose of upkeep and maintenance, including, but not limited to painting, lawn and
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shrubbery upkeep and snow removal.. Use of the Limited Common Areas shall be subject
to the Rules and Regulations, which may be amended from time to time by the Developer
or the Association.
6.3 Use of Common Areas. No use of the Common Areas and Limited
Common Areas shall be made by any person, whether Owner or otherwise, which does
not comply with, and conform to, the requirements of this Declaration and the Rules and
Regulations.
6.4 Use of Detention Area. The Owners shall have right to use the Detention
Area for recreational purposes, subject to such restrictions as the Association Board have
published in the Rules and Regulations. The Owners and the Association shall have the
exclusive right to maintain the Detention Area.
ARTICLE SEVEN
Easements
7.1 Encroachments. In the event that, by reason of the initial design,
construction, repair, reconstruction, settlement or shifting of the Property or any part
thereof, (i) any part of the Common Areas or Limited Common Areas encroaches; or
shall hereafter encroach, upon any, part of any Homesite, or (ii) any part of any Homesite
(including, but not limited to, fireplaces, bay, bow or box windows, and window wells)
encroaches, or shall hereafter encroach, upon any part of the other Homesite or the
Common Areas, then, in any such case, there shall be deemed to be an easement in favor
of the Developer for the maintenance and use of any of the Common Areas which may
encroach upon a Homesite and there shall be deemed to be an easement in favor of any
Owner for the exclusive use of any part of his Homesite which shall encroach upon the
Common Areas or any other Homesite; provided, however, that in no event shall an
easement for any encroachment be created in favor of any Owner if such encroachment
occurred due to the intentional, `willful or negligent conduct of such Owner or his agent.
7.2 Easements Reserved by Developer. Notwithstanding any provision
herein to the contrary, until such time as the Developer is no longer vested with or
controls title to any part of Maison du Val Townhomes, the Developer and its agents and
contractors shall have the right (a) to place and maintain on the Property model
residences, sales offices, advertising signs, parking spaces and lighting in connection
therewith, at such locations and in such forms as the Developer may determine, in its
discretion, to be used by the Developer in connection with the promotion, sale, or lease of
the Residences or of the Residences constructed or to be constructed on any part of
Maison du Val Townhomes, (b) to come over, across and upon the Property for the
purpose of making alterations or improvements to the Residences, Fomesites or Common
Areas, and (c) to store on the Common Areas equipment and materials used in connection
with such work on the Residences, Homesites or Common Areas, all without the payment
of any fee or charge whatsoever.
7.3 Perpetual Easements. Perpetual easements are hereby established in the
Common Areas for the use and enjoyment of said area by all Owners, their families,
guests, invitees and others where a right to use or enjoy the Common Areas is derived
from the Owner. Each Owner, and all persons whose rights are derived from the Owner,
has an easement to freely make all reasonable and proper use of the Common Areas
subject to the terms of this Declaration and to the Rules and Regulations promulgated
pursuant hereto.
7.4 Perpetual Easement in Gross to Association. The Common Areas and
Limited Common Areas shall be subject to a perpetual easement in gross to the
Association for the purpose of enabling and permitting the Association properly to
perform its duties and responsibilities. The Association further has a perpetual easement
in gross to enter upon a Homesite where reasonably necessary, in the judgment of the
Association, for the purpose of properly performing or executing a duty or responsibility
of the Association in respect of other Owner, or of the Owner generally, or of the
Common Areas. Without limiting the above easement in gross, the Association has a
perpetual easement in the Common Areas and the Homesites for the purpose of
maintaining the shores of all retention ponds and installing, repairing, maintaining, and
testing the lawn sprinkler system, the exterior lighting system, the aerator system and
shores of all retention ponds, and the fire protection security system, along with any other
systems which the Association has the duty or responsibility to operate or maintain, for
the benefit of the Owners or the Association. The Developer also has an easement in
gross to enter upon a Homesite where reasonably necessary in the judgment of the
Developer for the purpose of enabling and permitting Developer properly to perform its
duties and Responsibilities as Developer. Developer further has an easement in gross to
enter upon a I-lomesite where reasonably necessary in the judgment of Developer for the
purpose of properly performing or executing a duty or responsibility of Developer in
respect of other Owners, or of the Developer generally, or of the Common Areas.
7.5 Easements for Public Utilities, Sanitary and Storm Sewers. Developer
initially, and the Association thereafter, has the right to establish easements over portions
of Maison du Val Townhomes for sanitary and storm sewers and for all other public
utility purposes including electricity, gas, water, cable television, internet access and
telephones, and Developer and the Association have the concomitant right, in connection
with such grants of easements, to grant the right and power to do all things necessary or
appropriate in connection with said grant of easements, including, but without limitation,
the right of maintenance, repair and replacement. Developer and the Association are fully
authorized and empowered to execute and deliver any and all documents necessary to
implement these provisions, and the Developer shall be deemed to have approved and
confirmed such documents, and to be bound thereby.
7.6 Easements: How Created. Easements for all public utility or other
purposes, including, but without limitation, electricity, gas, water, cable television,
security, and telephone, shall be initially created by the recording in the Recorder's
Office of Cook County. Illinois, of the Plat of Subdivision of Maison du Val Town.h.om.es
and, if necessary, individual Grants of Easements to which shall be appended Plats of
Easements showing the location of the easements being initially created. Thereafter,
easements for public utilities shall be created by the recording of separate Plats of
Easements, each of which shall show the location, within the Common Areas and within
any Homesites, covered by such subsequent Plats of Easements, of the easements being
newly created. The utility easements created by the Cling of Plats of Easements shall be
deemed to have been created upon and subject to, all of the terms and conditions of the
Plat of Subdivision of Maison du Val Townhomes and initial Grants of Easements to the
respective, utilities or services, so that upon the recording of a Plat of Easements
subsequent to the recording of the Plat of Subdivision of Maison du Val Townhomes or
an initial Grant of Easements, each utility or service company shall forthwith have all the
rights, powers and obligations contained, in said Plat of Subdivision of Maison du Val
Townhomes or the initial Grant of Easements, as fully and as effectively as if all the
terms of said Grant of Easements were contained within the subsequently recorded Plat
of Easements.
7.7 Easement Within Common Areas and Limited Common Areas. At
any time prior to the sale of a Homesite by Developer, Developer has the right to create,
for public utility and other Common Areas purposes, an easement strip within, and
adjacent to, one or more sides of such Homesite.
7.8 Easement: Homesite to Public Streets. An easement for ingress and
egress to public streets shall exist over the driveways and walks which connect the
Homesites to the pubic road of Maison du Val Townhomes in favor of the Owners, their
families, guests, invitees and others whose right of use is derived from the Owners, and in
favor of the Developer and the Association. An area for the public road and for utility
easements (in addition to the utility easements hereinabove provided for), and for other
purposes, not inconsistent with such uses, is created and shall exist, as shown on the Plat
of Subdivision of Maison du Val Townhomes.
7.9 Easement to Fire and Police Departments. Fire and police departments
serving Maison du Val Townhomes, and cooperating fire and police departments, are
hereby given an easement to enter upon and make such use of so much of Maison du Val
Townhomes itself as is necessary for the customary and proper performance and
discharge of their duties.
7.10 Perpetual Easement to Village of Elk Grove. The Village shall have a
perpetual easement of ingress and egress to and from the Common Areas for purposes of
inspection, maintenance and repair (as outlined in section 10.3) of the stormwater
detention facility located in the Common Area on the Plat of Subdivision of Maison du
Val Townhomes.
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ARTICLE EIGHT
Par • Valls
8.1 Owner's Rights and Obligations. Each of the Owners immediately
adjacent to a party wall shall have the obligations and be entitled to the rights and
privileges granted herein and, to the extent not inconsistent herewith, the general rules of
law regarding party walls. If any party wall is damaged or destroyed through the act or
acts of an adjoining Owner, or his agents, servants, guests, or members of his family,
whether such act is willful, negligent or accidental, such Owner shall rebuild or repair the
wall to as good a condition as formerly without cost to the other adjoining Owner. Any
parry wall damaged or destroyed by some act or event other than that produced by one of
the adjacent Owner, his agents, servants, guests or family, shall be rebuilt or repaired by
both adjoining Owner to the same good condition as formerly, at their joint and equal
expense, as promptly as reasonably possible.
8.2 Disputes Regarding Party Walls. In the event of a disagreement between
Owners of adjoining Residences with respect to the repair, reconstruction or maintenance
of' a party wall or with respect to his share in the cost of repairing, rebuilding or
maintaining the same, then upon the written request of either of said Owner to Developer
or the Association, or its successor or assign, the matter shall be submitted to it for
arbitration under such rules as it may from time to time adopt, provided, however, that if
no such rules are adopted or it refuses to act, then the matter shall be submitted to three
arbitrators, one chosen by each of the Owners, and the third arbitrator shall be chosen by
the other two arbitrators. A determination of the matter signed by any two of the three
arbitrators shall be binding upon all persons.
8.3 Private Agreements. No private agreement of any adjoining property
Owner shall modify or abrogate any of the provisions contained in Article Eight, which
shall be binding upon the heirs, administrators, successors and assigns of the Owner. No
person shall be liable for any act or omission respecting the provisions of this Article
except such as took place while such person was an Owner.
ARTICLE NINE
Maison du Val Townhomes Homeowners' Association
9.1 The Association. Maison du Val Townhomes Homeowners' Association has
been or shall be organized under the general Illinois not -for -profit -corporation act, so that
the corporation will be enabled to function under this Declaration. The Association shall
be the governing body for all of the Owners and for the administration and operation of
Maison du Val Townhomes as provided in this Declaration, and the By -Laws.
9.2 Membership.
(a) There shall be only one class of membership in the Association,
The Owner of each Homesite shall be a member of the Association, but there
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shall be only one member per Homesite. Membership shall be appurtenant to and
may not be separated from Ownership of a Homesite. Ownership of a Homesite
shall be the sole qualification for membership. The Association shall. be given
written notice of the change of Ownership of a Homesite within ten days after
such change.
(b) One individual shall be designated as the "Voting Member' for
each Homesite. The Voting Member, or his proxy, shall be the individual who
shall be entitled to vote at meetings of the Owners. If the record Ownership of a
Homesite shall be in more than one person, or if an Owner is a trustee,
corporation, partnership or other legal entity, then the Voting Member for the
Homesite shall be designated by such Owner or Owners in writing to the Board
and, if in the case of multiple individual Owners no designation is given, then the
Board, at its election, may recognize an individual Owner of the Homesite as the
Voting Member for such Homesite.
9.3 Election of a Board. When Developer notifies the Owners that Developer
is ready to convey the fee simple title of the Common Areas to the Association, the
Owners shall elect a Board. If in the judgment of Developer, the Owners fail to elect an
initial Board after notice authorizing such election has been given by Developer, then the
Developer shall have the right to designate, in its discretion, any three of the Owners as
an initial Board. A director shall serve for one year, and thereafter until his successor is
elected.
9.4 Management and Control by Board. The Board may retain all
responsibility and authority for the day-to-day management and control of the Common
Areas. The Board has the right, but no obligation, to vest all of its responsibility and
authority for day-to-day management and control of the Common Areas in a manager to
be employed by the Board, and, if a manager is so employed, he shall be subject to the
authority of the Board. The manager shall execute the policies and decisions of the
Board, and the manager shall enforce their Rules and Regulations. The power and
authority of the manager shall be coextensive with that of the Board but shall be subject
and subordinate to the Board.
9.5 Adoption of Rules and Regulations. The Board may from time to time
adopt rules and regulations governing the Common Areas and use of the Common Areas
by the Owners and by all other persons. Developer shall have the right to adopt Rules and
Regulations prior to their adoption by the first Board. All users of the Common Areas and
all use of the Common Areas shall comply with the Rules and Regulations, and no use
shall be made of the Common Areas by any person, which does not comply with the
Rules and Regulations. Although the Rules and Regulations shall apply to, and be
effective throughout, Maison du Val Towiihomes, including the Homesites located
therein, the rights, powers and duties of the Board shall be primarily concerned with the
Common Areas, and the primary responsibility of the Board is the management and the
operation of the Common Areas. I.n all matters relating to enforcement and
implementation of the Rules and Regulations, the Board may act through its manager.
The Rules and Regulations to be adopted by the Board in respect of the Common Areas
and Homesites may cover, among other things and without limitation, matters pertaining
to use, admission of guests, pets, discipline and disciplinary measures against violators of
said Rules and Regulations.
9.6 Vacancies, Compensation and Other Matters. The Board shall receive no
compensation for its, services. A vacancy in the Board, whatever the reason for the
vacancy, shall be filled by vote of the remaining members of the Board. If there are two
or more vacancies in the Board, the vacancies shall be filled by majority vote of the
Owners at a special meeting called for that purpose. The Board shall act by majority vote
of those present at its meetings when a quorum is present. The Board shall meet as often
as it deems necessary for the proper performance of its duties.
9.7 Officers of the Board of Directors. The Board shall elect from among its
members a President and a Secretary -Treasurer, Each officer shall perform the duties
which commonly attach to the office held.
9.8 Meetings of the Owners. Ny'hen development of Maison du Val Townhomes
has been completed by Developer and Developer is prepared to transfer and assign all of
Developer's rights, powers and obligations to the Association, Developer shall give due
notice of said completion to the Owners, and shall give Owners not less than 15 days'
notice of a meeting to be held by the Developer at a place to be designated by Developer
in Cook County at which, by majority vote of all Owners present at said meeting, the
Owners shall elect the Board hereinabove referred to. Thereafter. the Owners shall meet
annually for the purpose of electing Directors at a place to be designated by the Board in
Cook County. The first annual meeting of the Owners shall be held one year, as early as
practicable, after the date of the first meeting of the Developer, and subsequent meetings
shall be held at yearly intervals thereafter.
9.9 Meetings of the Board. The Board shall meet annually promptly after the
annual meeting of Developer at a place to be designated by the Board in Cook County for
the purpose of electing officers and transacting any other business which may properly
come before the annual meeting. In addition to the said annual meeting, the Board may
hold special meetings when business before the Board makes it necessary. Special
meetings of the Board shall also be held on the written request of Sixteen of the Owners,
delivered to the Board. The request of the Owners shall stage the purpose of the special
meeting, for which a request has been made, and in response to a proper request by one-
third of the Owners, the Board shall set a suitable date for a special meeting and shall
give not less than ten days' notice to each Owner, of the date, time and place of the
special meeting.
ARTICLE TEN
Rights, Powers and Obligations of Association
10.1 Rights, Powers and Obligations of the Association. For the benefit of
all the Owners, the Association shall have all powers relating to the maintenance, repair,
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improvement, management, and operation of the Property including, but not limited to,
the power set forth in this Article Ten, and all the rights and powers possessed by Owners
under the terms of this Declaration. The power of the Association shall include the power
to acquire and pay out funds as hereinafter provided, for the following Community
Expenses and/or Residence Expenses:
(a) Management services.
(b) Security services (if any), including security personnel, and
operation and maintenance of a gatehouse and a central security signal receiving
systems and other security arrangements or devices (if any).
(c) eater, waste removal, if any, operating expenses, electricity,
telephone and other necessary utility services for the Common Areas.
(d) Comprehensive public liability and property damage insurance in
such limits as the Association shall deem desirable, insuring the Association
itself, its manager, if any, agents and employees, including the Directors
personally, the Developer and the Owners, its agents and employees, from any
liability in connection with the Common Areas or the streets, retention ponds,
sidewalks and public spaces adjoining the Common Areas. Such insurance
coverage shall also cover cross liability claims of one insured against another. The
insurance coverage provided for Developer, its agents and. employees, shall
continue in force and effect only until the time of the transfer by Developer to the
Association of all of the rights, powers and obligations of Developer, and said
coverage may then be canceled.
(e) Work-men's compensation insurance as may be necessary to
comply with applicable laws and such other forms of insurance as the Association
in its judgment shall elect to effect.
(f) General real estate taxes, assessments or other charges of
governmental bodies against the Common Areas (hereinafter referred to as
"taxes").
(g) The services of any person or firm employed by the Association.
The Association may employ the service of any person or firm to act on behalf of
the Owners in connection with real estate taxes and special assessments, and in
connection with any other matter where the respective interests of the Owners are
deemed by the Association to be similar and non -adverse to each other.
(h) Landscaping, gardening, snow removal, painting, cleaning, tuck
pointing, maintenance, decorating, repair and replacement in the Common Areas,
and acquisition of such furnishing and equipment for the Common Areas as the
Association shall determine are necessary and proper, and the Association shall
have the exclusive right and duty to acquire the same for the Common Areas,
including, but not limited to, the bikepath/multi-use path.
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(i) In respect of Homesites, (i) maintenance of landscaping initially
done by Developer and landscaping done by Owner on his Homesite for which
Association has in writing accepted responsibility, (ii) snow removal from
driveways, (iii) maintenance and repair of exterior of residences, including, but
not limited to, the roof, exterior walls, soffits, trim, and chimney.
0) Maintenance and repair of Homesite walks and driveways in
behalf of the Developer, but each Owner shall be separately assessed by the
Association for the separate expense thereof allocable to a Homesite. Such
assessments shall be governed by the provisions set forth in Article Twelve
relating to assessments generally, except that the statement covering the cost of
walk and driveway maintenance and repair shall be paid promptly upon
presentation to the Owner for whom the work was done.
(k) Any other materials, supplies, equipment, labor, services,
maintenance, repairs.. structural alterations or assessments, tax or otherwise,
which the Association is required to secure, or pay for pursuant to the terms of
this Declaration or the By -Laws or which, in its opinion, shall be necessary or
proper for the maintenance and operation of the Common Areas or for the
implementation of this Declaration..
(1) Any amount necessary to pay for or discharge any mechanic's lien
or other encumbrance levied against the entire Common Areas or any part thereof
which may, in the opinion of the Association, constitute a lien against the
Common Areas, rather than merely against the interests therein of particular
Developer.
(m) All funds collected hereunder shall be held and expended for the
purposes designated herein.
10.2 Alterations and Improvements of Common Areas. The Association
shall have the right to make or cause to be made alterations and improvements to the
Common Areas. The costs of such alterations and improvements shall be assessed as
Community Expenses in the manner hereinafter set forth.
10.3 Failure of Association Maintain Common Area Improvements. The
Association shall perform all maintenance, repairs and replacements of facilities in the
Common Areas. Neither the Association nor Developer shall conduct any activities;
which would adversely affect the functioning of the Common Areas. In the event the
Association or Developer (i) shall fail or refuse to maintain the Common Areas in a good
state of repair (ii) or shall fail or refuse to maintain the Common Areas in compliance
with all applicable ordinances and codes of the Village of Elk Grove, the Village shall
notify the Association by mail of the remedial work to be done. If the Association or the
Developer shall not have accomplished the remedial work within sixty (60) days of the
date of such mailing, then the Village shall have the right, but not the duty, to go onto the
Common Areas and perform the necessary remedial work relative to functioning,
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maintenance and repair of said Common Areas, charging the Association the cost of
remedial work done by it. if the Association shall fail or refuse to pay such cost, the
Village shall have the right to record a lien against the lots comprising the Maison du Val
Townhomes Subdivision and shall be entitled to interest from the Developer of the said
lots from the date of recording of the lien at the maximum rate of interest per annum
allowable by law on the balance remaining from time -to -time unpaid. The failure of the
Village to notify the Association or perform the remedial work as hereinabove provided
shall not be deemed a waiver of its right to perform such remedial work pursuant to
notice at other times nor as to such other rights the Village may have hereunder.
10.4 Books and Records. The Association, through its Members, shall keep
complete and correct books of account of the receipts and expenditures relating to the
Common Areas, specifying and itemizing the maintenance and repair expenses of the
Common Areas and any other expenses incurred. Such records and vouchers authorizing
the payments shall be available for inspection by any fawner or any representative of an
Owner duly authorized in writing, at such reasonable time or at times during normal
business hours as may be requested by the fawner. Upon ten days' notice to the
Association and payment of a reasonable fee, any Owner shall be furnished a statement
of his account setting forth the amount of any unpaid assessment or other charges due and
owing from such Owner for Community and/or residence Expenses.
10.5 Employment of Professional Management. The administrative duties of
the Board may be performed by a Manager (which may be a professional management
firm) employed by the Association, and the Association has the right to pay reasonable
compensation to a Manager so employed. The Developer has the right, but not the
obligation, on behalf of the Owners, to engage the initial Manager and to enter into a
contract with said Manager expiring not later than one year after the completion of the
development of Maison du Val Townhomes.
10.6 Execution of Agreements, Contracts, etc. All agreements, contracts,
deeds, leases, vouchers for payment of expenditures, and other instruments shall be
signed by the authorized officers of the Board, its Manager, or by such other persons and
in such manner, as from time to time may be determined by the Association.
10.7 INTENTIONALLY OMITTED.
10.8 No Business Activity. Nothing in the Declaration shall be construed to
give the Association authority to conduct a business for profit on the Common Areas or
any part hereof.
10.9 Non -Liability of the Board. The Board and Developer shall not be
personally liable to the Owners or to any others for any mistake in judgment or for any
acts or omissions made in good faith. The Owners shall indemnify and hold harmless
each member of the Board and the Developer against all contractual liability to others
arising out of contracts made by the Board or the Developer on behalf of the Owners
unless any such contract shall have been made in bad faith or in violation of the
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provisions of this Declaration. The liability of the Developer based upon a contract made
by the Board or by Developer, or based upon Owners' agreement to indemnify and hold
harmless, shall be several, and not joint, and no Owner shall be liable for more than his
equal proportionate share of any such contract or indemnity liability. Even agreement
made by the Board or Developer shall provide that the Board or the Developer, as the
case `may' be, are acting only as agents for and on behalf of the Owners and shall have
no personal liability thereunder (except as Developer), and that each Owner's liability
thereunder shall be several, and not joint, and shall not exceed the Owner's equal
proportionate share of such contract liability. The indemnity herein provided for shall
extend to and be operative in favor of the Manager and all other agents and employees of
the Association and the Developer.
10.10 Delegation of Power. The maintenance, repair, improvement,
management and operation of the Common Areas shall be the responsibility of the
Association, but the Association has the right to delegate to the Manager or others such
authority and duties as may be granted and imposed upon the Board by this Declaration.
10.1.1 Funds and Titles for the Developer. All funds and all properties acquired
by the Association, and the proceeds thereof shall belong to the Owners and shall be held
for the benefit of the Owners subject to this Declaration for the purposes herein stated.
ARTICLE ELEVEN
Conveyance ofT tle by Developer to Association
11.1 Developer's Rights, Powers and Obligations Prior to Transfer to
Association. Until 75% of the Homesites shall have been sold and development of
Maison du Val Towmhomes has been completed by Developer, all of the rights, powers
and obligations ♦vhich by this Declaration are to be vested in the Association shall be
deemed vested in and possessed by Developer.
11.2 Transfer of Rights, Powers and Obligations by Developer to
Association. When Developer has completed 75% of the development of Maison du Val
Townhomes, it shall transfer and assign to the Association all of its rights, powers, and
obligations under this Declaration.
11.3 Transfer of Title to Common Areas to Association.
(a) Until the title in the Common Areas is conveyed to Association,
Developer solely shall hold the fee simple title in the Common Areas, subject to
the right of use by the Developer hereinabove provided for in Article Six.
(b) Concurrently with said transfer by Developer to the Association,
the legal title of Developer in the Common Areas shall be conveyed to the
Association, and thereupon the Association solely shall possess fee simple title in
the Common Areas.
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(c) Concurrently withthe transfer of Developer's rights, powers and
obligations to the Association, the exclusive interest of the Developer in the
Common Areas shall cease and terminate.
11.4 Rights and Powers Reserved by Developer. Prior to the Developer's
completion of Maison du Val Townhomes and Developer's transfer of its rights,
pourers and obligations to the Association, Developer shall have the right and power to
erect and maintain advertising signs and to use and employ on Maison du Val
Townhomes other sales devices and arrangements, all to be in good taste and consistent
with the duality and character of the development, for the purpose of advertising
Homesites and Residences in Maison du Val Townhomes. Developer shall have the
further right and power to maintain, for the aforesaid period, sales, business and
construction offices on the Property, up to four (4) model Residences, and to complete
construction of the buildings and improvements on the Property and development of the
entire Maison du Val Townhomes. The construction of buildings and improvements by
Developer in accordance with this Article shall be deemed fully authorized and
empowered until development of Maison du Val Townhomes has been completed and
Developer has transferred and assigned all its rights, powers and obligations to the
Association. Developer shall be exempt from the payment of all assessments due under
Article Twelve of this Declaration during the period Residences are used by Developer
as model Residences or during the period any Residence owned by the Developer
remains unsold and unoccupied.
11.5 Developer's Successors and Assigns. Developer's successors and
assigns shall have, without limitation, qualification or exception, all the rights, powers
and authority of Developer itself.
11.6 Common Areas Improvements: Developer's Warranty. Developer
warrants all improvements constructed by Developer in the Common Areas to be free
from defects in workmanship and materials. Said warranty shall be etTective for twelve
months from the date as of which the improvement is ready for use or occupancy. During
said twelve-month warranty period, all repairs required by reason of defects in
workmanship or materials shall be made by Developer at its own expense, without charge
to the Owners. After the expiration of the warranty period, all repair expense on Common
Areas improvements shall be borne by Owners.
ARTICLE TWELVE
Assessments
12.1 Assessments for Taxes and Maintenance Prior to Transfer to
Association. All taxes, expenses for maintenance and operation of the Common Areas
and for the services hereinabove specified, performed upon Homesite, shall be paid by
assessments upon the Owners. Until Developer transfers its rights, powers and
obligations to the Association, assessments for maintenance and operation shall be levied
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by Developer on a p
d an quarterly basis aid by the Owners. The assessment for
I
maintenance and operation shall be subject to periodic adjustment, upward or downward,
each such adjustment to be based upon the estimate then made by Developer of the
expense of managing and operating the Common Areas during the period for which the
estimate has been made. The term "maintenance and operation" of the Common Areas
includes, but without limitation, all of the matters set forth in Article Ten in respect of
which the Association (and Developer prior to transfer to the Association) are stated to
have rights, powers, and obligations.
12.2 Transfer by Developer of Maintenance Reserves. When Developer is
preparing to transfer its rights, powers, and obligations to the Association, Developer
will, as soon as practicable, deliver to the Association a statement prepared the Developer
showing the amount by which aggregate assessments received by Developer from the
Owners exceeded, or are less than, the aggregate expense of maintaining and operating
the Common Areas up to date of the transfer. If the statement shows a surplus, Developer
shall within thirty days of receipt of the statement pay that surplus to the Association. If
the statement shows a deficiency, then Association will pay the amount of that deficiency
to the Developer. After the date of the transfer and assignment to the Association of
Developer's rights, powers and obligations, Developer shall have no further liability or
obligation in respect of any costs or expenses of the Common Areas. Thereafter, all
assessments for taxes, maintenance and operations shall be made as provided for in the
following sections of this Article Twelve,
12.3 Estimate and Assessment of Maintenance Costs by Association. After
Developer has transferred its rights, powers, and obligations to the Association, payment
by Developer for maintenance and operating expenses shall continue to be paid quarterly
in the same amount as prior to the transfer, until the Developer are notified by the
Association of a change in the amount of the assessments.
(a) As soon as practicable after the aforesaid transfer by Developer to
Association, the Association shall prepare an estimate of the taxes, maintenance
and operating expenses for the Association's initial fiscal year, beginning on the
first day of the calendar month which immediately follows the expiration of a
period not less than thirty days from the date or the preparation of the estimate by
the Association.
(b) After the Association has approved the said estimate, the
Developer shall be promptly given written notice of said estimate, with reasonable
supporting data, and a statement of the quarterly payment for taxes, maintenance
and operating expenses to be made by each Owner on the first day of each quarter
of said initial fiscal year, and each Owner shall thereupon make payments in
accordance with said statement,
(c) Thereafter, not less than thirty days prior to the beginning of each
fiscal year after the initial fiscal year, the Association shall prepare and approve
an estimate of taxes, maintenance and operating expenses for the coming fiscal
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year, with reasonable supporting data, and the Association shall promptly give
each Owner written notice of said estimate, and a statement of the quarterly
payment of taxes, maintenance and operating expenses to be made by each. Owner
on the first day of each quarter of the fiscal year for which the estimate was made,
and each Owner shall thereafter make payments in accordance with said
statement.
(d) Within ninety days after the beginning of each fiscal year after the
initial fiscal year, the Association shall prepare an itemized accounting of taxes,
maintenance and operating expenses actually incurred and paid for the preceding
fiscal year, together with a tabulation of the amounts collected pursuant to
assessment of the Owners, and showing the net amount over or tinder the actual
expenditures, plus reserves: provided, that in the fiscal year which immediately
follows the initial fiscal year, the aforesaid data to be delivered to the Association
shall cover the fiscal period from the date of the transfer by Developer to the
Association, to the end of said initial fiscal year. Any amount accumulated in
excess of the amount, required for actual expenses and reserves may be placed in
a special reserve to apply against cash requirements for the following year and
any net shortage may be assessed equally among the Owners.
12.4 Reserves for contingencies. The Association may build up and maintain
reasonable reserves for contingencies and replacements. Extraordinary expenditures not
originally included in the annual estimate, which may become necessary during the year,
shall be charged first against such reserves. If the estimated cash reserve is inadequate for
any reason, including nonpayment of any assessment, the Board has the right to levy an
additional assessment to cure the deficiency. The Association shall serve notice of such
additional assessment on the Owners by a statement in writing giving the amount and
reason therefore, and such additional assessment shall be paid as directed by the
Association. Each Owner, jointly and severally, shall be personally liable for and
obligated to pay his respective adjusted monthly assessment. .
12.5 Failure of Association to Serve Estimate. The failure or delay of the
Association to approve or distribute the annual estimate or the adjusted estimate shall in
no way constitute a waiver or release in any respect or in any degree of the obligation of
each Owner to pay the maintenance assessments herein provided for, whenever the same
shall be determined, and if timely distribution of an estimate is not made by the
Association, the Developer shall continue to pay the then existing monthly assessment,
until the new or adjusted estimate shall have been distributed by the Association.
12.6 Assessment Roll. The assessments against the Owners shall be set forth
upon a roll which shall be available for inspection on request at all reasonable times by
the Developer or their duly authorized agent. Said assessment roll shall show all
assessments made and their purposes, and shall show further the amounts of all
assessments paid and all assessments unpaid.
12.7 Owner and Grantee: Liability and Assessments. Each Owner and his
grantee shall be jointly and severally liable for all unpaid assessments due and payable at
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the time of conveyance but without prejudice to the rights, if any, of a grantee to recover
from the grantor the amounts paid by the grantee in respect of such assessments. A
waiver of the use or enjoyment of the Common Areas shall not avoid such liability, by a
claim of nonuse, or by abandonment or surrender of the Homesite in respect of which
liability for the assessment was made.
12.8 Allocation of Assessment Liability Among Owners. Except as
specifically provided for hereunder to the contrary, all taxes and expenses in connection
with maintenance, improvement, management and operation of the Homesites or
Common Areas, herein sometimes referred to as "Maintenance Expense". shall be borne
in equal shares by all the Owners. Each Owner agrees to become liable for and to pay all
assessments herein provided for.
12.9 Lien for Assessments.
(a) If an Owner fails to pay an assessment or portion thereof for which
he is liable, then the Association shall have a lien, effective as of the date on
which payment was due, on such Owner's Homesite for the purpose of securing
the obligation of the Owner in respect of said unpaid assessment or portion
thereof, provided, the lien hereby created in favor of the Association shall be
subject and subordinate to the lien of any mortgage or trust deed on such
Homesite made by a bank or insurance company or savings and loan association
or other lender, except in respect of assessments on the mortgaged I-lomesite
which becomes due and payable subsequent to the date on which. the mortgagee,
after default, takes possession of the Homesite, or accepts a conveyance of the
Owner's interest therein or has a receiver appointed in proceedings to foreclose
the mortgage lien, and in respect of assessments subsequent to the mortgagee's
possession or acceptance of a conveyance, or appointment of a receiver, the lien
of the Association shall have priority over the defaulted mortgage.
(b) In addition to the lien for unpaid assessments or any portion
thereof in favor of the Association, provided for herein, the Association shall have
a lien on all tangible personal property located in, on or about the Ilomesite,
except that such Association's lien shall be subject and subordinate to prior bona
fade liens of record.
12.10 Payment of Assessments: Interest. Assessments and installments
thereof paid on or before ten days after their due date shall not bear interest, but all sums
not paid on or before twenty days after the date when due shall, when so directed by the
Association, bear interest at a rate determined from time to time by the Board but not
higher than the highest legal rate payable by individuals in Illinois, from the date when
due until date of payment. All payments on account shall be applied first to interest and
next to the principal of the assessment, which was first due and owing.
12.11 Rights of Association on Default. If an Owner is in default in the
monthly payment of the aforesaid assessments or expenses for thirty days or more, the
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Association may bring suit to foreclose the lien in favor of the Association hereinabove
provided for, or may bring suit to enforce collection of the unpaid assessment, and for the
recovery of all costs, fees and expenses incurred by reason of said default, including, but
not limited to, interest as hereinabove provided and reasonable attorneys' fees in an
amount to be fixed by the court. The lien hereby created may be foreclosed by an action.
brought in the name of the Association and shall be maintained as in the case of
foreclosure of any mortgage or other equitable lien against real estate provided; however,
that, as herein provided, a mortgage on a Homesite shall be subject and subordinate to the
lien in favor of the Association hereby provided for, only in respect of assessments on the
mortgaged Homesite which become due and payable subsequent to the date the owner or
holder of said mortgage either takes possession of the Homesite, or has a receiver
appointed in a suit to foreclose the mortgage lien. Any mortgagee of a Homesite has the
right from time to time and upon payment of a reasonable fee to request in writing a
written statement from the Association showing the condition of the assessment account
of the Owner of the mortgaged Homesite, and showing all unpaid items in respect of
which the Association is given lien rights hereunder.
12.12 Lien Rights of Developer. Until Developer's transfer and assignment of
its rights, powers and obligations to the Association, all of the lien rights and other rights
herein provided for in favor of the Association, shall be possessed by the Developer as
fully and as effectively in every respect without diminution of any kind, as said lien rights
are to be possessed by the Association itself.
12.13 Contribution to Reserve -Initial Purchasers. Each purchaser of a
Townhome shall pay an amount equal to $750 to the Association to create an initial
reserve.
12.14 Initial Assessment Paid Quarterly. The initial Assessments, until
changed by either the Deveoper or the Association, shall be $250 due at the beginning of
each calender quarter, regardless of the date of a Townhome's acquisition.
ARTICLE THIRTEEN
Insurance
13.1 Insurance Coverage. The Association shall obtain insurance in respect of
Maison du Val Townhomes pursuant to this Article Thirteen.
(a) The Association shall obtain comprehensive general liability
insurance for bodily injury, property damage, and personal injury- at limits
no less than a combined single limit of $1,000,000, covering ownership,
maintenance, or use of the Common Areas, the Homesites and other areas
within or outside Maison du Val Townhomes necessary and incidental
thereto.
(b) Such workmen's compensation insurance as is required by law and
employer's liability insurance as the Association shall deem desirable.
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(c) Such other insurance in such reasonable amounts as the
Association shall deem necessary.
13.2 Premiums as Community Expenses. The premiums for the above -
described insurance shall be included in the expenses of maintaining the Common Areas
and shall be paid by the Association.
13.3 Policies.
(a) All insurance, provided for in this Article shall be effected under
valid and enforceable policies issued by insurers of recognized responsibility
authorized to do business in the State of Illinois.
(b) All policies of insurance of the character described in paragraphs
(a), (b) and (c) of Section 13.1 shall name as insureds the Maison du Val
Townhomes I Iomeowners' Association and its Board, the managing agent, if any,
and other agents, and until the rights, powers and obligations of Developer are
transferred to the Developer, the policies shall also name as insured the
Developer, its affiliates, and the agents and employees of the said insured parties.
13.4 Losses. The loss, if any, under any policies of insurance described in
Section 13.1 shall be adjusted with the insurance company or companies by the
Association. The insurance proceeds received by the Association less the actual cost, fees
and expenses, if any, incurred in connection with the adjustment of the loss, shall be
applied to the payment of the cost of restoring the Common Areas and the
improvements thereon to substantially the same condition in which it existed immediately
prior to such damage or destruction, free from Vendor's, mechanic's, materialman's and
other similar liens.
13.5 Individual Owner's Insurance on Homesite. Each owner of a Homesite
in Maison du Val Townhomes shall be responsible for his own insurance on his personal
liability covering his Homesite. The Association has no obligation or responsibility to
insure the Owners of Homesites for their liability arising out of the Ownership,
maintenance, or use of the Homesites. Each Owner shall carry all-risk physical damage
insurance covering the improvements on his Homesite, and shall at all times have on
deposit with the Association, certificates of insurance showing that policies providing
coverage for not less than the full insurable replacement value, are in force and effect. If
improvements are damaged or largely destroyed by fire or other casualty, each Owner
shall restore the improvements damaged or largely destroyed within a reasonable period,
the Board may restore the improvements and assess the Owner for the cost of said
restoration which assessment shall be paid as provided hereunder.
13.6 Uninsured Property or Insufficient Insurance. In the event the
Common Areas is not insured against the peril causing the loss or damage, or the
22
insurance proceeds are not sufficient to pay the costs of repair, restoration or
reconstruction, and the Association on behalf of the Owners does not voluntarily make
provisions for repair or reconstruction of the improvements within 180 days' after said
damage or destruction, then the owners shall determine the action to be taken with
respect to the Common Areas or the improvements, at a special meeting of the Owners
called :for the purpose of considering such action.
ARTICLE FOURTEEN
Sale, Lease or Other Transfer of Homesite
14.1 Right of Developer to Transfer Free of Association's Option.
(a) The Options given the Association by this Article Fourteen to
acquire a Homesite shall not apply to any sale, lease, gift, devise or other transfer
by Developer, or by an Owner of a Homesite, to a co -Owner of such Homesite, or
to the spouse or child or children of an Owner, or to any Developer of a trust of
which the sole beneficiary or beneficiaries is or are the Owner, the spouse or
children of the Owner, or any one or more of them.
(b) Each Section of this Article Fourteen is expressly made subject and
subordinate to the right of each Owner (and of Developer) to transfer his
Homesite to a party specified in Section 14.1(a), free of the options given
Association by this Article Fourteen.
14.2. Sale or Lease of Homesite. Any Owner, other than Developer, who
wishes to sell or lease his Homesite (or any lessee of any Homesite wishing to assign his
lease or sublease such Homesite) shall give the Association not less than thirty days'
prior written notice of the terms of any proposed sale, lease, assignment, or sublease,
together with the name, address and financial and character references of the proposed
purchaser, lessee, assignee or sublessee, and such other information concerning the
proposed purchaser, lessee, assignee or sublessee as the Association may reasonably
require. The Association, acting in behalf' of all Owners (other than the prospective seller
or lessor), shall at all times have a first right and option to purchase or lease, such
Homesite upon the same terms, said option to be exercisable by the Association within
thirty days of the date of the receipt of notice and information by the Association. No
sale, assignment of lease, or sublease of such Homesite, shall be consummated prior to
the expiration of said thirty -day period without Association's written consent, and if a
sale, assignment or sublease is consummated prior to the expiration of said thirty -day
period without Association's written consent, and if a sale, assignment or sublease is
consummated in violation of this provision then, at the option of the Association., the
consummated transaction shall be deemed void and wholly inoperative. If the Association
does not exercise its option within said thirty -day period, the Owner or lessee shall have
the right to sell, assign the lease, or sublease the I Imesite, strictly in accordance with the
terms and conditions of the notice given to the Association. This Section 14.2 is expressly
made subject and subordinate to the right of each Owner (and of Developer) to transfer
23
his Homesite to a party specified in Section 14.1(a), free of the options given Association
by this Article Fourteen.
14.3 Gift of Homesite. Any Owner other than Developer who desires to make a
gift of his Homesite, or any interest therein, shall give the Association not less than thirty
days' prior written notice of such Chvner's intention prior to the proposed date of the gift,
together with the name, address and financial and character references of the proposed
donee and such other information concerning the proposed done, as the Association may
reasonably require. The Association, acting in behalf of all Owners (other than the
prospective donor), shall at all times have a first right and option to purchase such
Homesite or interest therein for its fair market value, to be determined by appraisal as
hereinafter provided, which option shall be exercisable by the Association until the
expiration of the option period hereinafter provided for. If the Association desires to
exercise its option, then within fifteen days after receipt by the Association of a written
notice of a desire to make a gift, the Owner desiring to make such gift and the
Association shall each appoint an expert real estate appraiser to act as appraisers. The two
appraisers so appointed shall themselves, within ten days after their appointment, appoint
another expert real estate appraiser to act as a third appraiser. Within fifteen days after
appointment of said third appraiser, the three appraisers shall determine, by majority
vote, the fair market value of the Homesite or interest therein, of which the Owner desires
to make a gift. The appraisers shall thereupon give prompt written notice of their
determination as to fair market value of the Homesite or the interest therein which has
been appraised, and said determination shall be deemed final and conclusive and binding
on all parties. If either party fails to appoint an appraiser, then the appraiser appointed by
the other party shall make the appraisal alone. The Association shall have an option to
purchase the Homesite, or the interest therein of which a gift was to be made, for a period
of fifteen days after the date of the receipt by the Association of the aforesaid
detenmination of fair market value. This Section 14.3 is expressly made subject and
subordinate to the right of each Owner (and of Developer) to transfer his IHomesite to a
party specified in Section 14.1(a), free of the options given Association by this Article
Fourteen.
14.4 Death of Owner. If an Owner dies, the Association shall, have an option
to purchase the decedent's Homesite, or his interest therein, from the estate of the
decedent. The option price shall be the fair cash market value of the Homesite, or the
decedent's interest therein, said fair market value to be determined by appraisal as
hereinafter provided. Within thirty days after the Association is notified of the
appointment of a personal representative for the estate of the deceased Owner, if the
Association desires to exercise its options, the Association shall appoint a qualified real
estate appraiser to act as an appraiser, and shall thereupon give written notice of such
appointment, to the personal representative of the decedent. Within fifteen days
thereafter, said personal representative shall also appoint a qualified real estate appraiser,
and the two appraisers so appointed shall promptly appoint a third ,qualified real estate
appraiser. Within fifteen days thereafter, the three appraisers shall determine by majority
vote the fair market value of the Homesite, or the decedent's interest therein, and they
shall thereupon give written. notice of their determination to the Association and to the
24
personal representative of the decedent. If either party fails to appoint an appraiser, then
the appraiser appointed by the other party shall alone make the appraisal. The
Association's right to purchase the Homesite, or the interest therein, of a deceased Owner
shall expire thirty days after the Association receives notice of the determination of fair
value made by the appraisers. The Association shall be deemed to have appropriately
exercised its right to purchase if the required price is tendered to the said personal
representative within the period hereinabove prescribed, provided, that a deed conveying
good title is tendered to the Association concurrently with the tender of the price by
Association, and that the title, being conveyed is supported by a title guaranty policy in
the amount of the sale price, This Section 14.4 is expressly made, subject and subordinate
to the right of each Owner (and of Developer) to transfer his Homesite to a party
specified in Section 14.1(a), free of the options given Association by this Article
Fourteen.
14.5 Involuntary Sale of Homesite.
(a) If any Iomesite is sold at a judicial or execution sale (other than a
mortgage foreclosure sale) the purchaser at such sale, before taking possession of
the Homesite, shall give not less than thirty days' written notice to the
Association of his intention to take possession in pursuance of his purchase. The
Association shall thereupon have an option to purchase the Homesite for the
price at which the Iomesite was sold at said sale to said purchaser. If the
Association elects to exercise their option to purchase, they shall tender the
required sum to said purchaser of the Homesite within said thirty -day period, and
if they fail to do so, the purchaser shall then be entitled to take possession of the
Homesite free and clear of the option provided for in this section.
(b) If the mortgage on a Homesite of a bank, savings and loan
association, insurance company or other lender is foreclosed, the mortgagee shall
have the right to acquire the mortgaged Homesite at its foreclosure sale, either in
its own name or in the name of a nominee. If, however, at any time after such an
acquisition, the mortgagee sells the Homesite it has acquired through its
foreclosure, then the purchaser from the mortgagee, before taking possession of
the Homesite, shall give, not less then thirty days' written notice to the
Association of his intention to take possession of the Homesite in pursuance of
his purchase. The Association shall thereupon have an option to purchase the
Homesite for the price at which the Homesite was sold at said sale to said
purchaser. If the Association elects to exercise its option to purchase, it shall
tender the required sum to said purchaser of the Homesite within said thirty -day
period, and if they fail to do so, the purchaser shall then be entitled to take
possession of the Homesite free and clear of the option provided for in this
subsection.
14.6 Consent of Owners to Exercise of Option by Association. The
Association shall not exercise any Option to purchase a Homesite without the prior
written consent of two-thirds of the Owners. The Owners, in authorizing the
Association's purchase of a Homesite pursuant to option given by the preceding sections,
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shall specify the maximum price which the Association is authorized to pay for the
purchase to be made, and the Association shall not offer more for any Iomesite than the
maximum fixed by the Owners. The power of the Association to purchase a Homesite
pursuant to this Article Fourteen includes the power to purchase any interest in said
Homesite.
14.7 Proof of Termination of Option. A certificate executed and
acknowledged by the Association, stating that the provisions of this Article Fourteen
have been fully complied with by an Owner, or duly waived by the Association and that
the rights of the Association have been terminated by such waiver, shall be conclusive
and binding upon the Association and the Owners in favor of all parties who rely on such
certificate in good faith, and such a certificate shall be furnished upon request to any
Owner entitled thereto, upon payment of a reasonable fee.
14.8 Financing of Purchase Under Option. A Homesite acquired by the
Association pursuant to options given by this Article Fourteen shall be paid for from the
maintenance fund. If the maintenance fund is insufficient to pay the sum required for
acquisition of a Homesite, the Association shall procure the additional sum required by
assessment against the Owners. If an Owner so assessed fails to pay his assessment, the
Association shall have lien rights in respect of such Owner's Homesite and such other
rights in respect of the Owner, as in any other case of a default by Owner. The
Association has the power to finance the acquisition of a Homesite pursuant to this
Article Fourteen by procuring a mortgage or other loan secured by said Homesite, and if
such a loan is procured, the payments in respect of the mortgage and expenses in
connection therewith shall be paid, to the extent necessary, by assessment against the
Developer.
14.9 Title to Acquire Interest. Title to a Homesite acquired pursuant to this
Article Fourteen shall be held in the name of the Association or in the name or names of a
nominee or nominees, but title, however held, shall be for the benefit of the Owners. A
Homesite acquired by the Association pursuant to this Article Fourteen may thereafter be
sold or leased by the Association on whatever terms they deem appropriate. All net
proceeds of a sale or lease of a Homesite acquired by the Association shall be refunded to
the Owners in equal. shares.
ARTICLE FIFTEEN
Compliance, Breach of Covenants, and Default
15.1 Rights and Remedies of Association, Each Owner is bound by and shall
comply with the tenets of this Declaration, the By -Laws, and the Rules and Regulations
adopted pursuant thereto, and by all amendments to them. A failure by an Owner to
comply with this Declaration, or with the By -Laws, and Rules and Regulations of the
Association or any authorized amendment to said Declaration, By -Laws, or Rules and
Regulations shall constitute a Default by such Owner. If a default occurs, the Association
shall have the right to recover damages at law, to procure injunctive relief, to foreclose on
any lien rights the Association may have, or to avail themselves of any other rights or
26
remedies permitted at law or in equity including, but not limited to, filing suit pursuant to
the Forcible Entry and Detainer Act. All expenses of the Association in connection with
any actions or proceedings described herein, including court costs and attorneys' fees and
all other expenses of the proceeding, and all damages, liquidated or otherwise, together
with interest thereon at 18% per annum or such other interest rate as shall be charged by
the Board pursuant to paragraph 12.10 herein until paid, shall be charged to and assessed
against such defaulting Owner, and shall be added to and deemed part of his respective
share of the annual expenses and the Association shall have a lien for all of the same, as
well as for non-payment of his respective share of the annual expenses upon the
Homesite of such defaulting Owner and upon all of his additions and improvements
thereto and upon all of his personal property located on his Homesite or elsewhere on the
Property. The rights and remedies of the Association shall be cumulative and shall be
enforceable concurrently in a single proceeding. By virtue of the provision of this
Declaration which gives Developer all rights and powers of the Association prior to
completion of the development of Maison du Val Townhomes and conveyance of
Developer's rights to the Association, Developer has every right and power and every
right and remedy which the Association is given by this Article.
15.2 Liability, of Developer for Negligence. Each Owner shall be liable for
any damage caused by his act or negligence, or by the act or negligence of any party
whose right to be upon the Common Areas is derived 1:rom such Owner, but only to the
extent that such damage is not covered by insurance carried by the Association. Nothing
herein contained, however. shall be construed so as to modify any waiver by an insurance
company of rights of subrogation.
15.3 Recovery of Suit Expense. In any proceeding commenced by the
Association, based upon or arising out of an alleged Default by an Owner, the prevailing
party, whether Association or Owner, shall be entitled to recover all expense of the
proceeding, including reasonable attorneys' fees, but the amount to be allowed the
prevailing party shall be determined by the court.
ARTICLE SIXTEEN
Ilomesites: Title in Land Trustee
16.1 Homesites: Title Held by Land Trustee. If title to any Iomesite is
conveyed to a Land Trustee, under the terms of which all powers of management,
operation and control, of the premises are vested in the trust beneficiary or beneficiaries,
then the parties who are the beneficiaries from time to time under such land trust shall be
deemed the Owner of such Iomesite and shall have all the rights and obligations of the
Owners hereunder. The Owner holding title under such a land trust shall have no personal
liability for payment of any obligation or lien created by or arising under this Declaration
and no party shall have the right to claim personal liability on the part of any such Land
Owners for any liability or obligation of any kind arising under this Declaration.
Beneficiaries of a Land Owner who transfer their beneficial interest by assignment, or
who cause their Owner to transfer Iomesite by Trustee's deed, shall continue to be liable
27
for all liabilities and obligations incurred by them prior to the disposition of their
Homesite.
ARTICLE SEVENTEEN
Amendment and Termination of Declaration
17.1 Who May Amend. This Declaration may be amended by the Developer,
or by the Association, or by the Owners, in the manner provided for in this Article
Seventeen. Amendment other than in accordance with this Article is not permissible.
17.2 Amendment Prior to Sale of Homesite. Prior to the sale of any
Homesite, Developer itself has the right to amend or to terminate this Declaration at any
time or in any manner. If Developer elects to terminate this Declaration, Developer may
evidence its election by recordation of an appropriate statement of termination with the
Recorder of Deeds of Cook County, Illinois, and upon such recordation, the entire title in
Maison du Val Townhomes shall stand in the Developer free and clear of this
Declaration.
17.3 Amendment After Sale of Homesite. After one or more Homesites has
been sold, but prior to Developer's completion of the development of Maison du Val
Townhoines and prior to Developer's transfer of its rights, powers and obligations to the
Association, Developer itself acting without concurrence of any other party has the right
to amend this Declaration as often as Developer deems necessary, but no such
amendment shall unfairly or unreasonably affect any rights of the Owners.
17.4 Amendment After Transfer of Association. After completion of Maison
du Val Townhomes by Developer and the election of the first Board (after the Transfer of
the Association), this Declaration may be amended by a two-thirds vote of the Board,
together with the concurrence of Developer so long as Developer has any unsold
Homesite, but such amendment shall not unfairly or unreasonably affect the rights of the
Developer.
17.5 Amendment After All Homesites Have Been Sold. After development
of Maison du Val Townhomes has been completed and all Homesites therein sold by
Developer, and a first Board has been elected, this Declaration may be amended by a vote
of no less than 24 of the 32 Owners, but such amendment shall not unfairly or
unreasonably affect the rights of an Owner.
17.6 Termination of Declaration. After one or more Homesites have been
sold, this Declaration may be terminated only with the joint consent of:
(a) The Developer, if the Developer has any unsold Homesites. If
Developer has sold all its I lomesites, consent of Developer shall not be required;
(b) If a Board of Directors has been elected, then the consent of the
28
Board, supported by a two-thirds vote of the Directors;
(c) The Owners of 75% of the Homesites;
(d) All mortgagees of Homesites.
Concurrence of all the foregoing shall be required in order to effect a valid termination of
this Declaration.
17.7 Procedure on Amendment or Termination.
(a) If this Declaration is to be amended or terminated by the
Developer solely, pursuant to the above provisions of this Article which provide
for amendment or termination by Developer solely, Developer shall evidence said
amendment or termination by due execution of an appropriate written instrument
setting forth the terms of the amendment, or stating that this Declaration is
terminated, as the case may be.
(b) If this Declaration is to be amended after development of Maison
du Val Townhomes has been completed and the rights and powers of Developer
have been transferred and assigned to the Association, then if Developer still has
one or more Homesites which remain unsold, the amendment shall be effected by
an appropriate written instrument setting forth the terms of the amendment and
duly executed on behalf of the Association and duly executed by the Owners.
(c) If an amendment is to be effected after Developer has completed
the sale of all Homesites in Maison du Val Townhomes, and after the rights and
powers of Developer have been transferred and assigned to the Association, then
the amendment may be evidenced by a written instrument executed in behalf of
Association solely, and no participation by Developer shall be required.
(d) If this Declaration is to be terminated after one or more Homesites
have been sold, the termination shall be evidenced by an appropriate written
instrument stating that this Declaration has been terminated. The statement of
termination shall be executed by the President and Secretary of the Association on
behalf of the Association, by 75% of the Owners of the Iomesites, and by all
owners of mortgage liens on the Homesites and Common Areas. The President
and Secretary of the Association shall certify, in the statement of termination, that
no less than two-thirds of the Board have voted for termination of this Declaration
and that 75% of the Owners of Homesites have voted for termination.
(e) The instrument effecting an amendment or termination of this
Declaration shall be recorded promptly after execution in the office of the
Recorder of Deeds of Cook County, Illinois, and the amendment or termination
provided for therein shall become effective and operative upon recordation.
29
17.8 Notices With Respect to Amendment or Termination. All parties who
have the right to participate in a vote relating to amendment or termination of this
Declaration shall have the right to initiate proceedings for amendment or termination of
this Declaration. Any such party desiring to initiate proceedings for amendment or,
termination, shall give at least ten days' prior written notice of the meeting at which
amendment or termination is to be considered. If Developer solely amends this
Declaration, in pursuance of the foregoing provisions providing for amendment by
Developer solely, then within fifteen days after adoption of the amendment, notice of the
amendment shall be given by Developer to all Owners, and each Owner, promptly upon
receipt of such notice, shall give notice of the amendment to the mortgagee of his
Homesite.
ARTICLE EIGHTEEN
General Provisions
18.1 Notices -- In General.
(a) Notices given pursuant to this Declaration or in connection therewith shall
be written, and shall be delivered in person or by mail. Notices of default, or
formal demands by any party hereunder to any other party shall be sent by
certified or registered mail, with request of return receipt. Notices shall be
deemed delivered on the date personal delivery is made or on the date of mailing.
Notices to an Owner may be given to the Owner at his Homesite, unless the
Owner has informed the Board of Directors of some other mailing address.
Notice to the Association may be given to the Association at an address selected
by the Board of Directors from time to time, or to the Homesite of the President
of the Board of Directors. Until development of Maison du Val Townhomes is
completed and Developer has transferred and assigned all its rights, powers and
obligations to the Association, all notices, which the Association would be
entitled to receive, shall be given to Developer. Notices in respect of meetings or
special meetings of the Board or of the Developer shall be given in accordance
with the provisions of the Declaration or of the By -Laws to be adopted by the
Board.
(b) Notice to the personal representative of a deceased Owner shall be
sent to the address furnished by such personal representative to the Association,
and if the personal representative furnishes no address, then notice to a deceased
Owner shall be given to decedent by writing directed to the Owner at such
Owner's Homesite.
(c) Notices -- To Mortgagees. Upon request of the mortgagee of any
Homesite, and payment of a reasonable charge therefore, the Association shall
give to such mortgagee a copy of every amendment to this Declaration.
18.2 Non -Waiver Except by Written Instrument. No conditions, covenants,
restrictions, reservations, grants or other provisions of this Declaration shall be deemed to
10
have been waived, by silence, or inaction, or failure to enforce rights or by any other
matters whatsoever, other than a writing executed by the party against whom the waiver
is asserted, which expressly states that a specified right or remedy is being waived. No
waiver shall be deemed to have been effected by the failure to enforce rights or remedies
of which a party is possessed, regardless of the number of breaches or violations of said
rights, which have occurred.
18.3 Liberal Interpretation. This Declaration shall be liberally construed so
as to facilitate and promote the objectives of this Declaration hereinabove set forth.
Narrow, technical, and literal construction of this instrument inconsistent with the
objectives of the Developer, the Association and the Owners shall be avoided.
18.4 INTENTIONALLY OMITTED
18.5 Partial Invalidity—Severability. The invalidity of any of the conditions,
covenants, restrictions or reservations herein contained, or of any other provision of
whatever nature of this Declaration shall not in any way impair or affect the validity or
enforceability of any other provision of this Declaration, and any such invalidity shall be
deemed partial and separable, and all of this Declaration shall be deemed valid, effective
and binding except for the invalid provision.
18.6 Gender, Usage of Singular and Plural Forms, and Other Usage.
Whenever the context so requires, use of the plural form shall include the singular, use of
the singular form shall include the plural or any gender shall be deemed to include all
genders. Prior to completion of development of Maison du Val Townhomes and to
Developer's transfer of its rights, powers and obligations to the Association or Owners,
all references to the rights, powers and obligations of the Association or the Board shall
be read as references to the rights, powers and obligations of Developer. The term "sale"
means a sale consummated by delivery of a deed to a Homesite.
18.7 Captions. Captions used in this Declaration are inserted solely as a matter
of convenience and shall not be relied upon or used in construing the text thereof.
18.8 Reliance on Association's Certification. A certification or statement that a
described act has been authorized, or in particular, that execution and delivery of a
described instrument has been authorized, signed by the President of the Board and
attested by a Secretary of the Board, shall sufficiently establish for all purposes that the
described act or instrument is the act or instrument of the Board and has been duly
authorized by the Board, and the said described act or instrument may be relied upon by
all parties.
189 Recordation. -Prior to consummation of the sale of the first Homesite in
Maison du Val Townhomes by delivery of a deed to said Homesite, this Declaration shall
be recorded in the office of the Recorder of Deeds of Cook County, Illinois. All
amendments to the Declaration shall also be recorded in said Recorder's Office.
This Declaration is executed by Emerald, Inc., an Illinois corporation. as
31
Developer as aforesaid, in the exercise of the power and authority conferred upon and
vested in it as such Developer (and Emerald, Inc., an Illinois Corporation, hereby
warrants that they possesses full power and authority to execute this instrument). It is
expressly understood and agreed by every person, firm or corporation hereafter claiming
any interest under this Declaration that Emerald, Inc., as Developer as aforesaid, and not
personally, has joined in the execution of this Declaration for the sole purpose of
subjecting the title holding interest to the terms of this Declaration; that any and all
obligations, duties, covenants and agreements of every nature herein set forth by
Emerald, Inc., as Developer as aforesaid, to be kept or performed, are intended to be kept,
performed and discharged by the corporation or its successors, and not by Emerald, Inc.
personally; and further, that no duty shall rest upon Emerald, Inc., either personally or as
such Developer, to sequester trust assets, rentals, avails or proceeds of any kind, or
otherwise to see to the fulfillment or discharge of any obligation, express or implied,
arising under the tenets of this Declaration, except where said Developer is acting
pursuant to direction, as provided, and after the Developer .has first been supplied with
funds required for the purpose. In the event of conflict between the terms of this
paragraph and of the remainder of the Declaration on any question or apparent liability or
obligation resting upon said Developer, the exculpatory provision hereof shall be
controlling.
IN WITNESS WHEREOF, the said Emerald, Inc., as Developer as aforesaid and not
individually, has caused this instrument to be executed by its duly authorized agent, all on
the date hereinabove set forth on the first page hereof.
Emerald, Inc., an Illinois Corporation
Its: esidcnt -
32
State of Illinois )
) SS
County of DuPage )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that Gerard Carey, as President of Emerald.. Inc., is personally
known to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that he signed and
delivered the said instrument as his free and voluntary act, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this() day of August, 2020.
rotary tu_lic
=-STATE
AL
GRAHAM
E OF ILLINOISRES:07103122
33
EXHIBIT A
Legal Description:
PARCEL 1:
THE WEST 420.57 FEET OFTHE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE
NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 14ALF OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF
THE THIRD PRINCIPAL MERIDIAN (EXCEPT'ITIE WEST 50 FEET TAKEN BY
CONDEMNATION CASE 83LS0482) IN COOK COUNTY, ILLINOIS,
PARCEL2:
THE EAST 370-57 FEET OF THE WEST 420.57 FEET OF THE SOUTH 80.00 FEET OF THE
SOUTH 178.00 FEET OF THE NORTH 37.50 ACRES OF THE WEST 75 ACRES OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH,
RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL3:
THE EAST 800 FEET OF THE NORTH 98.00 FEET OF THE SOUTH 178.00 FEET OF THE
NORTI-I 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 FAST OF
THETHIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL4:
THE SOUTH 80.00 FEET OF THE SOUTH 178.00 FEET (EXCEPT THE WEST 420.57 FEET
THEREOF) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF
OF THE NORTHWEST QUARTER OF SECTION 36, TO)NINSHIP 41 NORTH. RANGE 10
EAST OFTHE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
34
PARCEL 5:
THAT PART OF THE WEST 75 ACRES OF THE EAST HALF OF THE, NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 41, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
INTERSECTION' OF THE WEST LINE AS STAKED AND OCCUPIED OF THE EAST 286.87
FEET OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SAID SECTION, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED OF
SUNSET MANOR SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED APRIL
10, 1957, AS DOCUMENT NO. 16874058 AND THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, ALSO BEING THE
CENTER LINE OF NERGE ROAD THENCE NORTH 00 DEGREES 09 MINUTES 26
SECONDS EAST A DISTANCE OF 1064.87 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH 1602.0 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION, THENCE NORTH 87 DEGREES 31 MINUTES 04 SECONDS EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 149.38 FEET TO A POINT FROM PLACE
OF BEGINNING, THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST A
DISTANCE OF 95.00 FEET TO A POINT; THENCE NORTH 87 DEGREES 31 MINUTES 04
SECONDS EAST A DISTANCE OF 140.00 FEET TO A POINT ON THE EAST LINE OF
THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID
SECTION THENCE SOUTH 00 DEGREES 09 MINUTES 26 SECONDS WEST ALONG
SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 1602.0 FEET OF
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41,
NORTH, RANGE 10, AFOREMENTIONED, THENCE. SOUTH 87 DEGREES 31 MINUTES
04 SECONDS WEST A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING, ALL
IN COOK COUNTY, ILLINOIS.
PARCEL 6:
THAT PART OF LOT 2 IN FIRST AMERICAN BANK SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED BY BEGINNING AT THE SOUTHWEST CORNER OF SAID L.OT
2; THENCE NORTH 15.90 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE
EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT A DISTANCE OF 147.49 FEET;
THENCE SOUTHEASTERLY A DISTANCE OF 24.71 FEET, MORE OR LESS, TO A POINT
OF SAID SOUTH LINE WINCH IS 167.12 FEET EAST OF THE POINT OF BEGINNING;
THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 167.12 FEET TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PERMANENT INDEX NUMBERS: 07-36-101-117
07-36-101-022
07-36-101-023
07-36-101-024
07-36-101-025
35
:z al Description:
PARCEL 1:
THE WEST 420 57 FEET OF THE- NORTH 98 FEET OF T'IiE SOUTH 17$ FEE`T OF 'I"HE NORTH
37.5 ACRES O1 I IIE WEST 75 ACRES OFTHE IF EAST I-IALF OF THE NORTHWEST QtJARTER
OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST` OF TT-1E THWD PRINCIPAL
MERIDIAN (EXCEPT THE WEST 50 FEET TAKEN BY CONDEMNATION CASE 83LSO482) IN
COOK COUNTY, U LINOIS.
PARCEL 2:
THE EAST 370.57 FEET OF THE WEST 420.57 FEET OF THE SOU ,I`H 80.00 FEET OF THE SOUTH
178.00 FEET OF THE NORTH 37.50 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF
'THE NORTFWEST QUART -ER OF SECTION 36, TOWNSHIP 41 NORTH; RANGE 1.0 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK fY3`t.1NTY,11,Lf.NOIS.
PARCEL 3:
THE EAST 800 FEET OF THE NORTH 98.00 FEET OF THE SOUTH 178.00 FEET OF THE NORTH
37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SECTION 36, TOWNSI-IIP 41 NORTH, RANGE 10 EAST OF THE'THI.RD PRINCIPAI.,
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 4:
THE SOUTH 80.00 FEET OF THE SOUTH 178.00 FEET (EXCEPT THE WEST 420.57 FEET
THEREOF) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE
NORTHWESTQUARTER OF SECTION 36, TOWNSHIP 41 NOWITT, RANGE 10 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK C'>t.)UN`I'Y, ILL.INO:IS..
Permanent Index Numbers: 07-36-101-022 ; 07-36-101-024
07-36-101-025; 07-36-101-023
Address of Real Estate: 751 Meacham Road, Elk Grove Village, IL 60007