Covenant to be Included in Subdivision Covenants |
Stormwater Detention Basin |
A stormwater detention basin has been constructed within the subdivision, in accordance with the requirements of the municipal stormwater ordinance, and is so designated as “Detention Basin” on subdivision plat. The detention basin shall provide for the temporary detention of stormwater runoff from the subdivision to meet release rates as required by the municipality. |
The real estate upon which the detention basin is located, designated as Outlot A on the Plat, shall be deeded from the Developer to the Homeowner’s Association upon the sale of 75% of the lots within the Subdivision. |
The Developer as owner, and subsequent to the conveyance of title, the Homeowners Association as owner, shall be responsible for the following: |
a. An annual report on the detention basin condition, using the checklist, designated below, shall be submitted to the Zoning & Building Director or his/her designee. |
b. At five (5) year intervals, the basin shall be inspected by a professional engineer registered in the State of Illinois. A report of this inspection shall be submitted to the Zoning & Building Director or his/her designee within sixty (60) days of the inspection. The inspection shall include an evaluation of the checklist items in the checklist below. An annual report is not required the year the five-year report is due. |
c. The Developer, as owner, shall notify the Homeowners Association of its maintenance responsibilities and transfer basin maintenance records to the Homeowners Association. Each owner of an improved lot within the Subdivision shall be assessed by the Homeowners Association for the cost of maintaining the Detention Basin and for the cost of complying with the requirements of these covenants and the requirements of the municipality. The Declaration regarding the establishment of a Homeowners Association and the procedures for the assessment and collection of dues for the cost of maintaining the detention basin shall be filed and recorded by the Developer as a separate document. |
DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS AND CONDITIONS REGARDING THE ESTABLISHMENT OF A HOMEOWNERS ASSOCIATION FOR THE STORMWATER DETENTION BASIN SYSTEM AS LOCATED WITHIN |
Dated Filed _______________ |
To The Public |
This Declaration, made on the date hereinafter set forth by _______________, hereinafter referred to as “Declarant.” |
WITNESSETH: |
Whereas, Declarant is the owner of certain property in the County of Rock Island, Illinois, which is more particularly described as: |
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property, and for the purpose of complying with stormwater retention requirements of the County of Rock island. These covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of each owner thereof. |
ARTICLE I. |
DEFINITIONS |
1. “Association” shall mean and refer to Homeowners Association of ________, Inc., an Illinois non-profit corporation, its successors and assigns. |
2. “Properties” shall mean and refer to that certain real property hereinbefore described, more particularly described as: Lots through _____ of ____, County of______, Illinois, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. |
3. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map or plat of the properties. |
4. “Member” shall mean and refer to every person or entity who hold membership in the association. |
5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. |
6. “Declarant” shall mean and refer to _______ (Developers Name), to successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of Development. |
7. “Developer” shall mean the same as “Declarant.” |
ARTICLE II |
MEMBERSHIP AND VOTING RIGHTS |
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. |
ARTICLE III |
ESCROW FUND FOR MAINTENANCE |
The primary source of funds for maintenance of the master stormwater detention system shall be an escrow fund. Declarant shall establish the Escrow Fund at some local banking institution at such time as the first lot in The Properties is transferred to an owner other than the Declarant. The Association shall have the power to expend the escrow fund for maintenance authorized in accordance with the provisions of Article V. |
ARTICLE IV |
COVENANT FOR MAINTENANCE ASSESSMENT |
1. Creation of the lien and Personal Obligation of Assessments. The Declarant, for each improved Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a Deed therefore, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, such assessments to be established and collected from time to time as hereinafter provided. The term “Improved Lot” shall mean any lot having a building erected thereon and ready for occupancy as approved by the County of _______, Illinois. The annual assessments, together with interest, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each assessment together with interest, costs and reasonable attorney’s fees for collection, shall also be the personal obligation of the person or entity who was the owner of such property at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. |
2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to maintain the stormwater detention basin system, as provided for under the Restrictive and Protective Covenants of The Board of Directors of the Association shall establish a budget by January 1st of each year and shall levy an assessment upon each improved Lot without the Subdivision by February 1st of each year, payable by the 1st day of May. |
3. Notice and Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the purpose of establishing the budget and making the assessment shall be sent to all members not less than 15 days nor more than 30 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast 50% of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. |
4. Uniform Rate of Assessment. Annual assessments must be fixed at a uniform rate for all improved Lots and shall be collected on an annual installment basis, except as hereinafter provided. |
5. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all improved Lots on the first day of the month following the conveyance of any such improved Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The annual assessment shall be paid in one annual payment, and the due dates and delinquency dates shall be uniformly established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot are current or delinquent. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. |
6. Effect of Non-payment of Assessments: Remedies of the Association. Any annual payment not paid within 30 days after the due date shall bear interest from the date of delinquency at the rate of 10% per annum. The Association may bring any action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property by an action in equity. In any such action, interest, costs and reasonable attorneys fees shall be added to the amount of the delinquent assessment and collected as part of said judgment. In the event of such foreclosure, if the Association waives any and all rights to a deficiency judgment against the Owner, the period for redemption as provided by the statutes of the State of Illinois shall be reduced to six months from the date of foreclosure sale. Any lot ultimately acquired by the Association through Judges Deed after such a foreclosure shall be sold by the Association within a reasonable time either at public or private sale, and any surplus remaining after the payment of assessments, interest, costs and attorney’s fees shall be paid over to the former Owner of said Lot. No Owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the Detention Basin or by abandonment of his Lot. |
7. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage placed upon any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to Mortgage foreclosure or any assessments as to payments which became due prior to such sale or transfer, provided that such sale or transfer shall not extinguish the personal obligation of the prior Owner or his heirs, successors or assigns, for payment of such assessment. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. |
ARTICLE V |
GENERAL PROVISIONS |
1. Enforcement. The Association, or any Owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants or reservations now or hereafter imposed by the provisions of this Declaration. The Association shall have the sole right to enforce, by proceedings at law or in equity, the liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. |
2. Severability. Invalidation of any one of these covenants or restrictions by judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect. |
3. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of 21 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years each. |
4. Amendment. This Declaration may be amended during the first 21 years period by an instrument signed by not less than 75% of the Lot owners and thereafter by an instrument signed by not less than 65% of the Lot Owners, provided, however, that no such amendment shall be valid or effective until is has been, and a certified copy of said resolution, and a certified copy of the amendment adopted by the Lot Owners, having both been recorded in the office of the Recorder of Rock Island, Illinois. |
By: _____________________________ |
OWNER AND DECLARANT |
By: _____________________________ |
OWNER AND DECLARANT |
(Ord. passed - -)