Rules and Regulations - 10/2008
Article I Scope of Applicability
All Rules, regulations, restrictions and covenants contained in the Declaration and By-Laws are incorporated as part of these rules and regulations are subject to the enforcement policies set forth in the final section of these comprehensive rules and regulations. To the extent that the provision of applicable law, the Declaration, By Laws or the Rules and Regulations are in conflict, the provisions or applicable law shall first control, followed by the provisions of the Declaration, Bylaws and the Rules and Regulations, in that order.
These Rules and Regulations are binding on all Unit Owners, Residents, their families and guest under the existing Bylaws and the Illinois Condominium Property Act, as amended from time to time. Exceptions to the Rules may be made only in writing, signed by the Board or its duly authorized agents following a written request by a Unit owner. Unit owners may request permission via a letter, email or telephonically. The Board of Directors shall issue permission in writing and will either send it to the unit owner via the mail, fax, email or hand delivery.
Article II Property
1. Buildings
A. No alteration of any kind or type may be made to any part or section of the exterior of any building without approval of the board of Directors.
B. The painting of the exterior portion of any building must be in keeping with the current colors and must be approved by the Board of Directors.
C. Flagpoles and antennas/satellite dishes are the only items that may be attached to the building as per the Declaration.
2. Resale of Units
A. Upon sale of any Unit, the Unit Owner must notify the Management company of the impending sale. The Management Company will provide to the Unit Owner, any and all associated paperwork required as per state statue (at cost to the Unit Owner).
3. Common Property
A. Nothing shall be constructed or affixed on any part of any common property, including but not limited to, sheds, fences, electronic dog fences and recreation equipment.
B. All toys or anything else used on the common property must be removed from the common property at dusk.
C. Party tents may be erected for a period of 72 hours. Residents must request approval from the Board of Directors. Requests should be made in writing, fax or via email, but the Board may also accept a request made telephonically. Party tents may not be for commercial use of any kind. Approval will be made in writing and will be either mailed, faxed, emailed or hand delivered to the resident. The Unit Owner will pay for any repair of any water line(s) damaged as a result of the tent being placed on the property.
D. Damage to any part of any common or limited common property, whether accidental, or a malicious or negligent act, shall be repaired at the expense of the Unit owner, when found to be damaged by the unit owner, unit resident, unit pet, or invitee of the unit owner.
E. No laundry of any kind, or similar such articles may be hung on any part of the common property. Clotheslines are prohibited on any part of the property.
4. Limited Common Property
A. The unit owner will maintain all patios, driveway aprons, decks and sidewalks. They will be kept in good repair and will be kept free of all debris and refuse.
B. Trees, shrubs and plants and may be installed by the unit owner on the limited common planting beds adjacent to the unit owner’s building, however, the Board of Directors or its agents reserve the right to remove, or have removed, any plant tree or shrub that is found to be diseased, not compatible, not in keeping with established plantings or otherwise a danger to other plant life.
C. Landscape Lights may be installed by the Unit owner on planting beds adjacent to the Unit Owner’s Unit. Any lighting placed in the planting beds must be of such design and wattage as is suitable for exterior use and is in keeping with such design as is specifically this purpose. The Board of Directors or their agents reserve the right to cause the lighting to be removed if it is found to be unsafe or inconsistent with current established designs.
D. Barbeque Grills that are gas, natural gas or charcoal are permitted. All grills must be UL (Underwriter’s Laboratories) approved and be in good condition. Grills that are lit must not be left unattended. Natural gas grills must have an exterior shut-off valve within 6 feet of the appliance from the exiting gas pipe from the Unit, as per the ordinance of the Village of Mokena. All grills will be used on the Unit’s rear patio/deck only.
E. Children’s swing sets, trampolines, basketball hoops (permanent or temporary) or any other recreational equipment is prohibited.
F. All toys, bicycles, games and the like may not be left on the property overnight.
ARTICLE III Parking
1. Fire Lane
A. Fire Lane. Parking on a designated fire lane is prohibited. The two southernmost driveways on the east side of Tramore are designated Fire Lanes.
B. Parking is prohibited on BOTH sides of the driveways. Vehicles parked on in the fire lanes may be ticketed and towed.
C. All common area driveway space is to be used only for the purpose that is was intended for - vehicular use only. These areas shall not be used for recreational purposes. (This includes outdoor games, pools, sports and/or bike riding).
2. Unit Apron.
A. Each unit driveway apron shall be used for the parking of vehicles of the Unit’s residents and or invitees. Boats, trailers, commercial vehicles, trucks registered with class “C” or above license plates, or recreational vehicles are prohibited from parking on any unit driveway, however, the Board of Directors may grant temporary permission to unit owners under extraordinary circumstances. Parking permission will not be granted on a regular basis to any one resident for any one vehicle.
B. Any vehicle parked on the driveway apron of a Unit Owner without the consent of the Unit owner shall be considered parked on private property without the owner’s consent and may be ticketed and towed.
3. Additional Parking
A. Additional parking on the streets of Tramore and Clare and improved parking areas, which are unassigned, may be used for the parking of motor vehicles of the residents and/or invitees.
B. Parking on the unassigned lots shall not exceed forty eight (48) hours as posted.
C. The parking of boats, trailers, motorcycles, commercial vehicles, trucks registered with class “C” licensing or above, or commercial vehicles are prohibited anywhere on the property, including unassigned parking areas. The Board of Directors may grant temporary permission to unit owners under extraordinary circumstances.
4. Sidewalks
A. Parking on any sidewalk, or having any part of a vehicle on the sidewalk is prohibited.
5. Vehicle Stickers
A. The Board of Directors shall cause to be issued; Tara Hills numbered vehicle stickers to all association members.
B. The identification stickers are to be placed on the member’s vehicles windshield as prescribed by the Board.
C. The identification stickers will be free of charge to all members and the members will be responsible to report any vehicle changes/deletions to the Board.
6. Portable Storage
A. Portable storage units may be parked on the Unit Owner’s driveway only and not for more than 72 hours. Any additional time required must be approved by the Board of Directors.
B. Portable storage units are not allowed on any common parking space.
ARTICLE IV Appearance
1. Refuse
A. All garbage must be placed in containers pursuant to the ordinances of the Village of Mokena.
B. Containers shall not be placed outside for collection earlier than 6:00 pm the night before a collection day and must be retrieved by the owner the day of the scheduled pick up.
C. Containers must be placed so as not to obstruct walkways or mailboxes.
D. The Unit Owner responsible should pick up any garbage remaining on the ground after the scheduled pick up.
E. Garbage cans may not be stored on the exterior of any unit.
2. Decorations
A. Holiday decorations may be displayed for the following holidays:
- New Years Day
- Easter
- 4th Of July
- Halloween
- Thanksgiving
- Christmas/Hanukah
B. Holiday Decorations shall not be installed earlier than 30 days before and must be removed 30 days after the Holiday.
C. Decorations/lights that can be placed on trees, shrubs, decks, and entrance doors are the only decorations/lights permitted. Only clip-on style mountings are permitted.
D. Freestanding lawn ornamentals must be placed within the planting beds of the Owner’s Unit. Between the dates of November 1 and Mar 31, lawn ornamentals may be placed within 10 feet of the Unit.
E. The Unit Owner responsible shall repair any damage caused by his/her decorations, or the Association will charge the cost of repair to the Unit Owner.
F. Unit Owners will remove any decorations that may be deemed by the Board of Directors, its agents or the Village of Mokena as unsafe or present a hazard.
3. Signs
A. All signs, including political and for sale signs shall not be posted anywhere on the exterior of any Unit, or on any common property or limited common property. Signs may be posted in windows only. The only exception to this rule will be Tara Hills Townhome sanctioned event signs intended for notification of the residents by the Board of Directors, including but not limited to property maintenance.
4. Storm Doors
A. All storm doors must be white. Doors purchased after the ratification of these rules shall be white-full view style, or self-storing screen/glass combination.
B. All doors must be maintained in good condition by the Unit owner.
5. Pets
A. Pets are defined as domesticated dogs, cats, fish, caged birds and caged rodents.
B. In-ground electronic fences are not permitted.
C. The breeding of any animal for commercial purposes is strictly prohibited.
D. No reptiles, rabbits, livestock or poultry shall be raised or kept in any Unit.
E. All dogs must be leashed while outdoors on any property.
F. All pets must be vaccinated/licensed as per local ordinance, county regulation and/or state statute.
G. The pet’s owner, regardless of where it occurs, shall clean up pet excrement immediately.
H. No pet shall be allowed to create a disturbance at any place at any time.
I. Excessive barking by dogs is prohibited.
J. Unit owners will be responsible of the replacement of any lawn damaged by their pet. If the Unit Owner fails to replace the damaged lawn, the Association will cause the damaged lawn to be replaced and the Unit Owner will be assessed the dollar amount incurred for the repair.
ARTICLE X Antennas/Security
1. Cable/Antenna/Satelite Dish
A. The installation of cable/antenna/satellite dishes will be permitted only after the Unit Owner submits a written request to and has received approval from the Board of Directors. All satellite dishes will not exceed one meter in diameter and will be placed at the rear of the Unit. Holes drilled into a unit for the purpose of installing cable shall be done professionally and shall be sealed after application. All cable will be buried as per Village/State Regulations as soon as possible after installation. The Unit Owner will bear the costs of installation, repair, removal and any and all costs required to repair the installation site upon the removal of the device.
2. Security Cameras/Alarm Systems
A. Security cameras may be installed by the Unit Owner after receiving written permission to do so from the Board of Directors. The Unit Owner shall request permission in writing, indicating the number of cameras to be mounted on the Unit. All security camera lenses will be mounted in such as way as the adjoining unit or any other unit is not in view of the lens.
B. Alarm Systems – Residential Alarm systems shall be installed as per the code required by the Village of Mokena.
ARTICLE XI Enforcement Procedures
Violations Procedure. Whenever the Board of Directors or its managing agent receives a complaint alleging a violation of the Declaration, By-Laws or Rules and Regulations. The following information shall be obtained:
- Description of the Violation.
- Location of the Violation (Unit Owner’s Name if Known by Complainant).
- Name, address and telephone number of individual reporting.
- Date and Time Violation was noticed.
- Any other witness or witnesses to the violation (name, address and telephone).
- Collecting of any applicable evidence regarding the validity of the violation.
After as much information as possible regarding the violation is collected, if feasible, a member of the Board or its agent will visit the site of the alleged violation and confirm, that a violation does in fact exist. If the violation is such that it can not be seen or viewed, the Board may still proceed in causing the Unit Owner to remedy such violation having credible witness statements as its standing to take such action.
If the violation is confirmed, a “Notice of Violation “ will be sent to the offending Unit Owner.
The Unit Owner shall have 10 days from the date of the letter to remedy the violation as prescribed in the written Notice of Violation.
Failure to remedy the violation as required will result in the following fines being imposed:
- After 10 days from the initial written notice - $50.00 fine imposed and an additional fine of $75.00 per day thereafter for every day the violation exists.
- The Board reserves the right to refer the matter to the Association’s legal council at any time after 10 days, should the Board deem such action necessary to achieve compliance.
All legal and administrative expenses and costs will be assessed against the Unit Owners account, if the Unit Owner is found to be guilty of the violation.
Repeat Offenses. If the violation is one that the Unit Owner has previously been found guilty (repeated offense) and assessed a fine, then a Notice of Violation will be sent, and the Unit Owner will immediately be assessed a fine of $100.00 and must remedy the violation within 10 days from the date of the letter. Failure on the part of the Unit Owner to remedy a violation that is a repeated violation after the first notice has been sent will be referred to the Associations attorney for appropriate action.
Written Appeal. Any Unit owner may contest a violation notice by filing a written appeal. The written appeal must be made within 10 days of receiving the first violation notice. However, a written appeal replaces the hearing and once a written appeal is filed, the option for a hearing is no longer available. The appeal may be sent directly to the Board of Directors or to the Management Company who will then forward the appeal to the Board of Directors. Within 30 days of receiving the appeal, the Board of Directors shall make a Determination and the Unit Owner shall be notified of such Determination in writing.
Hearings. If the Unit Owner feels he/she is not in violation of the Declaration, By-Law or Rule and Regulation as charged, he /she may request a hearing on the matter as follows:
1) The Unit Owner must request the hearing in writing, fax or via email to the Board of Directors or its Managing Agent, within 10 days after receiving the FIRST violation notice.
2) Any request for a hearing after the 10-day time limit has passed, and a fine has been assessed, will not be granted.
3) The Board of Directors will respond in writing to the Unit Owner regarding the hearing date and the hearing will be held within 30 days of the Boards receiving the written request for a hearing.
4) The hearing will be at a place that is neutral to both parties.
At the hearing, the Unit Owner may present any argument, evidence, or witnesses on his his/her behalf. After the hearing is concluded, the Board will subsequently meet in executive session at which time a Determination will be reached. The results of the Determination will be in writing and mailed to the Unit Owner and shall be binding to the Unit Owner and the Association. Any and all fees and expenses associated with a hearing shall be paid by the Unit Owner.
Determination. Subsequent to the hearing, the Board of Directors shall meet in executive session and shall make a determination as follows:
1) Not guilty, matter was without basis.
2) Guilty, original fines reinstated with a deadline for payment, remedy as prescribed.
3) Guilty, fine waved or reduced, remedy as prescribed.
In making a Determination, the Board should take into account the length of time the Unit Owner has been a member of the Association, the extent of control the Unit Owner had or should have had over the violation, prior violations, and any other factors the Board may deem appropriate. In ALL matters, the violation must be corrected/remedied regardless of the determination made by the Board.
Parking Violations Procedure
A. Any vehicle, trailer, motor home, recreational vehicle, motorcycle, all terrain vehicle, trucks licensed as class C or higher will be fined $50.00 for everyday that the vehicle is parked anywhere on the property in violation of any article of the Declaration, By-Laws or Rules and Regulations, and without prior consent of the Board of Directors. The fine shall be assessed against the vehicle owner’s account. The notice of the fine shall be sent to the owner of the vehicle in violation, or the Unit Owner in the event the violating vehicle belongs to an invitee of the Unit Owner.
- Any vehicle left parked in excess of the 48-hour time limit in the common parking spaces, without prior permission, may be ticket and towed. If the vehicle belongs to a Unit owner, the Board of Directors or it’s agent will first notify the owner in writing of the intent to tow the vehicle from the site, listing the date that the vehicle will be towed. A fine of $50.00 per day will be assessed against the vehicle owner.
- Notification sent via regular U.S. mail and Certified mail will be considered sufficient notification.
- Vehicles not owned by residents will be towed after being ticketed for being parked on private property without the consent of the owner (Association).
Hearing. In the event that the vehicle owner believes that he/she is not in violation of this section, he/she may request a hearing, as follows:
1) The hearing must be requested within 10 days of receiving the violation notice and must do so in writing to the Board of Directors or the managing agent. The Board of Directors will set a hearing date not more than 30 days after the request for a hearing is received.
2) At the hearing, the vehicle owner may present their argument, proof of prior consent to park the vehicle, or any other evidence as may be appropriate.
Determination. Subsequent to the hearing, the Board of Directors will meet in executive session and shall make a Determination as to the violation. One of the following Determinations will be made:
1) Not guilty, violation did not occur, no fine assessed.
2) Not Guilty due to extraordinary, or circumstances beyond the control of the vehicle owner. Vehicle to be removed/relocated. Fine rescinded in whole or in part.
3) Guilty fine assessed for each day that the vehicle is in violation and vehicle to be removed/relocated.
- All legal and administrative expenses and costs will be assessed against the Unit Owner's account, if the Unit Owner is found to be guilty of the violation.
- The Board of Directors may, if circumstances warrant, recall and rescind a parking violation notice when information received is such that the vehicle owner was unable to avoid or prevent the violation from occurring.
- Any vehicle parked in violation of any article of the Declaration, By-Laws or Rules and Regulations that is NOT owned by an association member shall be reported to the Mokena Police Department for appropriate citing.