Old Farm Lakes: Declaration of Covenants and Restrictions

The following words and terms, when used in this Declaration, or any Supplemental Declaration (unless the context clearly indicates otherwise) have the following meanings:

The real property which is, and shall be, held, transferred, sold, conveyed, leased and occupied subject to this Declaration, is located in the City of Bloomington, County of McLean and State of Illinois, and is more particularly described at length in Exhibit A to this Declaration. All of the real property described in said Exhibit A is referred to as the "Existing Property".

The Developer, its successors and assigns, shall have the right, without the further consent of the Association or any other owner to bring within the scheme and operation of this Declaration, additional properties, provided, however:

Except to the extent the developer is obligated-to the City of Bloomington through the annexation agreement, the General Area Plan shall not bind the Developer, its successors and assigns, to adhere to the Plan in any development of the property depicted thereon. It is also understood that the Developer is free to develop such portions or sections of the lands depicted in the General Area Plan as, in the reasonable exercise of its discretion, it deems in the best interest of the entire development, without regard to the relative location of such portions or sections within the overall plan; that it is not required to follow any predetermined sequence or order of improvement and development; and that it may bring within the scheme of this Declaration additional lands, and develop the same before completing the development of the Existing Property.

Upon prior approval in writing of the Association, pursuant to authorization of two-thirds of the votes of its members, voting as provided in Section 3 of Article III hereof, the owner of any property not declared in Exhibit A or B who desires to add such property to the scheme of this Declaration, may file of record a Supplementary Declaration of Covenants and Restrictions as described in Section 4 of this Article II.

The additions authorized under this Declaration shall be made by filing of record in the Office of the McLean County Recorder of Deeds a Supplementary Declaration of Covenants and Restrictions with respect to such additional property which shall extend the operation and effect of the Covenants and Restrictions of this Declaration to such additional property and which shall incorporate a revised vote allocation schedule.

Any such Supplemental Declaration may contain such complementary additions and modifications of the Covenants and Restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Association’s Board of Managers/Directors, to reflect and adapt to any difference in; character of the added properties, and as are not inconsistent with the scheme of this Declaration.

Upon merger, combination or consolidation of the Association with another association, the properties, rights and obligations of the Association may, by operation of law, be transferred to another surviving or consolidated association, or in the alternative, the properties, rights and obligations of another association may, by operation of law, be added to the properties of the Association pursuant to a merger, combination or consolidation. The Surviving or consolidated association may administer the Covenants and Restrictions established by this Declaration within the Property, together with the covenants and restrictions established upon any other properties as one scheme. No such merger, combination or consolidation, however, shall effect any revocation or change of, or addition to the Covenants and Restrictions established by this Declaration within the Property, except as herein provided.

Every person with an ownership interest in a lot-automatically and without further action, shall be a Member of the Association.

Every person who is entitled to possession and occupancy of any Lot or Living Unit as a tenant or lessee of a Member, may be an Associate Member of the Association and as such, shall be privileged to use its Common Properties and facilities, subject to the Rules and Regulations of the Association.

Members of the Association shall be entitled to vote in person or by proxy as follows: for each lot (as defined in Item (f) of Section 1 of Article I) held in fee simple: one vote for each 100 square feet of lot area, rounded to the nearest 100. When more than one person holds the fee simple title to any lot, such as under the condominium form of ownership, tenants by the entirety, joint tenants or tenants in common, the vote for such lot shall be exercised in accordance with that person’s percent of ownership of the common elements, as established by the Condominium Declaration or other covenants establishing the co-ownership, or as the co-owners among themselves determine, but in no event shall more than one vote per 100 square feet of lot area be cast.

For the purpose of computing the total number of votes in the Association, and the number of votes associated with the ownership of any lot, the developer and all owners agree to be bound by the vote allocation schedule attached to this Declaration as Exhibit C, as that schedule is amended and revised from time to time, pursuant to the recording of supplementary Declaration of Covenants and Restrictions, pursuant to Article II of this Declaration.

The Association shall have and possess all powers necessary to carry out the responsibilities of the Association set forth in this Declaration and shall operate through an elected Board of Managers/Directors pursuant to this Declaration and the By-laws set forth as Exhibit D.

Members of the Association shall be entitled to vote in person or by proxy as follows: for each lot (as defined in Item (f) of Section 1 of Article I) held in fee simple: one vote per lot. When more than one person holds the fee simple title to any lot, such as under the condominium form of ownership, tenants by the entirety, joint tenants or tenants in common, the vote for such lot shall be exercised in accordance with that person’s percent of ownership of the common elements, as established by the Condominium Declaration or other covenants establishing the co-ownership, or as the co-owners among themselves determine, but in no event shall more than one vote per lot be cast.

Section 3 and Section 4 of Article III is hereby revoked and amended by this Section 6.

Subject to the provisions of this Declaration and the rules and regulations of the Association, every Member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot or interest therein.

The Developer may retain the legal title to the Common Properties until such time as it has completed- -initial improvements thereon and until such time as, in the judgment of the Developer, the Association is able to maintain the same. The Developer, however, notwithstanding any provision herein, hereby covenants for itself, its successors and assigns, that it shall convey to the Association the Common Properties designated on any recorded final subdivision plat not later than the seventh anniversary of the date of the recording of such plat, or seven years from the date of this Declaration, whichever is later.

The rights and easements of enjoyment created hereby shall be subject to the following:

By acquiring an ownership interest in any lot in Old Farm Lakes, each purchaser or grantee and his, her or its heirs, executors, administrators, successors and assigns agree to pay to the Association: (1) Annual Assessments; (2) Special Assessments; and (3) the annual and special assessments of any subsidiary owners association. Each such person shall be deemed to have consented to make such payments and to have agreed to all the terms and provisions of this Declaration, whether or not a mention of such a provision was included in the contract, deed or other instrument by which he, she or it acquired title. The annual and special assessments of the association and of any subsidiary owners association, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge and shall constitute a continuing lien upon the land, lot and living unit against which each assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall also be the personal obligation of the person or persons or entity who held such ownership interest at the time when the assessment fell due. In the case of co- ownership of a lot or living unit, all of such co-owners of the lot or living unit shall be jointly and severally liable.

The OFLPOA Board must give special notice to all OFLPOA Members 30 days prior to the Annual Meeting notifying them of any proposed "NON-MAINTENANCE" in excess of $1,000 for the upcoming budget year. Such expenses cannot be budgeted for or spent until approval is given via a vote of the majority of homeowners at the Annual Meeting. "NON-MAINTENANCE EXPENCES" are expenses that are not approved to keep up the existing common properties of the OFLPOA.

The period for which Annual Assessments of the Association and all subsidiary owners' associations are made shall be the twelve-month period extending from January 1 through the next succeeding December 31. The period for the first Annual Assessment shall begin January 1, 1988.

Each Annual Assessment shall become due upon, and payable on or before the first day of February following the commencement of such Annual Assessment period.

The Board of Directors of the Association with respect to the Association and each subsidiary owners' association (or association on their behalf) with respect to their assessments, shall cause to be prepared, at least thirty (30) days in advance of the due date of each assessment, a list of the properties and all assessments applicable thereto, in alphabetical order, according to the names of the Owners thereof, which list shall be kept in the office of the Association and shall be open to inspection, upon request, by any Owner of a lot or owner of an interest therein.

The Association shall, upon the request of any Owner liable for an assessment or of the mortgagee of the Owner’s premises, furnish to such Owner or mortgagee a certificate in writing, signed by an officer of the Association, setting forth whether or not such assessment has been paid. Such certificate shall constitute conclusive evidence of the payment of any assessments therein stated to have been paid.

If the assessments are not paid promptly on the due date thereof, then such assessment shall become delinquent automatically and shall, together with interest thereon and costs of collection thereof as hereinafter provided, become a continuing lien on the property against which it is levied, which lien shall bind such property in the hands of the then Owner, his, her or its heirs, executors, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his, her, their or its personal obligation and shall not be a personal obligation of his, her, their or its successors in title unless expressly assumed by them.

If the assessment is not paid within thirty (30) days after the due date, the assessment, together with interest thereon at the rate of twenty percent (20%) per annum may be enforced and collected by the Association with respect to Association charges and by each subsidiary owner association, or association on their behalf, with respect to the charges of any subsidiary owners association, by the institution of an action at law against the Owner or Owners personally obligated to pay the same, or by an action to foreclose the lien against the property, and there shall be added to the amount of such assessment and interest, the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include, in addition to the assessment, interest, court costs, and attorney’s fees.

The following property subject to this Declaration shall be exempt from the assessments, charge, and lien created herein: (a) all Common Properties as defined in Section 1 of Article I hereof and (b) all properties owned by the Developer.

The developer shall create an Architectural Control Committee consisting of three members appointed by the Developer.

Vacancies in the Architectural Control Committee shall be filled by the Developer. When the Developer no longer owns any of the properties, the Architectural Control Committee shall become self-perpetuating, with vacancies filled by the remaining members. The Architectural Control Committee may act through a designated agent, which designation may be made and revoked by written instrument, placed of record in the office of the McLean County Recorder of Deeds.

In the event the Committee fails to approve or disapprove any such proposal within forty-five (45) days after said plans and specifications have been fully submitted to it, or in any event, if no suit or other proceeding to enjoin or prevent the structure, addition, alteration or change has been commenced within thirty (30) days from the completion thereof, approval will not be required and the provisions of this Section shall be deemed to have been waived with respect to such structure, addition, alteration or change.

The Association shall provide for the care and maintenance of the Common Properties from annual and special assessments levied and collected by the Association pursuant to Article V. Care and maintenance of the Common Properties shall include without limitation the following:

Care and maintenance of the lots (except as otherwise specifically provided) shall be the responsibility of the owners thereof, acting individually, through Subsidiary owners' associations, or by purchase of services from the Association.

Responsibility for insuring, maintaining, repairing and replacing all buildings and structures not comprising a part of the common properties other than zero lot line detached shall belong to the subsidiary owners' association and respective members thereof, who shall levy and collect not less than the minimum amounts established by the Association for such purposes. The Association shall purchase such insurance and provide for such care, maintenance, repair and replacement (directly or through approved private contractors) solely from fees levied and collected from and by the subsidiary owners' association or its members and paid over to the Association for investment and disbursement. Responsibility for insuring and maintaining zero lot line detached housing shall belong to the owner thereof, who may purchase such services from the Association.

Every Owner of a lot, or interest therein, by the acceptance of a deed for the same, or by acceptance of title as devisee or heir, covenants that he, she or it will not permit the lot, condominium living unit or any improvements (including but not limited to the buildings, structures, grass, shrubs, trees, driveways, walks, and fences thereon to be maintained in other than good repair and in a safe, neat and attractive condition. In the event any such owner shall fail to so maintain his lot, condominium living unit or other improvement thereon and such neglect, in the judgment of the Board of Managers/Directors of the Association, shall result in a condition of unsightliness tending to adversely affect the value or enjoyment of neighboring properties, or should constitute a hazard to persons or property, the Board of Managers/Directors of the Association, or the Architectural Control Committee or an subsidiary owners' association may give notice of such conditions to the Owner of the lot or condominium living unit, demanding that such condition be abated within seven (7) days from the date the notice is sent. If the Owner of the lot, interest therein or condominium living unit does not rectify the condition at the end of such period, the Association, Committee or subsidiary owners' association may cause such work to be performed as is necessary to rectify the condition. The cost of such work shall be assessed against the lot or condominium living unit upon which the services are performed and shall be added to and become a part of the annual maintenance assessment or charge to which such lot or condominium living unit is subject under Article V hereof, and as part of such assessment or charge, it shall be a lien and obligation of the Owner in all respects as provided in Article V hereof, except that payment for any work performed pursuant to this Section shall be due upon presentation to the Owner, either in person or by regular mail, of the invoice therefor such fee shall not be limited by the Article VII Section 1(a) limitation. Default in prompt and full payment within ten (10) days from the date the invoice is sent to the Member, shall entitle the Association, Committee or subsidiary owners' association to twenty percent (20%) interest on the amount due from the date of the invoice, which interest shall also constitute a lien upon the lot or condominium living unit and personal obligation to the Owner thereof, which may be collected as other delinquent assessments.

For the purpose of performing either any exterior maintenance requested by the lot owner under Section 2 of this Article, or of performing after expiration of the notice period required in Section 4 hereof, the necessary exterior work as provided in said Section 4 of this Article, the Association, Committee and subsidiary owners' association, through their authorized agents, servants, employees, or contractors, shall have the right to enter upon any lot, and enter any living unit within the Properties at reasonable times.

The Developer shall have the right to make such improvements and provide such facilities in the Common Properties as it considers to be advantageous to the Properties and to the Owners of lots and condominium living units within the properties, and the Association shall be obligated to accept such improvements and facilities and-to properly maintain the same at its expense. The Association, at its expense, also shall maintain and carry on the services instituted, from time to time, by the Developer for the benefit of the Properties and the Owners of lots and condominium living units therein. The Association may furnish such services as the Board of Directors of the Association from time to time by resolution may determine, which may include the following:

No building, dwelling, wall, fence, swimming pool, sidewalk, drive, tent, awnings, sculpture, pole, hedge, tree, bush, shrub, mass planting or other structure or excavation shall be commenced, erected, planted on or removed from the properties nor shall any exterior addition to any such existing structure be changed or altered including painting or staining until the plans and specifications therefore showing the nature, species, kind, shape, height, color and materials and location of same with accurate references to lot lines and showing proposed grading, draining and method of soil control or so much of that information as the architectural control committee deems relevant, shall have been submitted to and approved in writing by the architectural committee.

It is the intent and purpose of these covenants that living units shall be of good quality and workmanship and that all materials substantially the same or better than those which can be produced on the date these covenants are recorded. The minimum permitted living unit size being as follows:

New building materials shall be used in construction. No modular construction shall be allowed. However, precut and preassembled components may be used. The extent of precut and/or preassembled components permissible under these covenants include only roof trusses, without roofing material attached, wall components without exterior or interior siding attached and without electrical or plumbing in place or as otherwise permitted in advance by the Architectural Review Committee.

Each living unit must be improved with not less than a two car nor more than a three car garage attached to the living unit. Each garage shall have a paved driveway from the street.

Lot purchasers specifically agree that if they have not started construction of the living unit on the lot contracted for within two years from the date of said contract then in such event developer is given the exclusive right and option to repurchase said lot at the price paid developer free and clear of any and all liens and encumbrances due to the action of the purchasers. In the event of such repurchase, taxes shall be prorated to the date of repurchase. This provision is set forth to help speed the development of the overall project and buyers acknowledge and agree to comply with the same. Construction of living units on lots must be completed within one year after commencement.

No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be constructed on any lot at any time.

All structure shall be erected, altered, placed or permitted to remain only in accordance with Chapter 44 of the Bloomington City Code except as specifically provided in the annexation agreement approved by the Bloomington City Council recorded as Document No. 86-18483.

The owner of such lot agrees to be responsible for the condition of the sidewalk, curb and gutter immediately adjacent to such lot. In the event the same is broken or in any way damaged the owner agrees to assume responsibility for and pay the actual costs, repair or replacement. The lot owner agrees to complete such repairs within 90 days following written notices by the developer or the City of Bloomington of such damage.

Minimum building set back lines shall be as shown on the final subdivision plat or plats of the development and in accordance with the Bloomington City Code.

No structure shall be placed on any lot until the location of the structure, topography and finished grade have been approved by the architectural control committee. All grade elevation shall follow the grading plan approved by the City of Bloomington. Lot owners agree to assume any responsibility for manhole variations that might be required as a result of lot owners grading and to make such adjustments and pay the actual costs thereof within 90 days following written notice from the developer or City.

No owner shall permit a person, firm or corporation to strip, excavate or otherwise remove top soil for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto. Even this excess shall stay in the development if the architectural control committee determines that it is needed for fill or on other portions of the property.

All lots must be sodded in front and sodded or seeded on Side or rear yards within 30 days from occupancy weather permitting. One shade and one flowering tree shall be planted in the front yard within 30 days from occupancy. The size, type and location to be approved in advance by the Architectural Review Committee.

No boundary fence shall be built more than 4 1/2 feet in height from the ground. No fence or wall (except split rail fences) shall be erected, placed or altered on any lot nearer any street than the minimum setback line. Any boundary fence constructed upon the premises must be a minimum of 6 inches inside the property line of the lot owned by the party constructing the fence.

Footing tile systems shall be installed off the footings so that the bottom of the inside diameter is a minimum of 1/2 inch below the top of the footings. No footing tile or downspout shall be connected to the sanitary sewer system. No surface water shall be allowed in the footing tile drainage system except upon written approval of the architectural control committee. Footing tiles may be connected to plastic pipe drainage systems as approved by the City of Bloomington. All sump pumps must be connected to plastic tile drainage systems.

No billboard or advertising signs whether on separate structures or on buildings shall be located except those permitted by City ordinance and the usual contract or real estate and promotion signs of the developer.

Developer will provide and install a mailbox and name plate at a reasonable price which each purchaser agrees to purchase and maintain.

Automobile parking spaces shall be provided and maintained at the ratio of 2 off street parking spaces per living unit. No trailers, trucks, recreational vehicles, boats or other motor vehicles except passenger cars shall be parked on the streets of this development overnight for more than one night. No trailers, trucks, recreational vehicles, snowmobiles or other motor vehicles except passenger cars shall be parked on any lot in this development for more than 24 hours unless said boat, trailer, truck, recreational vehicle or other motor vehicle is parked in a garage or other suitable shelter.

The installation of any recreational facility such as a swimming pool, tennis court, etc. requires prior written approval of the architectural control committee. No pools above ground level will be permitted under any circumstances.

No pets shall be kept in exterior pens or cages and only common household pets shall be allowed. No commercial or barnyard animals shall be permitted.

Trash, garbage, paper and other wastes shall not be burned on the premises outside of any living unit.

No intoxicating liquor shall be sold on the premises nor shall there be any other commercial use permitted on any lot.

The obligations of this Article IX shall not be binding or obligate the developer.

The covenants and use restrictions set forth in this Article shall be applicable to any lot constituting a part of the properties proposed, used or developed as a site for Zero lot line attached housing.

For the purposes of this Article, the following definitions shall apply:

In the event that by reason of the construction, settlement or shifting of the buildings, or the design and/or construction of any living units, any part thereof encroaches or shall thereafter encroach upon any part of any other living unit or Lot, or if by reason of the ducts or conduits serving more than one living unit encroach or shall thereafter encroach upon any part of any other living unit or Lot, valid easements for the use and maintenance of the encroachment shall be established for so long as all or any part of the building containing the same remains standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of the owner of any unit if such encroachment occurs as a result of the willful conduct of said owner. Easements shall be declared and granted to install, lay, operate, maintain, repair and replace any pipes, wires, ducts, conduits, public utility lines or structural components running through the walls of a unit, whether or not such walls lie in whole or in part within the unit boundaries of lot lines.

All dividing walls which straddle any boundary line between lots and which stand partly upon one lot and partly upon another and all walls which serve two or more living units shall at all times be considered party walls, and each of the owners of lots upon which any such party wall shall stand, shall have the right to use said party wall below and above the surface of the ground and along the whole length of any part of the length thereof for the support of said dwelling unit and for the support of any building or structures constructed to replace the same, and shall have the right to maintain or replace in or on said wall any pipes, ducts, or conduits originally located thereon, subject to the restrictions herein contained, to-wit:

Which lien shall bind the owner of the repaired or rebuilt unit, his heirs, devisees, personal representatives, grantees and assigns. Further, in the event such owner does not make prompt payment in the full amount of such claim, the owner(s) so repairing or rebuilding shall have the right to foreclose such lien as permitted by Illinois law. The lien of such entity described in this subsection shall be subordinate to the lien of any prior trust deed, mortgage, or mortgages now or hereafter placed upon the dwelling parcel prior to such repair or rebuilding.

The owners of all living units in a dwelling structure shall have the following obligations:

In the event a single insurance policy is not available, each owner shall at all times keep his respective living unit fully insured for the full insurable replacement cost thereof with coverage as provided above and shall name the other units of the dwelling structure as additional insureds under the policy for the purpose of providing funds in those cases in which the owner(s) neglects or refuses to rebuild or repair subsequent to a fire or casualty loss. Each owner shall upon request from another owner in the same structure deliver to said other owner a certificate evidencing such insurance coverage and evidence of premium payment and that the policy remains in full force and effect.

Each owner of a living unit shall procure his own liability and contents insurance coverage. Nothing shall be done or kept in any living unit which will increase the premium rate of insurance On the dwelling structure applicable for a residential use. No lot owner shall permit anything to be done or kept upon his premises which will result in the cancellation of insurance on the building structure or any part thereof, or which would be in violation of the law.

In, the event that a living unit owner fails to perform any obligations set forth in this Article, the remaining unit owner(s) in the same dwelling structure, any subsidiary owners' association and the Association may take action to enforce such obligation in the following manner:

The covenants and restrictions put forth in this Art1cIe shall be applicable to any lot constituting a part of the properties proposed, used or developed as a site for Zero Lot Line Detached housing.

Said windowless wall and/or fence shall not contain any door, window, duct, or aperture of any kind which abuts or adjoins the dominant estate.

Said privacy fence shall be architecturally and aesthetically compatible with the adjoining building; and replacement and maintenance shall be of the same type, height, materials, and structural components as constructed with the initial building construction. Said privacy fence shall be maintained in good condition and repair by the servient estate and shall not be removed, replaced, destroyed, or materially altered by the servient estate except by mutual agreement with the dominant estate.

The owner of each zero lot line attached lot shall be obligated:

In the event of any dispute arising concerning the rights and obligations created herein, the servient estate and the dominant estate shall each choose one (1) arbitrator, and such arbitrators shall choose one (1) additional arbitrator, and the decision of a majority of all the arbitrators shall be binding.

The Covenants and Restrictions set forth in this Declaration shall run with and bind all of the land included in the Properties hereof, and shall inure to the benefit of and be enforceable by the Association, and the Owners of any land subject to this Declaration, their respective successors, assigns, heirs, executors, administrators, and personal representatives, for a period of twenty-five (25) years from the date this Declaration is recorded in the office of the McLean County Recorder of Deeds, at the end of which period such Covenants and Restrictions shall automatically be extended for successive periods of ten (10) years each, unless at least two-thirds of the Owners of the lots at the time of the expiration of the initial period, or of any extension period, shall sign and record an instrument, or instruments, in which they shall agree to change said Covenants and Restrictions in whole or in part.

Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent, and notice thereby given, when mailed, by regular post, with postage prepaid, addressed to the Member or Owner at the last known post office address of the person who appears as. a Member on the records of the Association at the time of such mailing. Notice to one of two or more co-owners of a lot or living unit shall constitute notice to all co-owners. It shall be the obligation of every Member to immediately notify the Secretary of the Association in writing of any change of address.

Except as otherwise provided, these, covenants may be amended by the agreement of the following:

Any amendment shall be in writing and made of record by recording a copy thereof in the office of the McLean County Recorder of Deeds.

Enforcement of these Covenants and Restrictions shall be by any appropriate proceeding in law or equity in any court or administrative tribunal having jurisdiction, against any person or persons, firm or corporation violating or attempting to violate or circumvent any such Covenant or Restriction. Such suit may seek an injunction to prevent such violation or threatened violation or may seek to recover damages, or may seek to enforce any lien created by this Declaration in any covenant herein contained, or may take any other form authorized by law. Failure by the Association, subsidiary owner’s association, or any Owner or Member to enforce any covenant or restriction herein contained for any period of time, shall in no event be deemed a waiver or estoppel of the right to thereafter enforce the same.

Should any covenant or restriction herein contained, or any Article, Section, Subsection, sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no way affect the other provisions hereof which are hereby declared to be severable, and which shall remain in full force and effect.