DECLARATION OF COVENANTS, CONDITIONS AND RESTRICT OF GARDEN COURTS ASSOCIATION
THIS DECLARATION, made on the date hereinafter set forth by Chicago Title and Trust Co. as Trustee under Trust Agreement dated June 13, 1906 and known as Trust #3000 (Declarant) .
WHEREAS, Declarant is the owner and/or contemplated owner of certain property in the City of Chicago, County of Cook, State of Illinois, which is legally described in Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as "Development Area"), and
WHEREAS, Declarant now proposes initially to develop part of the Development Areas as a townhouse community, which part is legally described in Exhibit B attached hereto and incorporated herein by reference, hereafter referred to as the "Project Area", and proposes hereafter to develop additions parts of the Development Area in the same manner through supplemental declarations wherein portions of the Development Area will be brought within the Project Area, and
WHEREAS, Declarant will convey the said property in the Project Area subject to certain protective covenants, conditions, restrictions, reservation liens, and charges as hereinafter set forth:
NOW, THEREFORE, Declarant hereby declares that all of the Project Area 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 such real property. These easements, 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 Project Area or any part thereof, and shall inure to the benefit of each owner thereof. Said easements, covenants, restrictions, and conditions shall not be binding upon the property within the Development Area until brought into the Project Area by means of supplemental declarations.
Section 1. "Association" shall mean and refer to Garden Courts Association, an Illinois not-for-profit corporation, its successors and assigns.
Section 2. "Development Area" shall mean, refer to, and include the original parcel to be developed by the Declarant as a townhouse community, and such other additions from the total area described on Exhibit A as may hereafter be brought within the jurisdiction of the Association.
Section 3. "Project Area" shall mean and refer to the original parcel described on Exhibit B an being the first part of Exhibit A to be developed by the Declarant as a townhouse community.
Section 4. "Common Area" shall moan all real property owned by the Association for the common use and enjoyment of the members of the Association, and shall include all the real property within the Project Area which is outside of the foundation walls of the townhouse units.
Section 5. "Lot" for the purpose of this Declaration shall mean and refer to a platted lot in the Development Area, or any portion thereof, and constituting one residential unit, and upon which unit one individual home is constructed or to be constructed.
Section 6. "Member" shall mean and refer to every person or entity which hold membership in the Association.
Section 7. "Owner" shall moan and refer to the record owner, whether one or
or more persons or entities, of a fee simple title to any Lot or part thereof which is a part of the Development Area, and also including, without limitation on the generality thereof, contract purchasers and tenants residing in unit on said property as provided in
Article IV, Section 2, but excluding whose having an interest in such Lot or part thereof merely as a security or the performance of an obligation.
Section 8. "Declarant" shall mean and refer to Chicago and Trust Co., as Trustee, under Trust Agreement dated June 13, 1906 and known as Trust #3000 including its successors and assigns except those successors defined herein as owners.
Section 9. "Unit" shall mean and refer to one individual townhouse which is Constructed on one lot or part thereof.
Every person or entity who or which is a record owner of a fee or undivided fee interest in any one unit upon any Lot or portion thereof which is subject 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 or portion thereof constituting one unit which is subject to assessment by the Association. Ownership of such unit shall be the sole qualification for membership, as further regulated by Article I, Section 6, and Article IV, Section 2 hereof.
The Association shall have two classes of voting membership:
Class A. Class members shall be all the Owners as defined in Article II with the exception of the Declarant. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one unit upon a Lot, or part of a Lot.
Class B. The Class B member shall be the Declarant. The Class B member shall be entitled to four (4) votes for each Lot in which it holds the interest required for membership by Article II, provided that the Class B membership shall cease and be converted to Class A membership as follows:
(a) Four (4) years from the execution of this Declaration of Covenants, Conditions and Restrictions or any earlier time that the Declarant in its sole discretion may decide. In the case of additional memberships being created by the addition of additional land to the Project Area, the Development Area and the platting of same, the test shall be applied separately to each portion of the additional lands and the test hereunder shall be four (4) years from the time Declarant records the statement annexing such portion to the Project Area.
Section 1. Members' Easements, of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area and such easements shall be appurtenant to and shall survive any assignment of the title to every Lot or part thereof upon which one unit is built which is included and assessed hereunder, subject to the following provisions:
(a). The right of the Association to limit the number of guests of members;
(b). The right of the Association to charge reasonable admission and
other fees for the use by a member or members who desire the use and enjoyment of any recreational facility situated upon the Common Area for special events or parties; with prior approval of the Association;
(c). The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and its facilities and in aid thereof to mortgage said property, and the rights of such mortgages in said property' shall be subordinate to the rights of the residential unit owners hereunder;
(d). The right of the Association to suspend the voting rights and right of a member to use the recreational facilities for any period during which any assessment against his unit remains unpaid; and for a period not to exceed 30 days for any infraction of its published rules and regulations;
(e). The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the Class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance of such dedication or transfer,
(f). The right of the Association to make reasonable rules and regulations governing the use of the Common Areas.
Section 2. Delegation of Use. Any member may delegate, in accordance with the By-Laws, his right of enjoyment of the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the unit involved.
Section 3. Title to the Common Area. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Area to the Association, subject to covenants and restrictions of record, existing mortgage, if any, zoning ordinances, streets, roads, and highways, if any, and current real estate taxes, if any (which shall be prorated among the parties), and utility easements granted or to be granted for sewer, water, gas, electricity, telephone, and, without limitation of the generality thereof, any other necessary utilities and public street dedication and also subject to an easement to the Declarant for access, ingress and egress over, across, upon, through and under the Common Area for the completion of any construction or work upon the Project Area, and for the erection and maintenance of signs for sales offices, models, and other offices, if any, and directions thereto upon the property and the Common Area, and further subject to the right, license and easement of and to firemen and policemen, and any, proper and competent public authority having jurisdiction thereof, to enter the Common Area to enforce public regulations, ordinances and statutes affecting the Common Area and the use thereof.
Section 4. Easements. Each owner shall have an easement for ingress and egress over that portion of the Common Area which is appurtenant to the owner's lot for purposes of access to the public streets. Reference in any deed to this document shall be sufficient to create the easements declared hereunder.
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot or portion thereof by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, and the
said property and the owner thereof shall be responsible to the Association for such assessment together with such interest, costs and attorney's fees as aforesaid in any action by the Association in any court of competent jurisdiction for the amount thereof, and the said assessment together with such interest, costs and reasonable attorney's fees shall be a lien against the land against which each such assessment is made, which lien may be foreclosed in any court of competent jurisdiction. Each such assessment, together with such interest, costs and reasonable attorney's fees shall be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but the lien shall remain until paid. Where the mortgagee of a mortgage of record or other purchaser of a Unit obtains title to the Unit as a result of foreclosure of the mortgage such acquired of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectable from all the Units including such acquirer, his successors and assigns.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the property and in particular for the improvement, preservation, and maintenance of the property, furnishing of services and facilities related to the use and enjoyment of the Common Area, and of the homes situated upon the property, and payment of real estate and other taxes, and insurance on the Common Area.
Section 3. Basis of Annual Assessments.
(a). Each owner shall deposit with the Association a sum equal to two months' dues of the Association, as fixed by the Director of the Association at the time of occupancy by the owner. Said sum shall be held in escrow and be used to apply on any extraordinary expenses of the Association.
(b). From and after January 1 of the year immediately following the conveyance of the first unit to an Owner, the annual assessment may be increased by a vote of the members for the next succeeding year and at the end of each year, for each succeeding year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident or a merger or consolidation in which the Association is authorized to participate under the General Not For Profit Corporation Act of the State of Illinois.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property relate thereto, provided that any such assessment shall have the prior written consent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment. Doth annual and special assessments shall be fixed at a uniform rate for all units, regardless of their size, except for certain units as provided in Section 10; and may be collected on a monthly basis, or such other basis as set by the Board of Directors.
Section 6. Quorum for Any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast sixty per cent (60%) of
all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots within the property on the first day of the month following the closing of the transaction for each unit. The Board of Directors shall fix the amount of the annual assessment against each unit at least thirty (30) days in advance of each annual assessment period, subject to Section 3(b) of this Article. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand by any interested party at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall boar interest from the date of delinquency at the rate of seven percent (7%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien therefor against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage loan made by an .institution licensed to make such mortgage loan. Sale or transfer of any unit shall not affect the assessment lien. However, the sale or transfer of any unit which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer except as stated in Section 1 of this Article. No sale or transfer shall relieve such unit from liability for any assessments thereafter becoming due or from the lien thereof
Section 10. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein:
(a). All properties dedicated to and accepted by a local public authority
(b). The Common Area;
(c). No assessments shall be levied against the declarant until the unit or units affected have had construction completed.
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the property and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article VI, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroy or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make vise of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
No fencing of any kind, other than landscaping, approved by the Association shall be erected on the property as installed by the Declarant. No building, wall or structure other than the housing structure erected on a unit shall DC commenced, erected or maintained upon the property, nor shall any exterior painting be done, addition to or change or alteration thereof be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within ninety (90) days after said plans and specifications have boon submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Exterior antennas shall not be installed on any unit without the prior written approval of the architectural committee or its designated representatives, and if a community antenna is provided to serve such home, such exterior antennas may be disapproved. The provisions of this Article VII shall not be applicable to the Declarant.
Section 1. The Association shall maintain, repair and replace all the Common Areas, with the exception of private patios, including, but not limited to painting, cutting of grass, snow removal and landscaping. The Association shall not be responsible for maintenance, or replacement of any of any exterior walls, roofs, foundations, masonry steps or door and window trim, not included on the Common Areas but shall exercise architectural control over such activities as specified in Article VII hereof.
Section 2. In the event of damage or destruction by fire or other casualty of any Townhouse or any portion thereof, including, by way of example only and not by way of limitation, any portion of the roof and exterior masonry walls, including the foundation thereof, gates and fencing, as are located or installed thereon, the Owner or Owners from time to time of any such Townhouse covenant to and shall, within a reasonable time after such damage or destruction, repair or rebuild the same in a workmanlike manner with materials com-parable to those used in the original structure, in strict conformity with all the laws or ordinances regulating the construction of buildings in force at the time of such repair or reconstruction. The exterior of such Townhouse, when rebuilt, shall be substantially similar to and of architectural design in conformity with the exterior of such Townhouses which remain standing and are not required to be rebuilt. In the event of the total or substantial destruction of all the Townhouses, the architectural design of the exterior of the Townhouses to be rebuilt and the materials to be used shall be substantially similar in architectural design to the original Townhouses and shall be constructed of comparable materials.
Section 3. In the event that any Owner shall fail, within a reasonable time after the damage or destruction referred to in Section 2 of this Article, to perform the necessary repair or rebuilding, the Association shall, in the manner described in Section 2 of this Article, cause such repairs or rebuilding, to be done by such firm, laborers or material men as may be chosen by the association. The Association shall have, and is hereby given, a continuing lien on that Townhouse on which any such repairs or rebuilding are caused to be made or done in the aggregate amount of (a) the cost of such repairs or rebuilding, (b) interest at the rate of seven percent (7%) per annum from
the date of payment by the Association of such costs, and (c) v reasonable attorneys' fees and any court costs or other expenses or charges incurred by the Association in connection therewith; which lien shall bind such Townhouse in the hands of such Owner, his heirs, devisees, personal representatives, grantees and assigns. In the event such Owner does not make prompt payment to the Association in the full amount of the Lien, the Association shall have the right to foreclose such lien in the same manner as hereinafter provided in connection with unpaid assessments. The lien of the Association described in this Section 3 shall be subordinate to the lien of any trust deed, mortgage or mortgages now or hereafter placed upon the Town house.
Section 4. Every Owner shall at all times keep each Townhouse owned by him fully insured for the full insurable replacement cost thereof against loss by fire and other casualties and shall cause the Association to be named as an additional assured under the policy for the purpose of providing funds to be used by the Association in those cases in which Owners neglect or refuse to rebuild or repair subsequent to a fire or casualty loss, and upon request by the Association shall deliver to the Association a policy or certificate evidencing such insurance.
Section 5. In the event that the need for maintenance or repair is caused other than by normal wear and tear, or through the willful or negligent act of the Owner, his family, guests, or invitees, if the Owner fails to repair the damage in such manner as is reasonable, acceptable to the Director or Managing Agent of the Association within 30 days after written notice from the Association, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such unit is subject.
Building and Use Restrictions
Section 1. The subdivision is hereby restricted to single family residential Swellings, including townhouses and ancillary and accessory uses and buildings in connection therewith, including but not limited to community buildings. All buildings or structures erected on the land shall be of new construction, and no buildings or structures shall be removed from other locations to the land and no subsequent buildings or structures other than "townhouses shall be built on any Lot or part thereof where the Declarant has theretofore constructed a townhouse. No building or structure of a temporary character including, without limitation on the generality thereof, trailer, basement, tent, shack, garage, barn, or other outbuilding, shall be placed or erected in any Lot or part thereof nor adjacent to, adjoining or as an addition to any unit at any time or be used for residential purposes either temporarily or permanently.
Section 2. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or part thereof, or in any unit erected thereon, except dogs, cats, or other customary and usual household pets kept for other than commercial purpose, and subject to the rules and regulations adopted by the Association.
Section 3. No more than one "For Rent" or "For Sale" sign of not more than six square feet in area, and not over 3 feet in height, may be placed on a Lot or part thereof, and then only immediately in front of said Lot by the Owner of the unit thereon. No other advertising signs, nor billboards, objects of unsightly appearance, or nuisances shall be erected, placed, or permitted to remain on any Lot or portion thereof, nor shall any Lot or portion thereof be used in any way or for any purpose which may endanger the health or unreasonably disturb the residents of the townhouse development. No commercial activities of any kind whatever shall be conducted in any unit or on any portion of the land, except activities intended primarily to serve residents on the property. The foregoing restrictions shall not apply to the commercial or sales activities, or the signs and billboards, if any, of the Declarant or its agents during the construction and sales period, or of the Association in furtherance of its powers and purposes set forth hereinafter and in its Articles of Incorporation, By-Laws and Rules and Regulations, as the same or amendments thereof may be in force from time to time.
As part of the overall program of development of the property into a residential community, and to encourage the marketing thereof, the Declarant shall have the right of use of the Common Areas and facilities thereon, including any community buildings, without charge during the sales and construction period to aid in its marketing activities.
Section 4. All clotheslines, equipment, service yards, woodpiles, and storage piles shall be kept screened by adequate planting so as to conceal from them view of neighboring units and streets. All rubbish, trash, and garbage shall be regularly removed from the development and the units thereon, and shall not be allowed to accumulate thereon, or become unsightly, or a nuisance. No garbage cans may be placed at any time on the exterior of the unit. Nothing shall be affixed to the exterior walls or roof of any townhouse without the prior written consent of the Association.
All public utilities serving the property are hereby granted and conveyed the right and easement to lay, construct, renew, operate and maintain conduits, cables, pipes, mains, ducts, wires, and other equipment into, under, and through the Common Area for the purpose of providing the Lots and units thereon, and the Common Area, with utility services, provided that all such service shall be placed underground;- and further provided that no easement extends to any are; either now or hereafter improved with a permanent structure so long as such improvement shall have been made prior in time to the location of said conduits, cables, pipes, mains, ducts, wires and other equipment on such improved site.
Section 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, reservations, 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.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Encroachments. If any of the Common Areas encroaches upon any Townhouse situated on the Property, or if any Townhouse on the Property encroaches upon any of the Common Areas, there shall be deemed to be mutual easements in favor of the respective Owners of any such Townhouse and the Owner of the Common Areas to the extent of the encroachments so long as the same shall exist.
Section 4. Parking Spaces. The Association shall assign one parking space (herein referred as a "Parking Space") in the Common Area for each Townhouse. All assigned Parking Spaces shall be for the exclusive use of the residents of the Townhouse to which it is assigned. The Association shall have the right to establish reasonable rules and regulations governing the use of Parking Spaces, including limitations on the use of unassigned Parking Space, if any.
Section 5. Notices. Any notices required to be sent any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 6. Personal Liability. This Declaration is executed by the Trustee solely as Trustee as aforesaid, and not personally, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the covenants and conditions to be performed hereunder by the Trustees are undertaken by it solely as Trustee as aforesaid, and no personal liability shall be asserted or enforceable against the Trustee by reason of any of the provisions contained in this Declaration.
Section 7. Amendment. The covenants and restrictions of this Declaration
shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot or portion thereof, on which a unit is erected subject to this Declaration, his or their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenant shall be automatically extended for successive periods of ten (10) years each. The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than eighty percent (80%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%)of the Lot Owners. Any such amendment must be properly recorded.
IN WITNESS WHEREOF, Chicago Title and Trust Co., as Trustee under Trust agreement dated June 13, 1906 and known as Trust No. 3000, has authorized these presents to be signed by its Vice President and its corporate seal to be hereto affixed and attested by its Assistant Secretary, this 12th day of October,1976.
I, the undersigned, a Notary Public in and for said County, in the
State aforesaid, do hereby certify that Glenn__________ , Asst. Vice
President and Susan___________ , Assistant Secretary, thereof, personally
known to me to be the same persons whoso names are subscribed to the foregoing instrument as such Vice President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth; and the said Assistant Secretary did also then and there acknowledge that he, as custodian of the Corporate Seal of said Corporation and affix the said Corporate Seal of said Corporation to said instrument as his own free and voluntary act, and as the free and voluntary act of said corporation for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 12th day of October, A.D. 1976.
s 1 thru 48 in J. W. Cochran's Subdivision of Block 15 in Canal Trustees division of the SE 1/4 of Section 17, T. 39 N. , R. 14 E. of the 3rd P.M.
ALSO vacated alley lying So. of and adjoining Lots 8, 25 and 40 and N. of and joining Lots 9, 24 and 41 in J.W. Cochran's Subdn. of said Block 15.
ALSO of vacated S. Norton St. as laid out in J. W. Cochran's Subdivision of ck 15 in Canal Trustees Subdivision, aforesaid.
ALSO s 1 thru 22 (excepting the E. 13 ft. of Lots 16 & 17 and the E. 13 ft. of So. 22 ft. of Lot 13, also except the South 6 ft. of Lots 21 and 22) in Laflin's Subdivision of Block 16 in Canal Trustees Subdivision of the SE of Section 17, T. 39 N. , R. 14 E. of the 3rd P.M.
ALSO that part of vacated S. Norton St. as laid out in M. Laflin's Subdivision Block 16, aforesaid, lying N. of the N. line of the So. 6 ft. of Lots 21 22 in said subdn. extended East and West.
ALSO s 4,5,6,7,31 through 56, 61 through 73 and Lots 30, 57 & 60 (except that t of said Lots 30, 57 & 60 taken for street widening by ordinance passed 9/01 and recorded Oct. 31, 1904 as Doc. 3613969; also except the East 12 t of Lots 31 through 43 and the East 12 feet of that part of Lot 30 included ein; also except that part of Lot 61 through 73 and part of Lot 60 lying t of a line extending from a point on the South line of W. Vernon Park Place, widened, which is 34 feet East of the East line of S. Racine Avenue, to a nt on the North line of W. Polk Street, 6 feet East of East line of S. Racine nue) all in C. J. Hull's Subdivision of Block 6 in Canal Trustee's Subdivision the Southeast 1/4 of Sec. 17, Township 39 North, Range 14, East of the Third ncipal Meridian, in Cook County, Illinois,
ALSO s 1, 2, 3 and 4 (except the East 12 feet of Lots 1, 3 and 4) in Assessor's ision of Lots 8 to 13, inclusive in C. J. Hull's Subdivision of Block 6 of al Trustee's Subdivision of the Southeast 1/4 of Sec. 17, Township 39 North, ge 14, East of the 3rd P. M.
ALSO s 1, 2, 3, & 4 inl'Assessor's Division of Lots 1, 2 & 3 in C. J. Hull's Sub-ision of Block 6 of Canal Trustee's Subdivision of the Southeast 1/4 of . 17, Township 39 North, Range 14, East of the Third Principal Meridian cepting that part of said Lots 1, 2 & 3 in Assessor's Division lying West of ine extending from a point on the North line of West Polk Street, 6 feet East East line of S. Racine Avenue to a point on the South line of W. Vernon Park ce, as widened, which is 34 feet East of the East line of S. Racine Ave.)
ALSO that part of vacated S. Norton Street lying North of the North line of W. k Street extended and South of the South line of W. Vernon Park Place, as ened, extended.
s 1 thru 9 and the East 71.45 Ft. of Lots 24 to 32, both inclusive, in J. W. hran's Subdivision of Block 15 in Canal Trustees Subdivision of the SE 1/4 Section 17, Township 39 North, Range 14 East of the Third Principal Meridian Cook County, Illinois,
ALSO vacated alley lying South of and adjoining Lot 8 and the East 71.45 Ft. of 25 and North of and adjoining Lot 9 and the East 71.45 Ft. of Lot 24, all J. W. Cochran's Subdivision of Block 15 in Canal Trustee's Subdivision, iresaid.
Garden Courts Association
Plan of Unit
Section 1. Unit Ownership. The project governed by this Association is located in the City of Chicago, State of Illinois, and known as Garden
Section 2. By-Laws Applicability. The provisions of these By-Laws are
applicable to the project. The term "project" as used herein shall include
the land described in Exhibit B of the Declaration covering the initial
project and the land described in Exhibit A of said Declaration as it is
brought into the project Area through supplemental declarations.
Section 3. Personal Application. All present or future owners, tenants, or
their employees, or contract purchasers of a Townhouse Unit or any other
person who might use the facilities of the project in any manner, are
subject to the regulations set forth in these By-Laws and to the
Declaration of Garden Courts Association, (hereinafter called the
The mere acquisition or rental of any of the family townhouse units
(hereinafter referred as "Units") of the project on the land subject to said declaration, or the mere act of occupancy of any of said units will signify that these By-Laws and the provisions of the declaration are accepted, ratified and will be complied with.
Voting, Majority of Owners, Quorum, Proxies
Section 1. Voting. Class A. Voting shall be on the basis of one vote to each owner of a family residential unit or units on the land included in the Declaration and amendments thereto at the time of any such vote. All of such Owners shall constitute Class A members of the Association.
Section 2. Voting. Class B. The Class B members of the Association shall be the "Declarant" in the Declaration of Covenants, Conditions, and Restrictions of Garden Court Association.
Section 3. Majority of Owners. As used in these By-Laws, the term "majority of owners" shall mean the owners of more than 50% in the aggregate in interest of the undivided ownership of the Common Elements as set forth in the Declaration and amendments thereto and the Declarant, except as otherwise stated herein.
Section 4. Class A Voting Rights. Class A members shall be entitled to one vote for the record owner of each Lot or portion thereof upon which is erected a single family townhouse. When more than one person holds such interest in any Lot or portion thereof as aforesaid, all such persons shall be member's of the Association, but the vote for such Lot shall be exercised as they among themselves determine. In no event shall more than one vote be cast with respect to any one residential unit upon a Lot or
Section 5. Class B Voting Rights. The Class B member shall have 4 votes for each Lot owned by it. However, the Class B membership shall cease and be converted to Class A membership A years after the date of execution of the Declaration of Covenants, Conditions and Restrictions by Declarant. If additional memberships are created by the addition of additional land to the Project Area from the Development Area, as described in said Declaration, and the platting of same, such Class B membership shall cease 4 years from the date Declarant records a statement annexing each such portion to the Project Area as defined in said Declaration.
Section 6. Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy of a "majority of owners" as defined in Section 3 of this Article II shall constitute a quorum.
Section 7. Proxies. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed time of each meeting.
Section 1. Association Responsibilities. The owners of the units and Declarant as above provided and limited shall constitute the Association of Owners thereinafter referred to as "Association") who shall have the responsibility of administering the project, approving the annual budget, establishing and collecting monthly assessments and arranging for the management of the project pursuant to an agreement containing provisions relating to the duties, obligations, removal and compensation of the management agent. Except as otherwise provided, decisions and resolutions of the Association shall require approval by a majority of owners and Declarant.
Section 2. Place of Meetings. Meetings of the Association shall be held at the principal office of the project or such other suitable place convenient to the owners as may be designated by the Board of Directors.
Section 3. Annual Meetings. The first annual meeting of the Association shall be held thirty (30) days from the date of recording of. the Declaration, or at such earlier time as shall be determined by the affirmative vote of a majority of owners and Declarant at a meeting duly called for such purpose. Thereafter the annual meeting of the Association shall be hold on the 3rd Monday of March of each succeeding year. At such meetings, there shall be elected by ballot of the owners and Declarant, except as Declarant's voting rights are limited herein, a Board of Directors in accordance with the requirements of Section 5 of Article IV of those By-Laws. The owners may also transact such other business of the Association as may properly come before them.
Section 4. Special Meetings. It shall be the duty of the President to call special meeting of the owners and Declarant, except as Declarant's voting rights are limited herein, as directed by resolution of the Board of Directors or upon a petition signed by a majority of the owners and Declarant and having been presented to the Secretary. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice unless by consent of four-fifths (4/5) of the owners and Declarant (if it still has voting rights hereunder) present, either in person or by proxy.
Section 5. Notice of Meetings. It shall be the duty of the Secretary to mail notice of each annual or special meeting stating the purpose thereof as well as the time and place where it is to be held, to each owner of record, and Declarant, if it has voting rights hereunder, at least five (5) but not more than ten (10) days prior to such meeting. The mailing of a notice in the manner provided in this Section shall be considered notice served.
Section 6. Adjourned Meetings. If any meeting of owners and Declarant cannot be organized because a quorum has not attended, the members who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.
Section 7. Order or of Business. The order of business at all meetings of the owners of units shall be as follows:
- Roll Call.
- Proof of notice of meeting or waiver of notice.
- Reading of minutes of preceding meeting.
- Reports of officers.
- Reports of committees.
- Election of inspectors of election.
- Election of directors.
- Unfinished business.
- New business.
Board of Directors
Section 1. Number and Qualification. The affairs of the Association shall be governed by a Board of Directors composed of three (3) persons, all of whom must be resident owners of units in the project, or employees or officers of the project developer, herein referred to as the "Declarant". The employees or
officers of the Declarant shall remain as the Directors until such time as the last unit in the Development Area is occupied, or for a period not to exceed five (5) years from date of recording the Declaration, or at any earlier time that the Declarant, in his sole discretion, may decide. Any purchaser taking hereunder allows the Declarant or its agent to act as his proxy. Upon resignation of the original three (3) directors or their successors, the Board of Directors shall be increased to one person for each cluster of twenty (20) townhouses, but in no case less than three (3) or more than eight (8).
Section 2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts as are not by law or by these By-Laws directed to be exercised and done by the owners and Declarant.
Section 3. Other Duties. In addition to duties imposed by these By-Laws or by resolutions of the Association, the Board of Directors shall be responsible for the following:
- Care, upkeep and surveillance of the project and the common elements and facilities and the restricted common elements.
- Collection of monthly assessments from the owners.
- Designation and dismissal of the personnel necessary for the maintenance and operation of the project, the common elements and facilities, and the restricted common elements and facilities.
Section 4. Management Agent. The Board of Directors may employ for the Association a management agent at a compensation established by the Board to perform such duties and services as the Board shall authorize, including, but not limited to, the duties listed in Section 3 of this Article IV.
Section 5. Election and Term of Office. At the first annual meeting of the Association the term of office of one Director shall be fixed for three (3) years, the term of Office of one Director shall be fixed at two (2) years, and the term of office of one Director shall be fixed at one (1) year. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of three (3) years. The Directors shall hold office until their successors have been elected and hold their first meeting. In all elections for members of the Board, each voting member shall be entitled to vote on a cumulative basis, and the candidate receiving the highest number of votes with respect to the number of offices to be filled shall be deemed elected.
Section 6. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum, and each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association.
Section 7. Removal of Directors. After the terms of all of the initial Directors or their successors have expired or they have resigned, at any regular or special meeting duly called, any one or more of the Directors may be removed with or without cause by a majority of the members and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the members shall be given an opportunity to be heard at the meeting.
Section 8. Organizational Meeting. The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.
Section 9. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but at least two (2) such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph at least throe (3) days prior to the day named for such meeting.
Section 10. Special Meetings. Special meetings of the Board of Directors may
be called by the President on three (3) days' notice to each Director, given personally or by mail, telephone, or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least three Directors.
Section 11. Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
Section 12. Board of Directors' Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting, as originally called, may be transacted without further notice.
Section 13. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall .furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
Section 14. Board Liability. The directors from time to time constituting the Board of Directors of the Association shall not be liable to the Members for any mistake of judgment or for any act or omission to act committed in good faith as such directors.
Section 15. Funds Collected. With reference to any funds collected by the Association from its members, the Association shall net as agent for the owners and any funds thus collected shall be held in trust for its members.
Section 1. Designation. The principal officers of the Association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The Directors may appoint an Assistant Treasurer, and an Assistant Secretary, and such other officers as in their judgment may be necessary.
Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board.
Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose.
Section 4. President. President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of President of an Association, including but not limited to the power to appoint committees from among the owners from time to time, as he may in his discretion decide is appropriate, to assist in the conduct of the affairs of the Association. He shall be a member of the Board; however, the President shall only have a vote in case of a tie between the other Directors.
Section 5. Vice-President. The Vice-President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice-President is able to act, the Board of Directors shall appoint some other member of the Board to so do on an interim basis. The Vice-President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors.
Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board of Directors may direct; and shall, in general, perform all the duties incident to the,office of Secretary.
Section 7. Treasurer. The Treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all moneys and other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board of Directors.
Obligations of the Owners
Section 1. Assessments. All owners are obligated to pay monthly assessments imposed by the Association to meet all project communal expenses, which may include, without limit on the generality thereof, a liability insurance policy premium and an insurance premium for a policy to cover repair and reconstruction work in case of hurricane, fire, earthquake or other hazard. The assessments shall be made on equal basis regardless of the value of the unit owned, as stipulated in the Declaration. Such assessments may include monthly payments to a General Operating Reserve and a Reserve Fund for Replacements.
Section 2. Maintenance and Repair.
- Every owner must perform promptly all maintenance and repair work within his own unit, which, if omitted, would affect the project in its entirety or in a part belonging to other owners, such owners being expressly responsible for the costs, damages and liabilities that his failure to do so may engender.
- All the repairs of internal installations of the unit, including, without limitation, water, light, gas, power, sewerage, telephone, air conditioners, sanitary installations, doors, windows, lamps and all other accessories belonging to the unit area shall be at the owner's expense.
- An owner shall reimburse the Association for any expenditures incurred in repairing or replacing any common element and facility damaged through his fault.
Section 3. Use of the Family Units - Internal Changes.
- All units shall be utilized for residential purposes only.
- An owner shall not make structural modifications or alterations in his unit or installations located therein without previously notifying the Association in writing, through the Management Agent, if any, or through the President of the Hoard of Directors, if no management agent is employed. The Association shall have the obligation to answer within ninety (90) days and failure to do so within the stipulated time shall mean that there is no objection to the proposed modification or alteration.
Section 4. Use of Common Elements and Facilities.
- An owner shall not place or cause to be placed in the Common Elements any furniture, packages or objects of any kind. Such areas shall be used for no other purpose than for normal transit through them.
Section 5. Right of Entry.
- An owner shall grant the right of entry to the management agent or to any other person authorized by the Board of Directors or the Association in case of any emergency originating in or threatening his unit, whether the owner is present at the time or not.
- An owner shall permit other owners, or their representatives, when so required, to enter his unit for the purpose of performing installation; alterations or repairs to the mechanical or electrical services, provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. In case of emergency, such right of entry shall be immediate.
Section 6. Rules of Conduct.
- No resident of the project shall post any advertisements, or posters of any kind in or on the project except as authorized by the Association, and except as the Grantor is permitted under the provisions of the Declaration.
- Residents shall exercise extreme care about making noises or the use of musical instruments, radios, television and amplifiers that may disturb other residents. In the event the operation of any type of radio or appliance shall interfere with any other radio, television, or appliance within the project, the operation of the radio or appliance shall be stopped. Residents keeping domestic animals shall abide by the Municipal Sanitary Regulations, and the ordinances, statutes, and regulations of any competent public body or authority having jurisdiction thereof.
- It is prohibited to hang garments, rugs, etc., from the windows or from any of the facades of the project.
- It is prohibited to dust rugs, etc., from the windows, or to clean rugs, etc., by beating on the exterior part of the project.
- It is prohibited to throw, place, or leave garbage or trash outside the disposal installations provided for such purposes in the service areas.
- No owner, resident or lessee shall install wiring for electrical or telephone installation, television antennae, machines or air conditioning units, etc., on the exterior of the project or that protrude through the walls or the roof of the project except as first authorized by the Association.
- Such other rules and regulations governing operation and use of the Common Elements as may be adopted or amended from time to time by action of the Board.
Amendments to Plan of Unit Ownership
Section 1. By-Laws. These By-Laws may be amended by the Association in a duly constituted meeting for such purpose in accordance with Article XI, Section 7 of the Declarations.
Section 1. Notice to Association. An owner who mortgages his unit shall notify the Association through the Management Agent, if any, or the President of the Board of Directors in the event there is no Management Agent, as to the name and address of his mortgagee; and the Association shall maintain such information in a book entitled "Mortgagees of Units."
Section 2. Notice of Unpaid Assessments. The Association shall at the request of a mortgagee of a unit report any unpaid assessments due from the owner of such unit.
In case any part of these By-Laws conflicts with the provisions of said statutes of the State of Illinois, it is hereby agreed and accepted that the provisions of the statute shall apply, and the balance of these By-Laws remain in full force and effect.
Section 1. Books of Account. The Board shall keep full and correct books of account in chronological order of the receipts and expenditures affecting the Common Elements, specifying and itemizing the maintenance and repair expenses of the Common Elements and any other expenses incurred. Such records and the
vouchers authorizing the payments shall be available for inspection by any unit Owner or any representatives of a Unit Owner duly authorized in writing, at such reasonably time or times during normal business hours as may be requested by the Unit Owner. Upon ten (10) days' notice to the Board, and payment of a reasonable fee, any Unit Owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or other charges due owing from such Owner.
Section 2. Budget. The Board shall cause to be prepared and adopted annually a budget based on its estimates of the common expenses for the ensuing year.
IN WITNESS WHEREOF, we, being all of the Directors of the GARDEN COURTS
ASSOCIATION have hereunder set our hands this 31st day of July, 1976.
CERTIFICATION I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of the GARDEN COURTS ASSOCIATION, an Illinois Corporation, and THAT the foregoing By-Laws constitute the original By-Laws of said Association,
duly adopted at a meeting of the Board of Directors thereof, held on the 31st day of July, 1976.