RULES AND REGULATIONS FOR MCCARTHY STONE MANOR … · 2012-07-17 · 7. Snowmobiles, ATV’s, and...

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RULES AND REGULATIONS FOR

MCCARTHY STONE MANOR CONDOMINIUM ASSOCIATION

Adopted on June 23, 2010

by McCarthy Stone Manor Condominium Association’s Board of Directors

PREAMBLE

These Rules and Regulations have been adopted with the intent of providing the residents of

McCarthy Stone Manor Condominium Association (hereinafter “Association”) with a practical plan for

day-to-day living at the Association. The goal is to provide the residents of the Association with specific

information and a practical guide related to the daily living within the Association.

Due to the privilege extended to owners to rent their property in accordance with the Declaration,

it should be understood that these Rules and Regulations are binding on all tenants, invitees, and guests of

the owners or any occupants. Any action that needs to be taken to correct a violation will be taken by the

Board of Directors against both the owner, tenant, invitee and/or guest of the property in question.

These Rules and Regulations shall supersede any other Rules and Regulations for the

Association. Final authority for interpretation of these Rules and Regulations lies with the Board of

Directors.

A. VIOLATIONS

1. For Declaration, By-Laws, and Rules and Regulations to be completely effective and

enforceable, each owner and/or tenant must be in a position to report violations to the Board

or the Association’s Property Manager. Owners and/or tenants reporting violations must be

objective in their reports.

2. Owners are ultimately responsible for the actions of their tenants and/or guests and violations

committed by the tenants and guests will be enforced against the Owners.

3. All reports of violations must be written, signed by the unit owner or resident, and delivered

or mailed to a Board Member or the Association’s Property Manager. A copy of the

Violation Report form is attached hereto. However, the Board or the Property Manager will

accept hand written reports in substantially the same general form as the enclosed form.

B. FINE PROCEDURE

1. The Board will review each report of violation.

2. The offending owner will be notified in writing, using the attached Violation Notice form or

any proper report. Such notice shall be sent by regular mail or hand delivered to the

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offending owner and shall include the date when the Board will meet with the owner to

conduct a hearing on the alleged violation.

3. Should an owner wish to contest the violation he/she must attend the Board Meeting noted on

his/her Violation Notice. The owner will be given the opportunity to present any evidence on

his/her behalf.

4. At the hearing, the Board will advise the owner of the evidence it has of the alleged violation.

The offending owner will then have the right to present his/her case. The Board has the right

to limit the length of the meeting.

5. At the conclusion of the hearing, a fine may be imposed by a vote of a majority of the Board

Members present at the hearing. All Board Members must be present at the hearing in order

to approve the imposition of a fine. Within five (5) days of the hearing, the Board will

provide the owner with written notification of the findings. The Board’s decision is deemed

FINAL.

6. If an owner fails to attend the hearing or submit a written request to reschedule the meeting at

least twenty-four (24) hours in advance of said meeting, his/her failure to attend the hearing

will result in the allegations being deemed admitted.

7. If the Board determines that the owner and/or tenant is guilty of the violation, fines will be

posted to the owner’s account. Fines will be applied as follows:

a. Minor Offense:

First Offense: The unit owner will have seven (7) days to correct the violation. Failure to

correct the violation within that time frame will result in the assessment of a $25.00 fine.

Second Offense of the same violation: Immediate assessment of a $50.00 fine and the

unit owner having seven (7) days to correct the violation.

Subsequent Offenses of the same violation: Immediate assessments of $100.00 fines

and/or initiation of any other remedies allowed by the Declaration, By-Laws or

applicable Illinois law, including but not limited to initiating legal action.

b. Major Offense:

First Offense: The unit owner will have seven (7) days to correct the violation. Failure

to correct the violation within that time frame will result in the assessment of a $50.00

fine.

Second Offense of the same violation: Immediate assessment of $100.00 fine and the unit

owner having seven (7) days to correct the violation.

Subsequent Offenses of the same violation: Immediate assessments of $200.00 fines

and/or initiate any other recourse allowed by the Declaration, By-Laws, or applicable

Illinois law, including but not limited to initiating legal action.

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IF THE MAJOR OFFENSE COMMITTED VIOLATES SECTION F, PARAGRAPH

18 OF THESE RULES AND REGULATIONS, OR IF AN OFFENSE CAUSES

IMMEDIATE RISK TO INDIVIDUAL SAFETY OR VALUE OF THE

ASSOCIATION PROPERTY, THE BOARD OF DIRECTORS CAN IMMEDIATELY

ASSESS A $200.00 FINE AND/OR INITIATE ANY OTHER REMEDIES ALLOWED

BY THE DECLARATION, BY-LAWS, OR APPLICABLE ILLINOIS LAW,

INCLUDING BUT NOT LIMITED TO INITIATING LEGAL ACTION. ALL

REMEDIES SHALL BE CUMULATIVE.

8. In all cases, fines are charged to owners and the owner is responsible for payment of the

fines. If the owner’s tenant or guest violated the Declaration, By-Laws, and/or these Rules

and Regulations, the owner is still responsible for payment of the fine.

9. Should owners delay in payment of fines, they will be referred to the attorney for collection

in the same manner as late assessment payments are now referred.

10. In addition to imposing a monetary fine, the Board has the right to pursue all legal or

equitable remedies available to it, in addition to or instead of imposing a fine, to enforce any

of the restrictions set within the Rules and Regulations, Declaration, or By-Laws for the

Association.

11. A homeowner who violates these Rules and Regulations, or any restriction within the

Association’s Declaration or By-Laws, will be responsible for reimbursing the Association

for all costs and attorney’s fees incurred.

C. REFUSE, RECYCLING, AND YARD WASTE COLLECTION

1. Garbage and Trash

a. Garbage and trash collection practices shall comply with local ordinances.

b. All garbage is to be placed IN the garbage dumpster and closed with the swing

lid. DO NOT put trash bags alongside the dumpster; the garbage service will NOT

take your waste if it is outside the dumpster. If your garbage spills from its bag onto

the parking lot or down the stairs to the property owned by Lemont Park District and

the Lemont School District, which includes, but is not limited to the limestone

walkway, baseball field, school parking lot, school grounds, and retention pond,

commonly known and referred to as "the Bowl," it is the owner's responsibility to

pick up the trash and properly dispose of it.

c. Cardboard boxes are to be flattened and placed in the recycling bins.

d. A separate garbage pickup is required for the disposal of large items such as

appliances, mattresses, etc. Owners shall notify a Board Member and/or the

Association’s Property Manager of his/her need for a separate pickup, which shall

then be scheduled by the Board. Any additional fees incurred by the separate pickup

shall be the responsibility of the owner who is requesting the pickup.

2. Recycling

a. Recycling collection practices shall be in compliance with local ordinances.

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b. All recycling (paper, plastic, and glass can be co-mingled) is to be placed in one of

the three recycling bins near the garbage dumpster.

A violation of the section above shall constitute a minor offense.

D. PARKING

1. Unit owners or occupants may not use any other parking area for temporary parking.

2. No parking is allowed in the marked yellow Fire Lane. This provision does not apply to

people who are moving in or moving out of the building. Moving trucks are not to be left

unattended for more than half an hour.

3. No campers, boats, and/or trailers shall be parked on the common areas and/or drives without

first obtaining the written permission of the Board.

4. Only properly licensed and operable passenger vehicles may be parked in an owner’s

respective parking space.

5. Abandoned vehicles are not permitted anywhere on the premises. A vehicle is considered

abandoned if: It is not operable in its present condition because of disrepair and it has not

been moved for thirty (30) consecutive days, or more.

6. Parking of commercial vehicles is prohibited unless temporarily parked for the purpose of

making a delivery or performing a repair as requested by the Association or unit owner.

7. Snowmobiles, ATV’s, and dirt bikes may not be operated, parked or stored on the premises.

8. No car washing may be done in a unit owner’s respective parking spaces. Minor auto repairs

may be done only in an owner’s proper parking spaces. Common areas may not, under any

circumstances, be used for car washing or auto repairs.

9. No vehicle may be parked such that it blocks or hinders access to another parking space.

A violation of the section above shall constitute a minor offense. However, a violation of this section

may, WITHOUT WARNING, result in immediate towing of offending vehicles, at the owner’s risk and

expense.

E. SNOW REMOVAL

1. The Association has an agreement with a Private Contractor to remove snow and ice from the

parking lot. It is suggested that you temporarily remove your car from the lot if snow is more

than three inches, so the lot and your parking space can be plowed.

F. RESTRICTIONS ON PROPERTY USE

1. No construction or landscaping, either permanent or temporary, shall be placed and/or

maintained in or on the common areas, without the owner first obtaining the written approval

of the Board.

2. No climbing or damaging of trees in the common areas is allowed.

3. No feeding of birds or other wild animals is allowed.

4. No clothes, sheets, blankets, laundry of any kind, or other articles shall be hung out or

exposed on any part of the common areas or units. The common areas and units must be kept

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clear of litter, rubbish, debris, and other unsightly materials which must be kept in owners’

respective storage rooms, provided for such purposes.

5. There shall be no unattended, leaving, or storage of baby carriages, playpens, bicycles,

wagons, toys, recreational items, patio furniture, vehicles, benches, chairs, or other items on

any part of the common areas at any time, without the owner first obtaining the written

approval of the Board.

6. Owners are prohibited from storing items of personal or other property on or in the common

elements.

7. No personal items (temporary or permanent) shall be affixed to the common area.

8. At their discretion, the Board reserves the right to remove items placed on or affixed to the

common elements.

9. One doormat per unit is allowed and must be kept clean and neat.

10. Personal effects, such as, but not limited to, shoes, umbrellas, etc. are prohibited from being

left in the common areas.

11. Owners are permitted to display holiday decorations provided the decoration can be hung on

their respective unit door. Decorations are not to be permanently affixed or placed on the

floor of the common areas, and are not to create a hazardous condition. No holiday

decorations may be displayed more than thirty (30) days before the holiday. All decorations

must be removed no later than fifteen (15) days after the scheduled holiday.

12. Owners are not permitted to use and maintain flower boxes immediately adjacent to their

window ledges, as it constitutes an accident liability to the Association.

13. No permanent shed or storage container is allowed in the common areas.

14. No basketball hoops and/or backboards are allowed. Under no circumstances shall any

basketball hoop or backboard be installed on or attached to any part of a unit or placed in the

common areas.

15. Window air conditioning units are strictly prohibited.

16. No signs, including “For Sale” or “For Rent” signs, advertising or other displays shall be

maintained or permitted on any part of the Property, unless prior written consent has been

obtained from the Board. The Board will determine the appropriate location and form of any

approved “For Sale” or “For Rent” signs.

17. Barbeque grills and/or portable fire pits are not allowed to be operated and/or stored in the

common areas or on decks.

18. No nuisance, noxious, offensive, or illegal activity shall be carried on in the Units or within

the common areas, nor shall anything be done therein, either willfully or negligently, which

may be or become a nuisance to the owners or occupants of the units. The discharge of

firearms or fireworks any where within the property is strictly prohibited. Firearms include,

but are not limited to, B-B guns, pellet guns, and all other types and sizes of guns.

Violations of the paragraphs above (1 through 17) of this Section shall constitute minor offenses.

Violations of paragraph 18 of this section shall constitute a major offense and authorize the Board to

immediately initiate an action to evict the resident and/or tenant, without requiring the Board to take

any interim steps, except as may be required by statute.

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G. UNITS

1. The number of persons residing in an individual unit must be in compliance with applicable

Village and Cook County housing codes.

2. Each unit shall be used as a single family residence only.

3. No industry, business, trade occupation or profession of any kind, whether commercial,

religious, educational or otherwise, and whether designated for profit, altruism, exploration,

or otherwise shall be conducted, maintained or permitted in any unit unless specifically

permitted under the provisions of the Municipal Code of the City of Lemont.

A violation of the section above shall constitute a major offense.

H. PETS

1. No animal may be kept on or in any unit for commercial purposes, including breeding.

2. Only common household pets may be kept in a unit. Common household pets are limited to:

cats, dogs under 15 pounds, fish, caged birds, hamsters, gerbils, and guinea pigs. An

aquarium shall constitute one pet. Exotic pets will not be tolerated.

3. The number of household pets kept in a unit may not exceed four (4) in total number and

must be in compliance with the limitations imposed by the Village of Lemont and/or Cook

County.

4. Pets may not create a nuisance to other owners or tenants. Pets may not be offensive or

vicious to other owners or tenants. A violation of this paragraph shall constitute a major

offense.

5. Pets in the common element areas must be on a leash at all times and shall not be tied to trees,

poles, or any other structure.

6. Pets shall have their waste removed immediately after deposit by the pet’s owner within the

common areas (this includes elevator and hallway accidents).

7. Pets that are found to be a nuisance, offensive, or vicious by the Board of Directors shall not

be tolerated. Owners of theses pet(s) shall be required to appear before the Board and may be

ordered to remove the pet(s) from the property after notice and hearing. A violation of this

paragraph shall constitute a major offense.

8. An owner is responsible for the actions of the pet(s) of anyone residing in or visiting his/her

unit, and the costs of repairing any damage caused by the pet(s) shall be assessed to the

owner. The pet owner assumes all liability for the pet(s) and holds the Association harmless

for damage or liability related to injury or damage caused by the pet(s).

A violation of the section above, except as provided in paragraphs 4 and 7, shall constitute a minor

offense.

I. NOISE

1. Residents are required to exercise care to avoid loud noise, including that from the use of

musical instruments, radios, televisions, and amplifiers. Owners or tenants that feel their

neighbors have abused this rule should report such disturbances to the police, as well as to the

Board.

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J. SMOKING

1. There is no smoking allowed in any of the common areas. This includes the foyer, laundry

room, hallways, and elevator. If you stand or sit outside any of the building’s entrances, do

not keep the door propped the open. If you smoke by the door or window, you are asked to

be courteous of people entering and exiting. Please dispose of your cigarette butts and do not

leave them on the ground for someone else to sweep up.


K. WATER OR GAS SHUT OFF

1. The Board must be given five (5) days written notice of any request for a water or gas shut

off since this impacts the entire building and not just one unit. A sample request form is

attached for your use, if necessary; this form should be submitted to a Board Member or to

the Association’s Property Manger. You must contact a Board Member or the Association’s

Property Manager to obtain access to the maintenance room. Under no circumstances are

you, or a contractor working on your behalf, allowed to turn off the Water or Gas.

Emergency situation are exempt from this stipulation.


L. CONTRACTORS

1. Any work being done in individual condominium units is entirely at the unit owner’s

expense and responsibility. We recommend your using a licensed contractor, plumber, or

electrician for in-unit repair.

M. METER/CABLE ROOM

1. This room is kept locked at all times. You can submit a request for the keys by completing

the attached self-explanatory form and giving it to any one of the Board Members.

N. NO RECREATION USE OF CERTAIN COMMON AREAS

1. The parking lot, hallways, stairways elevators and laundry room shall not be used for

recreational purposes.


O. UNIT SPRINKLER HEADS

1. Unit owners are legally responsible to be in compliance with the Fire Code of the Lemont

Fire Protection District. This includes the purchase and maintenance of sprinkler heads in

individual units and within each unit owner’s assigned storage room (located on the 1st floor),

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if applicable. Individual unit owners bear all costs for each of their own sprinkler heads,

located within the owner’s own unit and/or allotted storage unit.


P. ASSESSMENTS

1. Monthly assessment payments are due on the first day of each month. There will be a five (5)

day grace period; after that, a late charge will be added to the offending unit owner’s account.

2. Monthly assessment payments received after the five (5) day grace period, five days after the

1st day of the month in which they are due, shall be deemed delinquent and a late charge in

the amount of $35 shall be added to the owner’s account. If an owner mails in their

Assessment check, the envelope must be post-marked by the U.S. Post Office on the first day

of the month in which it is due, or within the five (5) day grace period, in order for the

payment to be considered as paid on time.

3. Thirty (30) days of non assessment payments will result in the Association turning the

offending unit owner’s account over to an Attorney for collection.

4. Owners who submit checks to the Association, but which are returned by the owner’s bank

for insufficient funds shall be assessed a $35.00 charge, and be responsible to reimburse the

Association for any and all costs incurred.

5. From time to time, the Board may find it financially necessary to issue a Special Assessment.

Failure to pay by the due date(s) shall be deemed a delinquency, and late charge(s) in the

amount of $35.00 per late installment, shall be added to the owner’s account, for each late

installment of the special assessment. Special assessments will be collected in the same

manner as regular assessments. Special Assessment payments are due on the first day of each

month. There will be a five (5) day grace period; after that, a late charge will be added to the

offending unit owner’s account.

Q. CONDOMINIUM INSURANCE

1. Unit owners shall be responsible for insurance on the personal property in their unit, as well

as their personal liability to the extent not covered by the Association’s insurance.

2. Unit owners must provide proof of insurance by way of a signed letter from their Insurance

Agent or Broker certifying the Unit Owner has condominium insurance and when the

insurance coverage expires. It is the responsibility of the unit owner to provide the

Association with an updated Proof of Insurance letter when their current policy expires.

Renewal letters stating Proof of Insurance must be presented to the Board/Association within

ten (10) days of current policy expiring.


R. MOVING IN & MOVING OUT OF THE BUILDING

1. When unit owners and/or their tenants move in or out of the building, unit owners and/or their

tenants are responsible for the clean-up of any mess made in the hallways, on the stairs, in the

elevator, in the parking lot, or anywhere else in the common areas. From the point of the

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unit’s doorway all the way to the point of car(s) and/or delivery truck(s), the owner and/or

tenant is responsible to clean-up any mess made along the way. If spills occur anywhere on

the common element carpet, the offending unit owner and/or tenant is responsible for

cleaning and/or vacuuming the mess. Unit owners and/or their tenants are responsible for any

damage caused to the common elements when moving in or moving out.

2. The Board encourages moving parties to use the 1st floor, South entrance, by the ramp for

moving in or out of the building to avoid shattering the front (North), or main (West) glass

doors. Please exercise caution when moving in or out of the building by not banging the

doors or the walls with furniture or other moving items. Damage to the common areas,

including, but not limited to, walls, doors, and floors will be the responsibility of the unit

owner and/or tenant who caused such damage, whether intentional or unintentional.


S. RENTALS

1. Owners shall not rent or lease their unit without a written lease, a signed copy of which must

be provided to the Board or the Association’s Property Manager, along with the attached

Tenant Information form, within five (5) days of the lease being executed.

2. All lease or rental agreements shall clearly state that the lessee is bound by the Declarations,

By-Laws, and Rules and Regulations of the Association. All lessees shall execute certain

Lease Riders prescribed by these Rules and attached hereto.

3. Each owner shall be responsible for providing their tenants with copies of the Declaration,

By-Laws, and Rules and Regulations.

4. The owner is responsible for paying ALL fines due to the misconduct of his/her tenant. All

expenses incurred by the Board of Directors, Property Manager, or Attorney in the

enforcement of this Section shall be borne by the UNIT OWNER.


T. TRANSFER OF OWNERSHIP

1. When selling his/her unit, the seller must supply the Board or Association with the name and

address of the buyer, a copy of the sales contract, and a forwarding address for the seller.

2. It is required that when selling his/her unit, the seller must supply the buyer with copies of the

Declaration, By-Laws, and Rules and Regulations of the Association.

3. No “For Sale” or “For Rent” signs are allowed to be posted on the front lawn without the

owner first obtaining the prior written approval of the Board. No “For Sale” or “For Rent”

signs are allowed to be posted in any window. No advertising or other displays shall be

allowed to be displayed on or in the common elements.

4. If an owner is working with a Realtor to sell his/her unit, it is the responsibility of the unit

owner to instruct the realtor to place the Key Lock Box on the glass door that is unused at the

West Door Entrance. If there is any uncertainty about the placement of the Key Lock Box,

please contact any one of the Board Members or the Association’s Property Manager for

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clarification. The unit owner is also responsible for contacting the realtor in a timely manner

for removal of the Key Lock Box once his/her unit is sold or taken off the market.

5. Upon ten (10) days written notice to the Board or the Association’s Property Manager, using

the attached Request for Closing Letter form, a statement of account and closing letter will be

provided to the owner, setting forth the amount of any unpaid assessments and other charges

due and owning from said owner. There will be a $60.00 charge for this service, when it is

for a paid assessment letter that is required for a closing that transfers title to a new owner. If

the paid assessment letter is necessary only for a refinance by the current owner, the fee will

be $35.00. A check for the applicable amount must be received at the same time as the

request for a Closing Letter or the Closing Letter will not be issued. A $75.00 fee will be

charged for any paid assessment letters requested less than ten (10) days before closing. A

$75.00 check must accompany the less than ten (10) day written notice to the Board or

Association’s Property Manager, or the Closing Letter will not be issued.


U. DOCUMENT COPIES TO BE PURCHASED

1. Extra copies of the Declaration and Rules and Regulations for McCarthy Stone Manor

Condominium Association can be requested by contacting a Board Member or the

Association’s Property Manager; there will be a $35.00 fee, to be paid at the time of request.

A copy of the plat of Survey may also be purchased for $35.00. Payment is required at the

time of purchase.

V. SATELLITE DISES AND ANTENNAS

1. Article XVI, Section 5 of the Declaration prohibits the installation of antennas, etc., on the

roof without the prior written consent of the Board.

2. For those owners who have already installed dishes on the roof, the dishes should be removed

when the owner sells the property, at his/her expense.

3. The owner(s) with dishes currently on the roof must execute a hold Harmless Agreement or

remove their dishes from the roof at their cost and expense. Attached hereto as Exhibit A is a

true and accurate copy of the Hold Harmless Agreement.

4. Each unit owner who installs a satellite dish or antennae must execute a Hold Harmless

Agreement, which will state that the owner agrees to indemnify the Association for any

liability, and to reimburse the Association for any attorney’s fees and costs incurred or other

costs incurred by the Association related to the installation and/or maintenance of the satellite

dish or antennae.


A VIOLATION OF ANY OF THE AFOREMENTIOINED RULES IS SUBJECT TO A

FINE. A VIOLATION OF THE PARKING RULES IS SUBJECT TO BOTH A FINE

AND TOWING.

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Adopted June 23, 2010

The Association hereby adopts the foregoing Rules and Regulations this 23rd day of June, 2010.

President Dated

Secretary Dated

Treasurer Dated

RULES AND REGULATIONS FOR MCCARTHY STONE MANOR … · 2012-07-17 · 7. Snowmobiles, ATV’s, and...

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Transcript of RULES AND REGULATIONS FOR MCCARTHY STONE MANOR … · 2012-07-17 · 7. Snowmobiles, ATV’s, and...