The Lofts at Lake Arlington Towne
General Information
and
Rules and Regulations
The Association is
professionally managed by
Property Specialists, Inc.
Adopted: //2013
Table of Contents
Section Page
Purpose 3
Emergencies 4
Definitions 4
Assessment Collection 5
Violation Enforcement Procedures 6
Specific Provisions 9
1. Access to Buildings 9
2. Alterations and Additions 9
3. Bird Feeders 9
4. Doors and Windows 9
5. External Firewood 10
6. Garage Doors 10
7. Garage, Moving, Estate Sales 11
8. Garbage and Recycle 11
9. Insurance 11
10. Landscape & Adornments 12
11. Leases, Tenants and Nonresident 14
12. Moving 16
13. Noise and Other Activity 16
14. Parking, Storage and Movement of Vehicles 17
15. Enforcement of Vehicle Rules 19
16. Patios, Decks and Surrounding Areas 20
17. Patio Expansion Specifications 21
18. Pets 21
19. Ponds 22
20. Repairs 22
21. Satellite Dishes & Cable Service 22
22. Security 23
23. Signs 23
24. Use of Common Elements 23
25. Village of Arlington Heights Ordinances/Safety tips 25
Exhibit A - Violation Complaint
Exhibit B - Notice of Violation
Exhibit C - Request for Hearing
Exhibit D - Determination Regarding Violation
Exhibit E - Architectural Improvement Application Form
Exhibit F - Rider to Lease
Maintenance Responsibility Chart
PURPOSE
The purpose of these Rules and Regulations is to implement the authority granted to the Board of Directors of the Lofts of Lake Arlington Towne (hereinafter referred to as “the Board”), located in Arlington Heights, Illinois, as set forth in the Declaration and By-Laws of the Association, to adopt such reasonable rules and regulations governing the use, occupancy, administration and maintenance of the condominium property for the mutual use, benefit and enjoyment of the Owners.
Adherence to these rules will help make this residence a friendly, safe and comfortable place to live. These rules and regulations have been adopted by the Board and published in accordance with the Declaration of Condominium Ownership, as amended from time to time.
Please be aware that the rules and regulations published in this booklet are effective immediately and any Owner in violation of these rules will be fined accordingly. Hence, it is important that the Owner fully understands the material contained in this booklet.
In addition, the following points are to be considered part of the Rules and Regulations of the Lofts Association:
1. All costs related to the enforcement of any Rule or Regulation, including reasonable attorney fees, will be the responsibility of the Owner.
2. The Board retains the right to forward any matter relative to the violation of the Rules and Regulations to the Association’s attorney at any time.
3. The Association is not responsible for any loss or damage to an Owner’s (or their tenant’s) belongings in the event the Board is forced to gain entry to a unit to correct a violation that threatens the property of the Association or another unit.
4. Owners may not instruct one of the Association’s contractors (landscapers, painters, carpenters, etc.) to perform a task for which they have not been contracted. Requests for service are to be directed to the Office at 847.253.1140.
5. Owners that perform maintenance tasks without the prior approval of the Board will be charged for any damage they cause to the property, and/or charged for the costs of material and labor to return the property to its original condition.
6. The Board reserves the right to instruct an Owner to cease and desist in any action or behavior that the Board feels violates the spirit or intent of the Rules and Regulations. Failure to comply will result in enforcement as enumerated in the General Table of Penalties.
EMERGENCIES
As provided in the Declaration of Condominium, Article Four, Section 4.05, repairs and replacement of the Common and Limited Common Elements shall be undertaken by the Board as part of the Common Expense. Each Owner shall furnish and be responsible, at his expense, for all the maintenance, repairs and replacements within his Dwelling Unit and the Exclusive Limited Common Elements appurtenant thereto and shall keep them in good condition and repair.
The Board may, at its discretion and to protect the Common Elements or any other portion of the Condominium Property (especially in an emergency or damages caused by Acts of God), cause maintenance or repair services to be performed within a Dwelling unit or to the Exclusive Limited Common Elements. In the event of an emergency, Owners should immediately notify the Office at 847-253-1140. When the Office is closed, an Owner may reach the Association’s answering service, which will promptly notify Management of the emergency.
DEFINITIONS
1. Association - The Lake Arlington Towne Lofts Condominium Association, an Illinois not-for-profit corporation, its successors and assigns.
2. Board - The Board of Directors of the Association, as constituted at any time or from time to time.
3. Building - That portion of the Condominium Property which consists of a structure which contains Dwelling Units, including the structural components of such structure, the entryways, corridors, stairways, roof, laundry room, storage facilities, garage and other portions of the structure.
4. By-Laws - The By-Laws of the Association which are attached to the owner’s copy of the Declaration.
5. Common Elements - All of the Condominium Property, except the Dwelling Units.
6. Common Expenses - The expenses of the administration (including management and professional services), maintenance, operation, repair, replacement, and additions, alterations, or improvements to the Common Elements; the cost of insurance required or permitted to be obtained by the Board under Article Five; utility expenses for the Common Elements; any expenses designated as Common Expenses by the Act, this Declaration, or the By-Laws; if not separately metered or charged to the Owners, the cost of waste removal, water, sewer, or other necessary utility services to the Condominium Property; and any other expenses lawfully incurred by the Association for the common benefit of all of the Owners.
7. Garage - A portion of the Exclusive Limited Common Elements which is designated on the Plat as a “GARAGE” consisting of a covered parking space for an automobile. Each GARAGE shall be an Exclusive Limited Common Element appurtenant to the Dwelling Unit to which it is assigned as provided herein. Each GARAGE shall be identified on the Plat by a distinguishing number or other symbol.
8. Limited Common Elements - A portion or portions of the Common Elements which are designated by this Declaration of the Plat as being a Limited Common Element appurtenant to and for the exclusive use of Owners of one or more, but less than all, of the Dwelling Units.
9. Exclusive Limited Common Elements - Without limiting the elements in Paragraph (8) above, Limited Common Elements assigned and appurtenant to each Dwelling Unit are Exclusive Limited Common Elements and shall include the following: (a) perimeter doors including patio doors, garage doors and windows which serve the Dwelling Unit, (b) the interior surface of the perimeter walls, ceilings and floors which define the boundary planes of the Dwelling Unit, and (c) any system or component part which is located outside the boundaries of the Dwelling Unit, defined as any patio or balcony adjoining a Dwelling Unit and each storage area, if any, assigned to a specific Dwelling Unit.
10. Owner - A Recorded Owner, whether one or more Persons, of fee simple title to any Dwelling Unit, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. The Declarant shall be deemed to be an Owner with respect to each Dwelling Unit owned by the Declarant.
ASSESSMENT COLLECTION
I. STATEMENT OF POLICY
ACTION DATE OF ACTION
A. Assessment of Due Date First of the Month
B. End of “GRACE” Period 15th of the Month
C. Add Late Charge of $25.00 16th of the Month
D. Notice of Intent to File 16th of the Second Month
Forcible Detainer Action
E. File Forcible Detainer 30 Days after Letter
Starting Intention to File is Sent
II. All of the above actions will be taken AUTOMATICALLY in each
and every case. Consistency of application of the Collection Policy
will avoid charges of special and unusual application of the By-Laws
by delinquent Owners.
III. Any and all legal fees incurred by the Association in an attempt to
collect assessments will be charged to the Owner as provided
in the Declaration and By-Laws.
IV. Repair fees, Tax Protest fees, Violation fees and Special Assessments
that are not paid by the Owner within 30 days of the invoice or due date
will be assessed a $25.00 late fee and the owner will be responsible for
all legal fees incurred by the Association in an attempt to collect
this debt, including the application of a property lien.
A DIRECT DEBIT PROGRAM IS AVAILABLE FOR PAYMENT OF THE OWNER’S ASSOCIATION FEES. PLEASE CALL THE OFFICE FOR THE FORM.
VIOLATION ENFORCEMENT PROCEDURES
A. Any complaint that alleges a violation of the Declaration, By-Laws or Rules and Regulations shall be made in writing. The complaint shall contain substantially the same information as that set forth in the Violation Complaint - Witness Statement, as shown as Exhibit A. At a minimum, the complaint shall set forth:
1. The Owner’s name, address of the Unit where the person or resident complained about resides.
2. The specific details or description of the violation, including the date, time and location where the violation occurred.
3. Any photographs, diagrams, or tapes necessary to define the damage or violation.
4. The name, address and phone number of the complaining witness.
5. The signature and address of the complaining witness and the date the complaint is made.
B. When a complaint is made pursuant to the above, the Owner shall be notified of the alleged violation by the Association or its duly authorized agent. The notification shall be in a manner prescribed by the Board in a form similar to that shown as Exhibit B (Notice of Violation).
In the event the alleged violation is not the first violation by the Owner, or in the event the violation is such that serious, immediate or irreparable consequences may occur by delay, the Board may elect to forward the matter to the Association’s Attorney for appropriate action. All legal expenses and costs incurred will be assessed to the Owner’s account.
The Association Attorney, if contacted regarding the violation, shall send such notices, make such demands or take such actions as are necessary to protect the interests of the Association in accordance with the provisions of the Declaration, By-Laws or Rules and Regulations of the Association.
C. If any Owner charged with a violation either believes that no violation has occurred or that he has been wrongfully or unjustly charged hereunder, the Owner must proceed as follows:
1. Within fourteen (14) days after the Notice of Violation (Exhibit B) has been served on the Owner pursuant to the provision herein, the Owner must submit, in writing, a request for a hearing concerning the violation. A hearing may be requested by completing the Request for a Hearing Form (Exhibit C), and returning it to the Association.
2. If a Request for Hearing is filed, a hearing on the complaint shall be held before the Board members to address the complaint. The hearing shall be conducted {within six (6) weeks after delivery of the written request} or {at the next date that the board is scheduled to hold a meeting}.
3. At any such hearing, the Board shall hear and consider arguments, evidence or statements regarding the alleged violation, first from any person or persons having direct knowledge of the alleged violation and then from the alleged violator and any witness on his behalf. If a board member is involved in the complaint, that member shall not be involved in the Board’s decision. Following a hearing and due consideration, the Board shall issue its determination regarding the alleged violation. The decision of the Board shall be made by majority vote and shall be final and binding on the Owner and the Association.
4. Payment of any charges, costs or expenses made pursuant to the provisions contained herein shall not become due and owing until the Board has completed its determination. Notification of the Board’s determination shall be made in a form similar to that which is shown hereto as Exhibit D.
D. If no request for a hearing is filed within fourteen (14) days, a hearing shall be considered waived, the allegations in the Notice of Violation shall be deemed admitted by default, and appropriate sanctions shall be imposed. The Owner shall be notified by the Association of any such determination using the same form and in the same manner as if a hearing had been conducted by the Board.
E. If an Owner is found to have violated personally or is otherwise liable for a violation of any of the provisions of the Declaration, By-Laws or Rules and Regulations of the Association, the Table of Penalties for the violation shall prevail.