KINGSBROOK CROSSING HOMEOWNERS ASSOCIATION
RULES & REGULATIONS
Article I
General Information:
All rules, regulations, restrictions, covenants, and definitions contained in the Declaration are incorporated as part of these Rules and Regulations. To the extent that the provisions of applicable law, the Declaration, or the Rules and Regulations are in conflict, the provisions of applicable law shall first control, followed by the Declaration, By-Laws, and the Rules and Regulations, in that order.
These Rules and Regulations are binding on all unit owners, residents, their families and guests. Exceptions to the Rules and Regulations may be made only in a writing, signed by the Board or its duly authorized agents following a written request by a unit owner.
Article II
Use, Occupancy and Appearance of the Property:
Section 2.01: Trash:
(a)Trash shall not be put out on the curb earlier than the evening before trash pick-up. Empty containers must be removed from the curb by the end of the day on trash collection day, or can be removed by the Association.
(b)Unit owners should mark their unit address on the trash containers and recycling bins for proper identification.
(c)Trash containers must be stored indoors.
(d)Newspapers and other advertisement materials delivered to your living Unit shall not be allowed to accumulate. They must be removed within 24 hours of delivery.
Section 2.02Garage Sales:
(a)The temporary use of “garage sale” signs is limited to one (1) sign that may not exceed four (4) square feet and may only be placed in the mulch area of the unit between the sidewalk and the garage. The garage sale sign may only be displayed beginning thirty (30) minutes prior to the start of the sale, and must be removed at the close of the garage sale each day.
(b)Garage sales may not begin prior to 8:00am, and must end by 5:00pm each day.
Section 2.03:Noise Disturbances:
(a)Unit owner(s) and tenant(s) are responsible for ensuring that the resident(s) of his or her unit (including the unit owner) and/or guest(s) do not create unusual or excessive noise or disturbances in or around the unit. This includes, but is not limited to, stereos or other loud music, televisions, automobiles, motorcycles, pets, parties, etc.
(b)Consideration of your neighbors should be given by lowering the noise level after 10:00pm. Enforcement will be by a telephone call to the Village of Oswego, Illinois Police Department.
Section 2.04:Vehicle Repairs:
(a)Vehicle repairs must not be performed in the driveway or the guest parking area.
(b)Any oil leakage shall be repaired at the owner’s expense as soon as is possible.
(c)Any vehicle repair that, in the sole opinion of the Board, causes any type of nuisance, fire hazard, or annoyance to a neighbor(s), is prohibited.
Section 2.05:Exterior Lighting:
(a)Front exterior lights must be clear or white frosted bulbs of appropriate wattage, not to exceed sixty (60) watts, so as not to interfere with neighbors.
(b)The installation of floodlights attached to patios, decks, or other exterior portions of the building is prohibited.
(c)Landscape lights are permitted, but they require prior written approval from the Board. The number of lights shall not exceed one (1) light every three (3) linear feet. All lights are to be placed only in the mulched areas of the unit. Any wiring must be buried in the mulch so as not to present a hazard. Each Owner shall be solely responsible for the repair and maintenance of the exterior landscape lights placed on his or her Townhouse Unit.
(d)All exterior lights shall be maintained, repaired and replaced by the Association. .
Section 2.06:Use of Patios, Decks, and Walkways:
(a)Patios and/or decks shall not be used for the storage of garden tools, bicycles, or other items that detract from the general appearance.
(b)The storage of grills on decks and/or patios is permitted. However, grills must be stored away from the siding attached to the Townhouse Units. In the event the siding of a Townhouse Unit is damaged as a result of the use or storage of a grill, the Owner responsible for the grill causing the damage shall be solely responsible for the cost of repair and/or replacement of the siding.
(c)The storage of outdoor furniture on decks and/or patios is permitted. However, outdoor furniture must be restricted to the deck and or patios area, and may not be stored on the grass.
(d)All grills must have a lid or a grate over the heat source in order to restrict flames.
Section 2.07:Seasonal Decorations:
(a)Holiday lighting and decorations may only be displayed for a period of time not to exceed thirty (30) days prior to the holiday and fifteen (15) days after the holiday, except that the removal may be delayed in cases of inclement weather.
(b)Outdoor lights may only be hung/secured to the unit with adhesive hooks and/or plastic gutter hooks. Colored light bulbs coordinating with the holiday may be placed in outdoor light fixtures.
(c)All outdoor decorations must be staked and placed immediately adjacent to your unit. No decorations will be permitted on the roof, beams or Common Areas. Electrical cords cannot obstruct snowplowing or shoveling.
(d)Neither the Association, nor its vendors, shall be responsible/liable for any damage to the decorations or as a result of their installation.
Section 2.08:Pools:
(a)No aboveground pools are permitted. However, a temporary children’s wading pool may be situated on a unit, provided that it is no larger than five (5) feet in diameter.
Section 2.09:Portable hot tubs:
(a)Portable hot tubs will be permitted, but the only permitted hot tubs are those that are portable and that plug into an electrical outlet (120 V hot tubs). However, no portable hot tub may be installed unless prior written approval of such portable hot tub has been granted by the Board. All portable hot tubs shall be removed for necessary maintenance of the patio areas at the request of the Association. Prior to installation of a portable hot tub, the owner wishing to install the hot tub must present the Board with written evidence that the portable hot tub is covered by the owner’s homeowner’s insurance or some other type of comparable supplemental insurance. Said insurance must cover the full replacement value of any areas damaged by the portable hot tub including the deck, patio, limited common elements, common elements and/or adjoining properties.
Section 2.10:Political signs:
(a)All political signs including, but not limited to, signs advocating or supporting a political candidate and/or a certain position on a referendum vote are prohibited from being displayed in the Association.
Article III
Pets and Animals:
Unit owners/residents are advised that all regulations of the Village of Oswego, Illinois also apply to animals in Kingsbrook Crossing homes. Village of Oswego, Illinois ordinances state that pets and animals of unit owners/residents are not permitted to run free throughout the village.
Unit owners/residents are responsible for the immediate removal and disposal of all animal waste from their pets and animals.
Pets and animals must be controlled and shall not be allowed to create a nuisance or unreasonable disturbance or to damage the property of any resident or any Common Area.
Pets and animals are not allowed in the ponds under any circumstances.
Article IV
Parking
Parking of vehicles must not obstruct other vehicles legally parked in other driveways. Parking of vehicles must be in authorized parking areas only.
Parking of disabled vehicles, vehicles in disrepair, and vehicles with expired licenses for more than forty-eight (48) hours is prohibited without prior approval by the Board.
Vehicles in violation of any parking regulations are subject to fines imposed by the Village of Oswego, Illinois.
Article V
Landscaping Rules
Section 5.01:Ponds:
(a)No swimming, wading, skating or other recreational water activities is permitted in or on the ponds.
(b)There shall be no throwing of stones or other items into the ponds.
(c)No pets are permitted in the ponds.
(d)There shall be no feeding of ducks, geese or other waterfowl by the residents or owners.
Section 5.02:Alterations and Additions:
(a)Any alterations to the exterior of the building must be approved by the Board through the written submission of an Alterations and Additions Application.
(b)Permanently attached flower boxes are not permitted on the deck or any part of deck and railings. Porch swings, which are hung from supporting chains or other devices attached to the buildings are not permitted.
(c)Yard ornaments, including, but not limited to, statues, birdbaths, bird feeders, gazing balls, sundials, decorative benches, shepherd hooks, etc., shall only be placed in the mulched areas surrounding the building and sidewalk to the unit.
(d)Temporary announcements such as birth, birthday, anniversary, etc., will be allowed for a maximum of one (1) week. Like any other yard ornament, these types of announcements must be placed in the mulched areas of the same location.
(e)The Association shall not be responsible or liable for any damage resulting from the installation of the yard ornaments or any damage to the yard ornaments.
(f)The use of Tiki torches is prohibited.
(g)The use of outdoor fireplaces is permitted, provided that they have a lid or grate to restrict flames.
(h)Electric bug killing devices are not permitted.
(i)The use of decorative bark other than which is supplied or approved by the Board is not permitted. Mulch used for “patching” must be similar to what was used so as to blend into the surrounding mulched areas.
(j)Planting fruits, herbs, and vegetables such as tomatoes, corn, cucumbers, parsley, chives, basil, strawberries, etc., in the mulched areas is not permitted.
(k)The planting of trees, shrubs, bushes, or any other plants requires the prior approval of the Board via an Alterations and Additions application and must include location planting.
(l)Any owners’ plantings approved by the Board must be properly maintained. If, in the opinion of the lawn maintenance contractor, plantings are improperly maintained the Board reserves the right to levy fines, in order to insure proper plant maintenance.
(m)Vines and other invasive climbing plants are prohibited.
(n)The use of trellises is prohibited.
Section 5.03:Landscape Watering and Maintenance:
(a)The Association shall maintain and replace all landscaping in the Association. The cost of landscaping on each lot shall be charged back to the owner of that lot.
(b)Watering of the landscaping (sod, trees, bushes, etc.) in the community is the responsibility of the homeowner. All residents are encouraged to water their immediate area, including the parkway or tree bank, so as to maintain a healthy lawn, trees and other landscape plants.
(c)All watering is to be done in accordance with Village of Oswego, Illinois ordinances.
Article VI
Use Restrictions
Section 6.01:No noxious or offense conduct:
(a)No noxious or offensive activity shall be allowed on any portion of the property, nor shall anything be done on the property that would tend to cause embarrassment, discomfort, annoyance or nuisance to any person using any portion of the property. No plants, animals, device or thing of any sort shall be maintained on the property whose activities or existence in any way is noxious, illegal, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the property.
(b)No activity shall be allowed on any portion of the property that creates a harmful impact on the general appearance of the property.
Section 6.02:Large toys:
(a)Large toys shall not be consistently placed in the same location so that they damage the grass. These items must be picked up and properly stored daily. Any damage caused by these items will be the responsibility of the unit owner.
Section 6.03:Bicycles, Skateboards, etc.:
(a)The riding of bicycles on the lawn is prohibited. The use of ramps for bicycles, skateboards, roller/in-line skates, etc. is prohibited.
Section 6.04:Basketball hoops:
(a)The installation of basketball backboards and hoops attached to buildings is prohibited.
(b)Temporary, portable basketball hoops are permitted, however they may not detract from the general appearance of the Townhouse Unit. Whether a portable basketball hoop detracts from the general appearance of a Townhouse Unit shall be determined solely by the Board in its discretion. No portable basketball hoop may interfere with the use of the walkways or driveways.
Section 6.05: Initialing/Monogramming:
(a)The addition of initials or monograms is not permitted on the exterior of the building on areas including, but not limited to, the brick areas, wooden areas or posts, or the garage doors.
Section 6.06: Windows:
(a)The temporary use of a neutral colored window covering is permitted only during the first ninety (90) days of ownership.
(b)Window air conditioners and window fans placed in a window are prohibited.
Article VII
Enforcement Procedures
Section 7.01:Violations:
(a)The basis for issuing a Notice of Violation must be in accordance with the Declaration, By-Laws or Rules and Regulations. If someone is believed to be in violation of any of these provisions, a signed written complaint must be submitted by a unit owner and delivered to the management company by U.S. Mail or by facsimile. The written complaint submitted by a unit owner must contain the information requested in the “Violation Complaint” witness statement form (attached to these Rules and Regulations). The complainant’s letter will be acknowledged by the Association or its authorized agent.
Section 7.02:Complaint:
(a)When a complaint is made, the Association or its authorized agent shall notify the unit owner in writing of the alleged violation. Delivery shall be deemed served at the time of delivery, if done by personal delivery, and if done by mail, then it shall be deemed served four (4) days after the complaint is deposited in the U.S. Mail. The notice shall be sent by both regular first class mail and by certified mail/return receipt requested, postage prepaid, to the unit owner at their unit address that was previously filed with the Board. Deliver shall be deemed served if either the return receipt is signed and returned, or the notice sent by regular mail has not been returned to the Association as undelivered. For units held in trust, the notices may be sent either to the address of the trustee or to the address of the beneficial owner of the trust.
(b)If any unit owner charged with a violation believes that either no violation occurred or that he or she has been wrongfully or unjustly charged, then the unit owner must proceed as follows:
(1)The homeowner must request a hearing by submitted the Request for a Hearing form included with the Notice of Violation. The homeowner must then appear for the hearing at the time and place set by the Board. At such hearing the homeowner will have an opportunity to protest the alleged violation. The hearing will be held on the scheduled date and time and will proceed even if the homeowner fails to be present.
(2)At the hearing, the Board or a committee appointed by the Board and provided for in the Declaration or By-Laws shall hear and consider arguments, evidence or statements regarding the alleged violation. After a full hearing, the Board or appointed committee shall state its determination regarding the alleged violation on the Notice of Determination Regarding Violation. Based on the recommendation from the hearing, the decision by the Board shall be final and binding on the unit owner and/or resident.
(c)Payment of any assessments, charges, costs or expenses made pursuant to the provisions contained herein shall not become due and owning until the Board has completed its determination. Notification of the Board’s determination shall be made to the owner in writing.
(d)In the event the alleged violation is such that serious, immediate, or irreparable consequence may occur, the Board may elect to take immediate constructive action prior to the review. Any legal expenses and costs incurred will be assessed to the unit owner.
(e)Any other like violations issued within this period are subject to the table of fines listed below.
Section 7.03:Fines for Violations:
(a)Violation of any of the Rules and Regulations is subject to the following fine structure:
(1)1st Notice of violation—no fine imposed if conduct corrected to conform with Rules and Regulations within fourteen (14) days of notice.
(2)2nd Notice of violation for the same offence—results in a twenty-five dollar ($25.00) fine.
(3)3rd Notice of violation for the same offence—results in a fifty dollar ($50.00) fine and an additional fifty dollar ($50.00) fine per day until such violation is corrected.
(b)After the third Notice of Violation for the same offence, the Board reserves the right to use any remedies available under the Declaration, By-Laws, and the Illinois Community Property Act.
(c)Should an owner delay in the payment of fines, said owner and fines will be referred to the Association’s attorney for collection in the same manner as late assessment payments are now referred.
Kingsbrook Crossing Homeowners Association
Rules and Regulations Violation Complaint
Please Note:A violation complaint form must be completely filled out in order to be considered by the Association Board of Directors. After this report has been filed, it may be necessary for the complainant to appear at a hearing conducted by the Board. The alleged violator(s) will also be asked to attend this meeting. (In the event that the violator(s) is a tenant, the presence of the unit owner will also be requested). After reviewing the complaint, the Board will determine if a violation has occurred, what action should be taken, and what fines, if any, should be levied.