Heartland Residential Community

HEARTLAND RESIDENTIAL COMMUNITY

RULES AND REGULATIONS

Preface

These Rules and Regulations have been adopted with the intent of providing the residents of Heartland Residential Association with a practical plan for day to day living. Its goal is to maintain our community as a premier community association and to provide residents with common sense guidelines for living together as neighbors. A successful Association is a community of Owners who exhibit a pride of home ownership and share a common vision as to what constitutes a desirable neighborhood.

Membership in the Heartland Residential Association runs with ownership of the property. Each buyer of property within Heartland Residential Association is bound by the governing documents of the Association that include the By-Laws and Declaration of Covenants, Conditions and Restrictions and as subsequently amended thereafter. Homeowners are asked to consider the following:

Living in an Association means one must adhere to certain Rules and Regulations due to the necessity for architectural conformity and the demands of the Declaration and ByLaws, which exist for the benefit of our community and help to maintain our property values.

If you are found in violation and are fined, this action is taken because the Homeowners of the Heartland Residential Association consider it to be just and proper and in the best interests of the Association.

Effective application of the Rules and Regulations requires the cooperation of all residents of the Association. The best approach to resolving a difference with a neighbor is to talk to your neighbor directly. However, should this not resolve the problem, an official complaint can be filed with the Board. Each resident's cooperation and participation is encouraged.

SECTION I – INTRODUCTION

1.1The following Rules and Regulations flow from the Declaration of Covenants, Conditions, and Restrictions. It is not the intent of these Rules and Regulations to be a substitute for the Declarations and ByLaws.

1.2To the extent that the provisions of applicable law (federal, state or local), the aforesaid Declaration, ByLaws or the Rules and Regulations are in conflict, the provisions of applicable law shall take precedence, followed by the provisions of the Declarations and ByLaws, and then the Rules and Regulations.

1.3These Rules and Regulations are binding on all Homeowners, residents, their families, guests, invitees and agents. The Homeowner is responsible for compliance with the Rules and Regulations and will be liable for fines incurred and/or damages caused.

1.4The provisions of these Rules and Regulations can only be amended by vote of the Board of Directors in an open meeting following notice to the community of a pending change and allowing for a public comment at the meeting.

SECTION II DEFINITIONS

2.1Association

Refers to the Heartland Residential Association, hereinafter referred to as the “Association”.

2.2Assessments

The amount due from each Homeowner to fund common expenses.

2.3Board of Directors

Consists of members of the Heartland Residential Association community elected by the Association. They are responsible for the direction and administration of the Heartland Residential Association. Each member of the Board must be a Heartland Residential Association Homeowner. The Board of Directors is hereinafter referred to as the “Board”.

2.4ByLaws

Contains regulations for the administration and management of the Heartland Residential Association.

2.5The Declaration of Covenants, Conditions, and Restrictions.

The Declaration of Covenants, Conditions, and Restrictions that has been recorded with Kendall County against all properties within Heartland Residential Association is a legal document that creates the plan for the Heartland Residential Association, provides for deed covenants and restrictions of Owner’s rights. It sets up the relationship between the Owners and the Association and binds property Owners both present and future. Hereinafter referred to as the “Declaration”.

2.6Common Area

All those portions of the subdivision except platted lots and streets dedicated to the public.

2.7Property Manager

A professional hired by the Board of Directors to manage the daytoday affairs of the Heartland Residential Association.

2.8Properties

All real property, common and private, within the Heartland Residential Association as defined in the Declaration.

2.9Homeowners

Homeowners are the Owner(s) of record, beneficial Owners or beneficiaries of any trusts holding title to property in the Heartland Residential Community. All Owners must provide an address where written notices and assessment statements can be sent if other than to the property address. Homeowners are hereinafter referred to as “Owners”.

SECTION III GENERAL RULES

3.1Antenna and/or satellite rules - in order to keep the aesthetic appearance of the Heartland Residential Association in a good and orderly manner, the Board has adopted the following Rules and Regulations.

a. Any owner interested in installing an antenna and/or satellite dish one meter or less in diameter should notify the Board and obtain instructions for installation within seven (7) days from the date of installation. Antenna and satellite dishes greater than one (1) meter in diameter are prohibited.

b. Antenna and satellite dishes may only be installed on portions of property within the owner’s exclusive use or control. The Board is requiring antenna and satellite dishes to be installed in a manner so the antenna and/or dish are not visible from the front of the lot while standing at ground level.

c.Any deviations must be approved in writing by the Board of Directors prior to the installation of the transmitting antenna satellite dish.

d.No more than one (1) antenna and one (1) dish of each provider may be installed.

e. All antenna or satellite dishes shall be installed in compliance with these rules and Regulations. Any deviation from these Rules and Regulations without the written consent of the Board of Directors may result a fine. The Association reserves the right to levy a continuing and daily fine for each and every day an unauthorized antenna or satellite dish shall remain on the premises after the Owner has been notified to remove it, or advised to re-install the dish in conformance with the Rules and Regulations. The fine shall be set by the Board of Directors in accordance with the approved guidelines for fines.

3.2 Electronic Delivery of Notices

Any notice required to be sent or received pursuant to the Association’s Declaration, Bylaws, Rules and Regulations, or any Amendments thereto, may be accomplished using the technology generally available at this time including, but not limited to, electronic mail (email). To receive notices by electronic mail, owners must provide management with written authorization for electronic delivery and an electronic address to which such communications are to be electronically transmitted. A form has been provided by management for this purpose and must be completed and returned to management, where it shall be kept on file at all times.

3.3Electronic Voting Rules for Board Elections of The Heartland Residential Association

1. Board elections shall be conducted by electronic or acceptable technological means.

1. The Board shall establish an e-mail address or other acceptable technological means where all votes must be submitted, if the Owner chooses to vote via e-mail or other acceptable technological means. For those Owners who do not wish to submit a vote via e-mail or other acceptable technological means, the Owner may submit an Association-issued written ballot (physical document) in person at the election meeting.

1. No less than 10 and not more than 30 days before the election meeting, the Board shall distribute: (a) Notice of Meeting for the Election, (b) Association-issued ballot for those Owners who choose not to submit a vote electronically or by other acceptable technological means, and (c) specific instructions regarding the use of electronic means or acceptable technological means for voting.

1. The instructions and/or Notice of Meeting shall include: (a) the names of all candidates who have given the Board or its authorized agent timely written notice of their candidacy, (b) the opportunity for the Owner to cast votes for candidates whose names do not appear on the ballot, (c) that the Owner who submits a vote using electronic or acceptable technological means may request and cast a ballot in person at the election meeting and thereby void any vote previously submitted by that Owner, (d) the e-mail address of where to submit votes, and (e) the deadline to submit votes electronically or by acceptable technological means.

1. Proxies may no longer be used as part of the annual election process.

1. For Owners who submit votes by electronic transmission, the body (not the subject line) of the e-mail must contain the following:

(a)The date and time submitted, and

(b)The statement – “I ______[insert name] am the legal owner of the Property located at ______[insert property address] within the Association and I authorize this vote.”

e.Owners that submit votes by electronic transmission must cast their votes in the body of the e-mail. Cumulative voting is permitted and every member shall have the right to vote the number of shares owned by him, for as many persons as there are directors to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares shall equal, or to distribute them on the same principle among as many candidates as he shall see fit.

f. Owners that submit votes by electronic means must cast their votes by the deadline set forth in the election notice to be valid. Votes received after the deadline will not be included in the final tabulation.

g. Votes submitted electronically may be used to establish a quorum for the meeting.

1. The Board or its agent shall retain a properly reproduced copy of all ballots cast by electronic means for at least 12 months following the Board election.

1. An Owner may void a previously issued electronic ballot by attending the election and casting a new ballot.

1. A single master registration list of Units and Owners shall be kept at each election and marked when a ballot is issued for a Unit, including the means by which such ballot was issued. The master registration list shall also be marked to indicate the means in which the ballot was submitted.

3.4Garbage Cans

Garbage Cans Refuse or waste materialsmust be stored in secure containersandmust be stored out of sight. In addition, trash cans and recycling bins must be removed from the front curb following trash pick-up and are never to be stored in front of the houseorbe visible from the public streeton non-collection days.

3.5Pool Rules

1. Admission to the Association’s common element pool shall be denied to any unit owner that is “Not In Good Standing” with the Association.

1. Tenants or guests of unit owners “Not In Good Standing” with the Association shall also be denied admission to the Association’s common element pool.

1. A member “Not In Good Standing” shall be defined as (1) any member delinquent with any sums due and owing to the Association, including assessments, late fees, attorneys’ fees and fines as of the date entrance to the pool is sought; and (2) any member who has any matters pending before the Board, or its duly authorized committee, relating to fines, rules or covenant violations.

SECTION IV VIOLATIONS AND FINE POLICY

4.1Resident Cooperation

Unless the Board is notified of rules infractions by Owners, the rules cannot be enforced. While the Board does not serve as a police department or referee between disputing Homeowners, each resident's cooperation and participation is encouraged.

4.2Written Warnings & Violation Notices

Written Warnings and Violation Notices are issued by the Board and its agents to an Owner allegedly in violation of the Declarations or Rules and Regulations who has or whose family members, agents, guests, invitees or pets have allegedly committed a violation when one of the following occurs:

a.The Association receives a Witness Violation Complaint. A sample Complaint form is attached as Exhibit “A” to this publication or can be obtained from the Property Manager.

b.The Association receives a letter of complaint which includes 1) the name, address and phone number of the complaining witness, 2) the Owner's name and/or address where the alleged violating person(s) resides, and 3) the specific details or description of the violation including the date, time, and location where it was alleged to have occurred.

c.A Board Member issues a witness statement based on his or her own observations.

4.3Written Warnings

Written Warnings for the first offense of a particular rule will be sent by both regular U.S. mail service, and also by certified mail return receipt requested, or by personal delivery to the Owner of record or occupant. The warning will include specific details of the alleged violation(s) as well as steps that must be taken to rectify the condition and/or the consequences for subsequent violation(s). Request for a hearing to protest the Written Warning must be made within fourteen business days after receipt of the Written Warning.

4.4Notice of Violation (N.O.V.)

If subsequent violation complaints are received relative to the same alleged violation within a one year period of a previous complaint, or if the steps outlined in the Written Warning to correct the condition have not been taken, a N.O.V. will be sent, by both regular U.S. mail, and certified mail return receipt requested, or by personal delivery to the Homeowners. The N.O.V. will include the specific details of the alleged violation(s) with a copy of the amount of fine to be imposed by default unless a hearing is requested within fourteen business days after receipt of the N.O.V.

4.5Hearings

Provided the N.O.V. recipient Owner has properly requested a hearing, that Owner will be provided written notice of the time and place where the Board or its duly authorized agents will conduct a hearing to review the complaint. At that time, the N.O.V. recipient Owner will have the opportunity to present a defense to the complaint. All hearings will proceed with or without the presence of the Owner(s) who is in alleged violation. The person signing the Witness Statement may be present. The decision of the Board or its duly authorized agents shall be submitted in writing within five days of the hearing and such decision shall be binding upon all parties.

4.6Penalties / Fines

RULES AND REGULATIONS VIOLATIONS

1)1st offense Written Warning

2)2nd offense $25 fine

3)3rd offense - $50 fine

4)4th offense $75 fine

5)Legal action with unpaid accounts of $200 or more, unless stated different in the rules and regulations.

4.7Costs

In the event of any violation of the Rules and Regulations, Declarations or ByLaws of the Heartland Residential Community, the Board of Directors reserves the right to pursue any and all legal and equitable remedies to compel enforcement. Any and all costs and attorney's fees shall be assessed against the offending Owners and shall be a lien against the property until paid in full. Liens may be filed against the property with the Recorder of Deeds of Kendall County.

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