(A) Applicability. For any subdivision, planned development, or other development of property comprised of individually owned units that results in common areas or shared facilities, a declaration in accordance with 765 ILCS 160 or 765 ILCS 605 containing all applicable covenants, conditions, restrictions, or easements shall be required.
(B) Application. The declaration and all other applicable instruments shall be in a form approved by the Village Attorney and suitable for recording with the DuPage County Recorder's Office. They shall be reviewed by the Village Attorney and revised as needed prior to approval of the subdivision, planned development, or other development.
(C) Declaration. The declaration shall ensure the use, maintenance, control, and continued protection of common areas and shared facilities, including but not limited to:
(1) Sanitary sewers and water distribution systems;
(2) Minor and major stormwater systems;
(3) Post-construction best management practices;
(4) Vehicular and/or pedestrian ingress and egress, including cross-access drives or roads;
(5) Parking facilities; and
(6) Open space and recreational facilities.
(D) Association point of contact required. For all associations, a point of contact for the board, or management company, if applicable, shall be provided to the Community Development Director within 30 calendar days of any election or change.
(E) Right of village to maintain. In the event that the developer, owner(s), or association fails or is unable to maintain, repair, protect, or control any of the common areas or shared facilities, the village, upon reasonable written notice, except in an emergency, shall have the right, but not the obligation, to perform reasonable repair and maintenance, to correct material deficiencies, and to take such other actions as are deemed necessary by the village to maintain and protect the common areas or shared facilities, and charge the reasonable costs and expenses thereof. Under no circumstances shall the village have any responsibility or duty to perform said actions.
(F) Special service area. The owner(s) of the property comprising the subdivision, planned development, or other development of property containing common area or shared facilities, or the village, shall take all actions as necessary to establish a special service area over the property comprising the subdivision, planned development, or other development containing common areas or shared facilities, for the purpose of ensuring that:
(1) The common areas and shared facilities may be maintained, repaired, or replaced in the event the developer, any subsequent property owner, or the homeowners association refuses, fails, or is unable to perform maintenance, repairs, or replacement work on such common areas or shared facilities; and
(2) The payment of the actual costs, expenses, administrative costs, consultant fees, and legal fees incurred by the village including, but not limited to, insurance premiums for liability insurance coverage, in connection with maintaining, repairing, or replacing the common areas or shared facilities.
(G) Declaration amendments. No amendment materially changing the terms and conditions of the declaration shall be made alleviating the developer, owner(s), or association from its responsibility for the continued use, maintenance, control, and continued protection of all common areas and shared facilities.
(Ord. 2021-05-15, passed 5-3-2021)