Cherry Brook Village Homeowners Manual of Declarations and Covenants

Cherry brook Village Homeowners association
Cherry Brook Village
Homeowner Manual
Cherry Brook Village Homeowners Manual of Declarations and Covenants

Table of Contents

Table of Contents

Chapter 1

Administration

1.General

2.Board of Directors

3.Board meetings

4.Annual Meeting

5.Management

Chapter 2

Advertising

1.Signs

2.Soliciting

3.Newsletter

Chapter 3

Architectural Rules

1.Administrative Procedures

2.Antennas

1.Type of Mountings Permitted/Prohibited.

2.Height Restrictions

3.Size Restrictions

4.Location of Device

5.Installation.

6.Removal

7.Architectural and/or Appearance Application.

8.Damage.

3.Fences

a.Material

b.Color

c.Height

d.Gates

e.Design

f.Privacy Screens

g.Courtesy

h.Smith Road and Dundee Road Exception

Fence Style Diagrams

Fence location diagrams

4.Decks

1.Material

2.Color

3.Dimensions

4.Location

5.Courtesy

6.Concrete Patios

5. Landscaping

1.Border type

2.Border color

3.Border height

4.Size

5.Gardens around pole lights

6.Storm Doors

7.Exterior Lighting

8.Flags

9.Retractable Awnings

1.Materials

2.Colors

3.Dimensions

4.Location

6.Maintenance

7.Window/Flower Boxes

1.Materials

2.Color

3.Dimensions

4.Design

5.Maintenance

11.Lamp Post Coach Light Design

Chapter 4

Assessment Policy

1.General

2.Delinquency

3.Late Charge

4.Local Proceedings.

5.Rule Violations.

6.Special Assessments.

7.Revocation of Privileges

Chapter 5

Enforcement of Rules

1.Declaration Provisions

2.Fine System

3.Procedural Rules

9.Time limitations

10.Hearing Body

11.Continuances

12.Burden of Proof

13.Enforcement

14.Definitions

15.Complaints

16.Notice

17.Penalties

18.Inconsistencies

Chapter 6

Garbage Collection

Chapter 7

Insurance

Town homes

Additions and Betterments Since

Owner’s Insurance

Common Areas

Chapter 8

Limitations, Use and Occupancy Restrictions

1.Animals

2.Commercial Activities

3.Nuisances

4.Easements

5.Auto Repairs

6.Creek Littering

7.Creek Bank Erosion

Chapter 9

Maintenance

1.Definition

2.Common Area

Chapter 10

Parking

1.Declaration Provisions

2.Campers, trailers, boats, pickup trucks, commercial vehicles, and travel homes

3.Parking Regulations

4.Overflow Parking Areas

Chapter 11

Party Walls

1.Repair and Maintenance

2.Architectural Conformity

Chapter 12

Sales and leases

1.Sales

2.Leases

3.Service Charge

Chapter 13

Safety

1.Fire

2.Tornado

Chapter14

Unit Owner Hints

1.Drainage

2.Frozen Pipes

3.Humidity

4.Ice Dams

5.Warranties

6.Product Information

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Cherry Brook Village Homeowners Manual of Declarations and Covenants

Chapter 1

Administration

Section:

  1. General. Cherry Brook Village Homeowners Association is a not-for-profit corporation of 252 town home owners. Each owner has one vote, which may be cast from time to time on certain issues. One of those issues is the election of six (6) persons to serve on the Board of Directors.
  1. Board of Directors. The Board of Directors of the Association is comprised of six (6) elected owners. Terms are three (3) years. The Board of Directors administers the functions of the Association. Board Members do not receivepay.
  1. Board meetings. The Board meets once a month. The exact date, location and time of the Board Meeting are published in the Association Newsletter.
  1. Annual Meeting. Each year, in the month of April, the members meet to elect or re-elect Board Members to fill the expiring terms. Notices will be sent to all owners.
  1. Management. The Board of Directors, pursuant to its powers, has retained the services of professional Management to handle the day to day management of the Association.

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Cherry Brook Village Homeowners Manual of Declarations and Covenants

Chapter 2

Advertising

Section:

  1. Signs. No advertising signs or billboards shall be erected, placed or permitted to remain on a Lot except as follows:
  2. One "For Sale" or "For Rent" sign of not more than five (5) square feetmay be maintained on a lot. However, said sign may be placed only in the lawnor the interior of a window.
  3. Garage sales shall be limited to the second weekend in June andcoordinated by the Cherry Brook Village Homeowners Association for allhomeowners to participate.
  4. All signs must be removed within 24 hours after the conclusion of thesale, lease, or garage sale.
  1. Soliciting.No soliciting is permitted on the property without prior written consent of the Board of Directors.
  1. Newsletter.Advertisement will be allowed at rates to be adjusted as needed.

Chapter 3

Architectural Rules

Section:

  1. Administrative Procedures. Homeowners requesting approval for architectural modifications, whether they are landscape or structural, must fill out in duplicate a "Landscape Permit" or "Architectural Change or Improvement" form depending upon the nature of the request and submit it to management. If the request is not routine on its face, the application will be considered by the Board and you will be notified of its decision. For your convenience, application forms are made a part of this manual. Depending on the nature of the modification, building permits may be required from the Village of Palatine. Please be advised that it is the responsibility of the individual homeowner to obtain such permits. In addition, no permanent structure can be placed over an existing utility easement
  1. Antennas. Over the Air Reception Devices

Whereas, the Association is bound by a set of recorded Declarations, By-Laws, and adopted Rules; and

Whereas, the Federal government has enacted the Telecommunications Act (Act) administered. by the Federal Communication Commission (F.C.C.); and

Whereas, the F.C.C. has promulgated regulations preempting certain restrictive provisions of all homeowner associations; and

Whereas, the Association desires to comply with the F.C.C. regulations specifically set forth in Section 207 of the Act;

Now Therefore, Be It Resolved, the following rules shall apply to devices covered by Section 207 of the Act in the interest of promoting the safety and welfare of the Association:

  1. Type of Mountings Permitted/Prohibited.
  1. Free standing on patio or deck - prohibited
  2. Fence/railing - prohibited
  3. Siding mounted – permitted
  4. Fireplace chimney mounted - permitted
  5. Roof mounts - prohibited
  6. Brick firewall mounted - permitted
  7. Pole Mounted on detached footing –permitted
  1. Height Restrictions
  2. DBS - Not more than 12 feet above roof level.
  3. MMDS - Not more than 12 feet above roof level.
  4. TVBS - Not more than height limitations above roof level as specified in local BOCA Code.
  5. Devices are to generally be mounted so they are not visible from front of unit.
  6. Detached pole mounted devices shall only be as high as necessary above a structure, patio or deck surface to give the device the required clear view of the transmitting signal antenna/satellite.
  1. Size Restrictions
  2. DBS - Dish shall not exceed 1 meter (39.37 inches) in diameter.
  3. MMDS - Dish shall not exceed 1 meter (39.37 inches) in diameter or diagonally.
  4. TVBS - Antennas shall be limited in size pursuant to local BOCA Code.
  1. Location of Device
  2. Rear of dwelling unit unless signal would be impaired
  3. Device may be mounted on owner’s side of firewall toward rear of unit.
  4. If rear of unit is not suitable, device shall be placed on side of dwelling unit or end unit.
  5. If rear and side of dwelling unit is not suitable, device shall only then be permitted in front of dwelling unit in a location as inconspicuous as possible. .
  6. Device shall not interfere nor obstruct exterior maintenance responsibilities of Association.
  7. Device shall not be located near power lines or other utilities, e.g. gas, water, phone, etc.
  8. Device shall not extend beyond unit lot lines.
  9. Devices are prohibited on Association common property.
  1. Installation.
  2. Device shall be grounded in accordance with N.B.C. and local codes
  3. Device shall be installed in complete accordance with Local codes and requirements. It shall be securely fastened as follows:
  4. Detached pole mounted devices shall be mounted on concrete footings poured below frost line. Device shall be anchored to said footings by corrosive resistant fasteners and the mounts shall be painted to match unit siding color.
  5. Siding mounted devices shall be anchored securely to a wall stud with corrosive resistant fasteners.
  6. Brick firewall mounted devices shall be anchored securely with corrosion resistant fasteners.
  7. All mounting masts or extensions, mounting brackets and corrosive resistant fasteners (except those furnished with the antenna by its manufacturer) shall be painted to match the unit siding color. If desired the antenna and it's factory furnished mounting materials (usually a medium gray color) may be painted to match the unit siding color. The goal of this painting requirement/permission is to help maintain the aesthetics of the community.
  8. All devices shall be able to withstand 100 mph winds without failure.
  9. All devices shall exhibit U.L. (Underwriters Laboratory) label.
  10. All devices shall comply with all ordinances, laws, regulations and industry standards.
  11. Any permits required shall be at owner's expense.
  12. All energy needed to operate said device shall be at owner's expense.
  1. No device shall impair the signals of other devices or any other type of signal.
  2. Owner is responsible for maintaining the paint or other finishes on the device and its mast, brackets, fasteners, or other associated hardware.
  1. All exterior wiring shall be neatly attached to the device and building structure and hidden from view as much as possible.
  1. Removal

Should the device be removed, owner shall restore premises to condition it was in prior to installation, wear and tear excepted.

  1. Architectural and/or Appearance Application.

Owner shall submit an Architectural and/or Appearance Application (Application) to the Association prior to installation. Said Application shall be acted upon by the Association no more than 30 days after receipt of a fully completed application along with required attachments.

  1. Damage.

Owner is responsible for any damage caused directly or indirectly by the device or installation or removal thereof.

Notwithstanding anything to the contrary, the Association shall have the right to install and maintain a master television antenna and transmission system to service the Property.

  1. Fences.
  2. Material Pressure treated preserved wood, or cedar.
  3. Color. A clear or cedar colored stain that will allow the color of the natural wood to showthrough.
  4. Height. All fences shall be four (4) feet tall following the contour of the property.
  5. Gates. One forty-two (42) inch wide gate shall be installed on each side of your fence located at the rearmost post. Notwithstanding anything to the contrary, units that back up to common areas may have one 42" wide gate which opens onto the common area.
  6. Design. All fencing shall be flat topped shadow box or board on board design as depicted inthe illustration in this manual. Posts must be a minimum of five (5) feet apart.
  7. Privacy Screens. A privacy screen (10' deep x 16' wide) around the patio deck or patio ispermitted. Said privacy screen shall be four (4) or six (6) feet tall following the contour ofthe property and of a design depicted in this manual.
  8. Courtesy. Property owners on either side of your lot must be notified of your intention toinstall fence before submitting your plans to the Architectural Committee.
  9. Smith Road and Dundee Road Exception. Due to noise and headlight pollution, the following fence requirements apply:
  10. Units that back UP to Smith or Dundee Roads.
  11. Height. Both rear and side fences shall be six (6) feet tall and follow the contour ofthe ground.
  12. Gate. One forty-two (42) inch wide gate shall be installed in the rear section of thefence.
  13. Units located at 213 Cherrvwood. 213 and 214 Fairfield.
  14. Height. These units shall have a six (6) foot tall fence following the contour of theground on the Eastern side only.
  15. Notwithstanding anything to the contrary herein contained, all other fencerequirementsstated in Section 4 shall apply.

Fence Style Diagrams

Fence location diagrams

  1. Decks.
  1. Material. Pressure treated preserved lumber, or cedar or composite material.
  2. Color. The color must be same as fence for those units that have fences. For those units that do not have fences, the color of the stain is up to the unit owner’s discretion. However, it might be appropriate to stain the deck the same color as either your siding or trim.
  3. Dimensions. Decks shall not exceed a depth of ten (10) feet and a width of sixteen (16) feet.
  4. Location. The width of the deck must be flush with the rear or side exterior walls, whereapplicable.
  5. Courtesy. Property owners on either side of your lot must be notified of your intention toinstall a deck before submitting your plans to management.
  6. Concrete Patios.
  7. Concrete patios are prohibited. However, ground level patios of the following materials shall be permitted:
  8. solid brick
  9. tile
  10. flagstone
  11. The patio shall be constructed on tamped crushed stone and sand-based (no concrete or concrete base shall be permitted).
  12. The area of the patio shall not exceed 10' x 16' or 160 sq. ft.
  13. Perimeter edging shall be required.

5.Landscaping

  1. Front lawn beds and area around front yard tree. Gardens will be permitted around the front yard tree subject to the following restrictions:
  1. Border type. Natural wood or masonry.
  2. Border color. Natural, eJU1h tone or gray.
  3. Border height. Borders shall not exceed six (6) inches above the surface of the soil.Recessed borders are preferred.
  4. Size. Gardens shall not exceed twenty four (24) inches in radius from the base of thetree.
  5. Gardens around pole lights and adjacent to the outside edge of sidewalks are restricted asfollows:
  6. Pole Lights. Flowers, or mulch or stone may be installed in a circular pattern nomore than six inches out from the pole light.
  7. Sidewalk Edge. Flower beds may be installed along the outside edge of the frontsidewalk provided they are no more than one (1) foot out from the edge. Further,flowers in said bed shall not exceed a height of two (2) feet.

Revised 5/24/11

6.Storm Doors

A. Material. Wood or metal frame.

B. Color. Aluminum, white, black, brown, or a color that matches the exterior wood trim.

7.Exterior Lighting

  1. Lights are defined as "Malibu" or tier lawn lights.
  2. A maximum of four lights can be used.
  3. Clear or translucent lenses are the only type permitted.
  4. Lights must be installed between the sidewalk and the front exterior wall of the unit.
  5. Wiring and transformers should be installed out of view to prevent tripping hazards.
  6. The lights must be directed toward the residence.

8.Flags

  1. Flags are permitted subject to the following restrictions.
  2. Restrictions.
  3. Flags shall only be displayed on the front and/or rear elevations of units.
  4. Flags shall be mounted on brackets attached to the dwelling unit. No free standing flag poles are permitted.
  5. Flag poles shall not exceed 8 feet in length.
  6. Residents shall not display more than one 3' x 5' flag, or in lieu of that, no more than two 2' x 3'flags on their dwelling units. (Maximum two flags per unit depending on size.)
  1. Retractable Awnings

Retractable awnings are permitted subject to the following restrictions:

  1. Materials. A fabric awning (such as, but not limited to Dacron or acrylic canvas) supported by a nonrusting, maintenance-free metal frame. The awning frame must be retractable and self-storing whilemounted to the house. The awning can be operated either manually or motorized.
  2. Colors. Solid cream, solid linen, solid white/natural, solid oyster. NO STRIPED awning will bepermitted.
  3. Dimensions. The awning is designed to be a deck or patio cover, providing protection from the sun.
  4. Location. The retractable awning will be mounted on the rear or non-street side of the unit. The
  5. Brandon model with a side deck or patio may mount the awning on the side of the unit.
  6. Maintenance. The retractable awning must be kept in good repair and the homeowner is responsible forall such repairs.

7.Window/Flower Boxes

Window/flower boxes are permitted subject to the following restrictions:

  1. Materials. Pressure-treated pine, redwood, cedar or cypress wood with a minimum 1" thickness. Nometal or plastic is allowed unless used as a liner inside the wooden box.
  2. Color. Box must be painted or stained to match the home's exterior paint colors of wood, siding or trim.
  3. Dimensions. Box must fit window space from outside edge:-to-outside edge. .. If space is longer than 5 feet, box should be in 2 sections (for easier handling). Minimum inside measurements should not be lessthan 8" deep and 10" wide.
  4. Design. Box must be mounted on a shelf attached to outer wall or on wood or non-rusting metal brackets; removable for painting, planting or storage; be in reach of the garden hose or from indoors to water; have ½ “holes placed "6-9" apart in bottom of box to allow for proper drainage of water (or else it becomes laden and heavy with water and can cause damage to the home's exterior).
  5. Maintenance. Box must be kept in good repair, just as fencing, decks and patios. Homeowner isresponsible for all such repairs.

11.Lamp Post Coach Light Design

Front lawn lamp post fixtures shall be no larger than 12" X 10". They shall be black in color, and colonial in style.

Revised 11/24/98

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Cherry Brook Village Homeowners Manual of Declarations and Covenants

Chapter 4

Assessment Policy

Section:

  1. General. The Association is funded by dues paid by each member. The dues are to be paid by the first of each month. Payment should be made by sending in your check payable to Cherry Brook Village Homeowners Association. Please use the payment cards and envelopes provided at your closing. If you did not receivethem, call management. You will not be billed for your monthly assessment.
  1. Delinquency.Any assessment not paid by the first of each month.
  1. Late Charge. A late charge of $10.00 shall be charged if payment is not received on or before the fifteenth of each month.
  1. Local Proceedings. The Association reserves the right to initiate legal proceedings against any homeowner who is delinquent. All court costs and attorney fees will be added to the arrearage of the homeowner.
  1. Rule Violations.Any penalties levied by the Board for Association rule violations not paid within fifteen (15) days of the Board's decision shall be deemed delinquent and subject to the above assessment enforcement procedures.
  1. Special Assessments.From time to time, the Association may levy a special assessment. All the above assessment procedures apply to special assessments.
  1. Revocation of Privileges. All Association privileges are automatically revoked if the unit owner is delinquent.

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