These are the original governing documents. They are
presently undergoing review and revision.
This page will be updated when the new documents are
approved by the Stelle residents.
DECLARATION OF PROTECTIVE
AND RESTRICTIVE COVENANTS
STELLE SUBDIVISION
STELLE, ILLINOIS
This declaration is made and entered
into and dated this 5th day of April, 1983, by THE STELLE GROUP,
INC., an Illinois not-for-profit corporation, having its office and principal
place of business in the community of Stelle, Illinois, in Ford County,
hereinafter referred to as “Declarant,” and its successors and assigns,
W I T N E S S E T H :
WHEREAS, the Declarant is the owner
of the real property described in Article I of this declaration and is desirous
of subjecting said real property to the conditions, covenants, restrictions,
reservations, and easements hereinafter set forth, each and all of which is and
are for the benefit of all of the property and each owner thereof and shall
inure to the benefit of and payoff with said property and each and every parcel
thereof and shall run with the land and be a covenant binding upon the
successors and interest to Declarant;
NOW THEREFORE, The Stelle Group
hereby declares that the real property described and referred to in Article I is
and shall be held, transferred, sold, conveyed, and occupied subject to the
conditions, covenants, restrictions, reservations, and easements (sometimes
hereinafter collectively referred to as “covenants”) hereinafter set forth.
ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall
be held, declared, sold, conveyed, and occupied subject to the covenants set
forth herein is located in the unincorporated section of Ford County, Illinois,
within Township Twenty-nine (29) North, Range Nine (9) East of the Third
Principal Meridian, in Section Thirty-five (35) thereof legally described as
follows, to wit:
See attached for legal description:
ARTICLE II
GENERAL PURPOSES OF THIS DECLARATION
The real property in Article I hereof
is subject to the covenants hereby declared to insure the proper use and
appropriate development and improvement of said Stelle Subdivision and every
part thereof and to protect the owners of the property therein against such
improper use of surrounding lots as may depreciate the value of their property;
to guard against the erection thereon of buildings built of improper or
unsuitable materials or design; to insure adequate and reasonable development of
the property; to encourage the erection of attractive improvements thereon with
appropriate locations thereof; to prevent haphazard and inharmonious
improvements; to secure and maintain proper setbacks from streets and adequate
free spaces between structures; and in general, to provide adequately for a
highest type of quality of improvements in Stelle Subdivision and to insure
desirous high standards of maintenance and operation of the property subject to
these covenants.
ARTICLE III
DEFINITIONS
1.
BASEMENT: A portion of a building located partially under ground but having
more than half of its clear floor to ceiling height below the average grade of
the adjoining ground at the building front.
2.
BUILDING: Any structure having a roof supported by columns or by walls and
intended for the shelter, housing, or enclosure of any person, animal, or
chattel.
3.
BUILDING HEIGHT: The vertical distance measured from the established ground
level to the highest point of the underside of the ceiling beams, in the case of
a flat roof; to the deck line of a mansard roof; and to the mean level of the
underside of rafters between the eaves and the ridge of a cable hip or gambrel
roof. Chimneys and ornamental architectural projections shall not be included
in calculating the height.
4.
DECLARANT: The Stelle Group, an Illinois not-for-profit corporation, its
successors and assigns.
5.
DWELLING: A residential building or portion thereof but not including
hotels, motels, rooming houses, nursing homes, tourist homes, or trailers.
6. LOT:
A parcel of land under common fee ownership occupied or intended for occupancy
by one dwelling and having frontage upon a street. Therefore, a “lot” may or
may not coincide with the lot of record.
7. OWNER:
The fee simple owners entitled to any lot; the beneficial owners of any land
trust holding title to any piece of property; and, in addition thereto, any
persons occupying any premises under lease with the fee simple owner or
otherwise.
8. STORY:
That portion of a building included between the surface of any floor and the
surface of the floor next above; or if there is no floor above, the space
between the floor and the ceiling next above. A basement shall be counted as a
story and a cellar shall not be counted as a story.
9.
STRUCTURE: Anything erected or constructed upon a lot, the use of which
requires a more or less permanent structure on or in the ground. A sign or
other advertising device shall be construed to be a separate structure.
ARTICLE IV
GENERAL RESTRICTIONS
1. LAND
USE AND BUILDING TYPE: All lots within the Stelle Subdivision shall be used
for private residential purposes unless otherwise designated for another use on
the map of the subdivision attached to this declaration as Exhibit A and by this
reference incorporated herein. All lots within the Third Resubdivision of the
Stelle Subdivision shall be used only for single family or duplex residences.
2.
SINGLE-FAMILY LOTS: No owner of a lot designated, as a single-family lot on
the map of the subdivision, attached as Exhibit A, shall use any building
constructed thereon for the residence of more than one family. Any residential
building constructed upon such a lot shall be not more than 2 ˝ stories above
the ground. In the event that any single-family residential dwelling
constructed shall set aside space for a garage, then said garage shall contain
space for the parking of no more than 2 ˝ automobiles therein. In the event
that any single-family residential dwelling constructed in the Third
Resubdivision of the Stelle Subdivision shall set aside space for a garage, then
said garage shall contain space for parking of no more than 3 automobiles
therein.
3.
MULTI-FAMILY LOTS: No lot designated as a duplex or multiplex lot on the
map, attached as Exhibit A, shall have any residential dwelling constructed
thereon which shall be used for any other purpose than as a duplex home for two
families or a multiplex home for more than two families. Any such building
constructed upon a duplex or multiplex lot shall be not more than 2 ˝ stories in
height. Each lot so built upon may have a garage constructed and, if so
constructed, any such garage shall contain space for parking of no more than 2
automobiles per family unit.
4.
REZONING FOR OTHER USES: No owner shall apply for any variance or amendment
to the rezoning of any property within Stelle Subdivision to any governmental
unit, including the Ford County government, intending to use any lot within
Stelle Subdivision in a manner inconsistent with these restrictions.
5.
DWELLING QUALITY AND SIZE: It is the intention and purpose of these
covenants to insure that all dwellings be of a quality of design, workmanship,
and materials approved by the Architectural Review Board as hereinafter
described. All dwellings shall be constructed in accordance with the applicable
building code and with all restrictive standards as may be required by the
Architectural Review Board. The floor area of all dwelling units constructed
upon any lot exclusive of basement, attic, breezeway porches, and garage space
shall be as follows:
(a) No
single-storage family residence shall be erected on any lot which shall contain
less than 1040 square feet. Any dwelling so constructed for single-family use
shall have included therein areas designated for and able to be used for
bathing, sleeping, living, dining, cooking, storage, and utility. In the event
that any such residential dwelling has two or less spaces designated or to be
used therein for bedroom areas, then said dwelling shall contain as a minimum
one complete bathroom area, which shall include a toilet, bath, and sink. In
the event that any such residential dwelling has three or more spaces designated
as bedroom areas therein, then in addition to said one complete bath there shall
be one-half bath space designated therein to include a toilet and sink.
(b) No two
story single-family residence shall be erected on any lot which shall contain
less than 1350 square feet.
(c) No
tri-level or 1 ˝-story single-family residence shall be erected on any lot
containing less than 1250 square feet.
(d) The
bathroom requirements for one-story single-family residences shall also apply to
1 ˝-story and two-story single-family residences.
(e) No duplex
residence or multi-family residence shall be erected on any lot containing less
than the then applicable minimum square footage requirements for such dwellings
as are then in enforce and effect as required by the Farmer’s Home
Administration of the United States government or the space requirements for any
such single-family unit within any duplex or multi-family dwelling as would be
the case if said unit were constructed as a single-family residence on a
separate lot; whichever requires the greater number of square feet.
(f) In the event that any single-family residential dwelling constructed in
the Third Resubdivision of the Stelle Subdivision, the minimum square footage
for any single-story residence shall be 1350 square feet; for any two-story,
tri-level, 1 ˝ story, bi-level or split level home, the minimum square footage
shall be 1500 square feet. The minimum square footage for any duplex shall be
900 square feet per living unit. On any lot with less than 20,000 square feet,
the minimum square footage for a single-story home shall be 1040 square feet.
ARTICLE V
LOCATION ON LOT
A. No building
shall be located on any lot nearer to a street right-of-way than 25 feet on any
lot of 1/3 acre or less. No building shall be located on any lot nearer to a
street line right-of-way than 35 feet on any lot of more than 1/3 acre. No
building shall further be located within 10 feet of the side and rear lot lines,
not fronting on a street right-of-way. In the event that one owner owns one or
more contiguous lots and combines them for the purpose of constructing one
residential dwelling thereon, then the lot line limitation shall apply to the
outside borders of said combined property area, not withstanding the above
minimum setback requirements regarding the lot lines fronting on a street’s
right-of-way. In the event that any owner constructs any building on a lot
adjacent to a lot where there is then existing a dwelling, said dwelling to be
constructed shall be set back in addition to said above minimum amounts at least
5 additional feet to avoid being aligned in a straight line with the adjacent
dwelling unit provided, however, that any building may be located 5 feet or more
in front of any setback of the building adjacent thereto if the minimum frontage
setback requirements set forth above are complied with.
B. No building
shall be located upon any lot contiguous to the intersection of two roads or on
any curved road unless the building is set back far enough from the lot line
fronting on any street or right of way sufficient to permit the unobstructed
vision of vehicles on said roads within the sine triangle formed by the center
of the intersection or curve and two points 75 feet distant, each point being on
the centerline of the intersecting or curving streets. For purposes of
determining the setback requirements to provide for such unobstructed vision,
townhouses, row houses, apartment buildings, and any other multi-family
dwellings that shall be considered a single building.
C. For the
purpose of determining compliance with the setback requirements of this Article,
the measurement shall be from the property line contiguous to the street; thence
in a straight line to the nearest foundation wall of the building.
ARTICLE VI
ANTENNAS OR TOWERS
No antenna or tower shall be erected
and placed on any lot which shall project outside or above the building
contained thereon.
ARTICLE VII
EASEMENTS
A. In the
recorded plat of the resubdivision of Stelle Subdivision No. 1 and all
amendments thereto, Declarant and other owners of property within said
subdivision have granted an easement to utility companies and their respective
successors and assigns within the area as shown by broken lines on any such plat
and marked “public utility and access easement” for the purpose of allowing any
utility company to install, construct, operate, renew, and maintain within said
easement area any and all necessary pipes, conduits, and other underground
equipment for the purpose of serving the lots and owners within said
resubdivision with all utility services available. The easements so granted
allow any utility company to cut down and remove any trees, shrubs, and saplings
that interfere with or pose a potential harm to the utility company providing
services to the property within the subdivision.
B. No building
shall be built upon or over any such easement except for peripheral utility
hardware necessary to support the operation of the associated underground
utility equipment, and appropriate enclosures for the same. Any acceptable
aboveground hardware and enclosures shall not however, by their location,
interfere with the installation and maintenance of underground utility equipment
or with pedestrian or vehicular traffic on areas designated to allow for such
traffic. In the event that any owner constructs a private driveway across any
such easement, it is done so at his or her sole risk acknowledging and
understanding that any such utility company shall have the right to dig up and
excavate any such driveway to gain access to equipment contained within the
easements described and granted above.
C. Under this
Article VII there is further reserved an assignable easement for the planting
and maintenance of evergreens, trees, shrubs, grass, and other landscaping and
for the maintenance of sidewalks, side strips, parkways, and woods, in and
around these streets designated on the plat of resubdivision.
ARTICLE VIII
TEMPORARY STRUCTURES
A. No trailer, house trailer, mobile home, modular home, prefabricated home,
tent, animal pen, barn, or any other temporary structure shall, except as
otherwise provided for herein, be at any time erected or placed onto any lot
within the subdivision and no such temporary structure shall be used at any time
as a residential dwelling, either temporary or permanent.
B. Trailers and other temporary buildings may be used in conjunction with the
construction of a residential dwelling by the persons engaged in the
construction thereof; but they shall, before any person may occupy any such
completed residential building, be removed from said lot.
C. In the event that any owner is displaced from his residential dwelling
because of a fire or other disaster which renders the dwelling uninhabitable,
that then and in that event, for a period of 90 days from and after the time of
such destruction and damage, said owner shall be entitled to place a trailer or
mobile home upon his property to be used by him for residential purposes during
said 90-day period, in which time said premises shall be restored to a condition
to allow the owner to resume occupancy of said residential dwelling and any
mobile home or trailer used durig said 90-day period shall, at the expiration
thereof, be removed. In the event that the owner has used due diligence and has
proceeded with all deliberate haste to repair the damage caused by the disaster
and still is unable to render the premises habitable for use within said 90-day
period, that then and in that event, upon a showing to the Architectural Review
Board that the owner has used due diligence in attempting to complete the
repairs, the Board shall, by written letter, grant an additional 90-day period
in which to complete the restoration.
ARTICLE IX
ARCHITECTURAL CONTROLS
A. No building, fence, wall, or other structure shall be commenced, directed,
or maintained, or shall any addition to or any change or alteration therein be
made until the construction plans and specifications of a plan showing the
design, size, and location of the structure shall have been approved in writing
by the Architectural Review Board. The Architectural Review Board shall have
the right to refuse to approve any such construction plans or specifications,
grading plan or landscape plan, which is not suitable or desirable in the
opinion of the Board for aesthetic and other reasons; and in so passing, the
Board shall have the right to take into consideration the type and kind of
materials proposed to be used; whether or not the proposed structure is in
harmony with the existing design of existing structures; the extent that
existing foliage will be required to be removed by said construction; and the
finished grade elevation and the effect of the building or other structure on
the adjacent and neighboring properties.
B. Any person desiring to construct any building or structure upon any lot
shall submit said plans and specifications, as required by the Architectural
Review Board, to it. In the event that the Board fails to approve or disapprove
said plans within 30 days of submission to it, the plans and specifications
shall be considered approved.
C. No plans and specifications shall be approved, however, by the Board unless
the Board is satisfied that any structure or building proposed to be erected
will not interfere with any existing solar energy collection devices on any
adjacent property or any proposed solar collection devices, the plans for which
have been submitted to the Board or approved by the Board prior to the instant
application. No building shall further be constructed nor shall the
Architectural Review Board approve the plans therefore unless it is satisfied
that the plans for any such proposed residential dwelling provide for sanitary
plumbing and inside toilet facilities to be connected with the Stelle Community
Sewer System and Treatment Plant; the cost of which connection shall be made at
the expense of the owner or unless the Board shall, upon application, allow for
the installation of a compost toilet in any such residential dwelling.
D. Upon an owner receiving approval of the Architectural Review Board, either
by a lapse of time or by formal written approval, the owner shall forthwith
commence construction of the structure or building so approved and shall
complete said construction within 12 months from the date of approval by the
Board unless an extension is applied for and granted by the Architectural Review
Board.
ARTICLE X
ARCHITECTURAL REVIEW BOARD CREATION
A. There is hereby created an Architectural Review Board consisting of three
members. The members will be determined and operate in accordance with the
provisions herein and with the provisions of the Stelle Community Association
bylaws in Article VIII thereof.
B. The Architectural Review Board shall be responsible for the aesthetic,
functional, and practical coordination of the growth and development of Stelle
resubdivision. In order to facilitate this responsibility, the Board shall have
and is hereby given the authority to review and approve or disapprove all
construction plans prior to any person commencing construction or placing of any
building or structure upon a lot within the subdivision. The Board shall, when
reviewing all plans and specifications submitted to it, also determine whether
or not the plans and specifications comply with the laws and ordinances of the
County of Ford that stand in effect although nothing herein contained shall be
construed to permit any construction in a manner inconsistent herewith even if
otherwise permitted by the laws and ordinances of Ford County, Illinois; it
being understood and agreed that the Ford County ordinances and rules shall be
adhered to and considered by the Architectural Review Board only if they are
more restrictive than the rules and regulations herein contained and applied by
the Architectural Review Board in passing on plans and specifications for
proposed construction.
ARTICLE XI
FENCES
No fence or wall shall be erected on
any lot or any existing fence altered unless such fence or wall or altered fence
or wall is first approved by the Architectural Review Board. The wall or fence
must be consistent with the quality of workmanship of other fences and walls and
made of the type and kind of materials approved by the Architectural Review
Board.
ARTICLE XII
DRIVEWAYS AND SIDEWALKS
A. Every owner
constructing a residential dwelling upon any lot shall, within three months
after said premises are ready for occupancy, install at his sole cost and
expense a paved access way from the front door of the residential dwelling to
the street. Such paved access way shall take the form of either a sidewalk for
pedestrian traffic or, in the event that a garage is constructed with said
residential dwelling, said owner shall construct a driveway from said garage to
the street; and in the event that said driveway provides continuous access from
the street to the front door of the premises, the sidewalk shall not be
necessary for such lot. Any such sidewalk or driveway installed by the owner
shall consist of asphalt blacktop, concrete, or other similar surface with the
same qualities and character as asphalt or concrete.
B. In the event
that during the construction of any structure upon any lot within the
subdivision the adjacent street is damaged in any fashion, intentionally or
negligently or otherwise through the operation of the contractor, his agents or
employees, or the owners during said construction, then within two months
subsequent to substantial completion of said construction, the owner shall, at
his sole cost and expense, replace and repair said street to its condition as
existed prior to commencing said construction.
ARTICLE XIII
DIVISION OF EXISTING LOTS
No lot, as set forth in the plat of
subdivision or resubdivision of Stelle, shall be resubdivided or otherwise
through conveyance reduced in size except as may be authorized and provided for
on said plat.
ARTICLE XIV
NUISANCES
A. No owner,
guest, licensee, or invitee of any owner shall allow any motor vehicle in
nonoperative condition to remain anywhere within the subdivision for more than
10 days. In the event that any such nonoperative vehicle is left in common view
and in any other place other than the garage of said owner for more than said 10
days, there and in that event the owner hereby consents to allow said motor
vehicle to be towed and removed from said premises to a place determined in the
sole discretion of the Stelle Community Association Board of Directors. The
owner shall pay for all costs and expenses incurred in said towing and any
storage charges, if any.
B. No person
shall store any refuse or rubbish except in a covered garbage can outside of the
residential dwelling from which the rubbish or garbage is generated and nor
shall any such storage on any lot be done in such a fashion to appear unclean,
unhealthy, untidy, obnoxious, or unpleasing to the eye or nose. In the event
that any person desires to burn any construction material or hold a community or
private bonfire upon his own property, prior permission must first be obtained
and a permit issued from the Community Association. Unless a permit is obtained
for the burning of rubbish and refuse on property, any other type of outdoor
burning of trash, refuse, or garbage is prohibited.
C. No
livestock, poultry, or dog or cat shall be kept and maintained on any lot
outside of any dwelling. Any dog or cat kept as a pet must be on a leash at all
times when in public. In the event that any pet defecates in public, the owner
thereof shall be responsible to clean said excrement up immediately.
D. No
obnoxious, excessively noisy, or offensive activity shall be carried on by any
person upon any lot, nor shall any person suffer anything to be done or engage
in any activity on any lot which is a nuisance or is intended to be a nuisance
to other residents of the subdivision.
E. No owner
shall install any clothesline on a lot unless such clothesline is retractable
and is retracted when not in use.
F. Any recreational vehicle, boat, or trailer must be parked off the street,
in a designated paved parking area upon the homeowner’s lot. Placement of such
parking area is subject to approval of the Architectural Review Board, and in
some cases screening or fencing may be required.
ARTICLE XV
LANDSCAPING AND CONSTRUCTION
A. Any earth
and dirt excavated during the construction of any building or structure on any
lot in excess of that needed to grade and landscape the lot upon the completion
of the construction shall remain the property of the Declarant and shall be
removed from the premises and delivered to such place or places as designated
within Stelle by the Stelle Community Association.
B. No person
shall excavate more than 10 feet below the grade of the land as exists prior to
commencing construction of any building or structure upon his property except
with the prior consent of the Architectural Review Board. All improved lots
must, within six months after the completion of the construction of a dwelling
thereon, be graded to an acceptable grade as required by the Architectural
Review Board and be seeded with grass on those areas not so built upon within
said six-month period. Thereafter, all weeds must be cut and lawns maintained
within the property lines of each owner’s lot. In the event that the grass
and/or weeds on any lot exceeds 8 inches in height and after notice thereof by
the Architectural Review Board, the owner fails to cut said grass or weeds, that
thereafter the Stelle Community Association may cause the premises to be mowed
and the owner thereof shall be responsible to the Community Association for
reasonable compensation for said mowing, said reasonable compensation to be
determined at the sole discretion of the Stelle Community Association.
C. In order to protect the drainage grading of the ditches, every lot owner in
the Third Resubdivision of the Stelle Subdivision shall be required to install a
culvert and access driveway before beginning any construction on any lot.
D. Regarding newly constructed homes in the Third Resubdivision of the Stelle
Subdivision, every homeowner shall be required to plant a minimum of 3 trees no
less than 1” in diameter upon their lot, within six months of occupancy.
E. In order to provide adequate street lighting, every homeowner of a newly
constructed home in the Third Resubdivision of the Stelle Subdivision shall be
required to install and maintain one functioning non light-polluting yard light
with light sensor or timer switch, in the front yard, according to
specifications provided by the Architectural Review Board of the SCA. In the
case of a corner lot, 2 yard lights may be required.
ARTICLE XVI
STELLE COMMUNITY ASSOCIATION
A. There shall
be formed an Illinois not-for-profit corporation to be known as the Stelle
Community Association, hereinafter referred to as the “Association” whose
purposes shall be to insure high standards of maintenance and operation of all
property in Stelle, reserved by the Declarant for the common use of all
residents and owners of property therein and to insure the provision of services
and facilities of common benefit and in general to maintain and promote the
desired character of Stelle Subdivision.
B. Every record
owner of a fee simple interest, every contract purchaser of a lot, and every
tenant over the age of 18, as set forth in the bylaws of the Stelle Community
Association, shall become and remain a member of the Association and shall be
entitled to vote on matters as set forth in said bylaws provided, however, that
the Declarant shall have a vote for each lot owned and one vote for each living
unit that has been or is now occupied upon each lot.
C. The
Association shall have the power to maintain, operate, and control the common
areas to enforce these covenants and carry out the purposes of the corporation;
to own or lease such real estate as may be necessary in order to carry out the
purposes of the corporation; and to make such improvements to the common areas
dedicated to it by the Declarant as it deems appropriate and proper.
D. For the
purpose of providing a general fund to enable the Association to exercise its
power, to make and maintain the improvements, and render services as provided
for within this declaration of protective covenants and within its bylaws, the
Board of Directors of the Association shall have the power and authority to
establish an assessment against each lot as hereinafter set forth.
E. Each
additional person from and after the date hereof who fits within the definition
of a member within the bylaws of the Stelle Community Association shall become a
member of the Association.
F. All
Articles of this Declaration may be amended by a simple majority vote (51%) of
all eligible Class A and Class C Members, and upon any such amendment being
passed and approved by the Association the same shall be recorded in the Office
of the Recorder of Deeds of Ford County, Paxton, Illinois, and such amendment
shall be valid upon such recording.
ARTICLE XVII
LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS
A. The
Declarant hereby covenants, and each owner of any lot by acceptance of a deed
thereof, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association such annual and/or special
assessments as are established herein and paid in the manner hereinafter
provided. All such assessments, together with 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 such assessment is
made. Each such assessment, together with interest thereon and costs of
collection thereof, shall also be the personal obligation of the person who was
the owner of such property at the time when the assessment fell due and shall
not pass to his successors in title unless expressly assumed by them. 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 assessable unit.
B. The lien of
the assessments provided for herein shall be subordinate to the lien of any
first mortgage or first deed of trust or any other prior existing lien. Sale or
transfer of any assessable unit shall not affect the assessment lien. No sale
or transfer shall relieve such assessable unit from liability for any
assessments thereafter becoming due or from the lien thereof.
C. All
assessments shall be levied by the Association against assessable units and
collected and disbursed by the Association except for a non-property related
assessments as designed in Section E (3) below.
D. The general
assessment shall be used exclusively to improve, maintain, and operate the
common area and facilities, including funding of appropriate reserves for future
repair and replacement. The amount of the assessment shall be the determination
of the Class A voting members. The Association shall fix the annual general
assessment at an amount sufficient to meet the obligations imposed by the
declaration. In the event that the Association fails to fix an assessment for
any fiscal year, then each assessment established for the prior year shall
automatically be continued until such time as the Association acts.
1. For general
assessment purposes, there shall be two categories of assessable units, both of
which shall be assessed at a uniform rate within each category.
2. All living
units which are or have been occupied shall be assessed at 100% of the general
assessment rate.
3. All lots
owned by anyone other than the developer, as defined within the bylaws of the
Association as having living units thereon which are not occupied nor have they
ever been occupied, shall be assessed at 10% of the general assessment rate,
except as specified in paragraph H of this article.
4. Any
multi-family living unit built prior to April 1983 which does not meet the
requirements for living space as set forth in Article IV, shall be considered as
a single family living unit for the purposes of assessment and voting.
E. The special
assessments are as follows:
1. The
Association may levy in any assessment year a special assessment applicable to
that year and payable over not more than the next 3 succeeding years, for the
purpose of defraying, in whole or in part, the cost of any capital improvement
upon the common area, including fixtures and personal property related thereto,
or upon public land within the properties, provided that any such assessment
shall have the assent of both the Class C and Class A membership voting as two
distinct classes as defined in the bylaws.
2. The
Association Board of Directors may levy a restoration assessment upon any lot
whose owner fails to maintain such lot or who fails to provide such maintenance
funds as may be required. Restoration assessments shall be limited to the
amount necessary to meet the cost of restoration or deficiency in required funds
and the cost of collection thereof.
3. The
Association may levy a non-property related assessment which shall be the
determination of Class A and Class B members. The method of assessment shall be
designated as part of the resolution or vote adopting the assessment. It is
expressly forbidden that liens against property be used to enforce payment of
these assessments.
F. Any
assessment installment not paid within 30 days after the due date shall be
delinquent. Thereupon, the Association shall provide notice of such delinquency
and may: (a) declare the entire balance of such annual or special assessment
due and payable in full; (b) charge interest penalty from the due date at a
percentage rate no greater than the statutory maximum; (c) give registered mail
notice to the owner that in the event payment with accrued interest is not paid
within 30 days from the date of such notice, then the expressed contractual lien
provided for herein shall be foreclosed; and (d) upon registered mail notice to
the owner, suspend the right of such owner to vote or to use the recreational
facilities until the assessment and accrued interest is paid in full.
G. The property
subject to declaration assessment is the residential property and common areas
designated on the plat maps called the second resubdivision of Stelle
Subdivision #1, filed in April, 1983. Residential lots and/or homes owned at
the date of the filing of the plat are specifically exempt unless the owner(s)
elects to join the Association. The developer shall convey all common areas and
facilities within six months of establishment of the Association. The
Association is expressly forbidden from mortgaging any common area or facility
without the written approval of the developer so long as the developer has
rights in this association.
H. The
following property subject to the declaration shall be exempt from the
assessments, charge and lien created herein: (a) all properties to the extent
of any easement or other interest therein dedicated and accepted by a public
authority and devoted to public use; (b) all common areas; (c) all properties
exempted from taxation by the state or county government or other public
agencies of jurisdiction upon the terms and to the extent of such legal
exemption, provided that no property utilized for residential purposes shall be
exempt.
ARTICLE XVIII
GENERAL PROVISIONS
A. Each of the
covenants set forth in this declaration shall continue and shall be binding for
a period of 20 years from and after the 1st day of January, 1983.
B. The
covenants herein set forth shall run with the land and bind the Declarant, its
successors, grantees, and assigns, and all parties claiming by, through, or
under them. Declarant and each owner or owners of any of the above land from
time to time shall have the right jointly and separately to sue for and obtain a
prohibitive or mandatory injunction to prevent the breach of, or to enforce the
observance of, the covenants above set forth, or any of them, in addition to the
right to bring an ordinary legal action for damages. Whenever there shall have
been built on any lot in Stelle Subdivision any structure which is and remains
in violation of the covenants above set forth, or any of them for a period of 30
days after actual receipt of written notice of such violation from Declarant by
the owner of such lot, then Declarant shall have, in addition to the foregoing
rights, the right to enter upon the property where such violation exists and
summarily abate or remove the same at the expense of the owner, and such entry
and abatement or removal shall not be deemed a trespass. In no event shall the
failure of Declarant and such owners to enforce any of the covenants herein set
forth as to a particular violation be deemed to be a waiver of the right to do
so as to any subsequent violation.
C. If a court
of competent jurisdiction shall hold invalid or unenforceable any part of any
covenant or provision contained in this declaration, such holding shall not
impair, invalidate or otherwise affect the remainder of the declaration which
shall remain in full force and effect.
D. Declarant
reserves the right to vest the Association or any other not-for-profit
corporation with all or any of the rights, privileges, easements, powers, and
duties herein retained or reserved by the Declarant by written instrument or
instruments in the nature of an assignment which shall be effective when
recorded in the office of the Recorder of Deeds of Ford County, Illinois, and
Declarant shall thereupon be relieved and discharged from every duty to be
vested in the Association or in such other not-for-profit corporation.
* * * * *
E. The Declarant and each owner or owners have the right to amend this
Declaration so long as each amendment is given written approval on a ballot by
65% of the total number of Stelle Community Association Class A Members.
IN WITNESS WHEREOF, The Stelle Group
has caused this instrument to be executed by its President, attested by its
Secretary, and its corporate seal to be hereunto affixed, the day and year first
above written.