ByLaws & Covenants
ByLaws
Hunt Club Homeowners Association By-Laws
BYLAW ONE
OFFICES
The name of this organization is Hunt Club Homeowners Association (�Association�), a voluntary, private not for profit corporation, whose members are already subject to the duly recorded covenants and restrictions pertaining to the Hunt Club Subdivision.
BYLAW TWO
PURPOSES AND OBJECTIVES
The purposes and objectives for which this Association is organized are as follows:
(a) To develop a community designed for safe, healthful, and harmonious living.
(b) To promote the collective and individual property and civic interests and rights of all persons, firms, and corporations owning property in the Hunt Club Subdivision.
(c) To care for the improvements and maintenance of community buildings, gateways, public easements, parkways, grass plots, parking areas, and other facilities of any kind dedicated to the community use of the Association and other open spaces and ornamental features of the subdivision, which now exist or which may hereafter be installed or constructed in such subdivision.
(d) To assist the owners in maintaining in good condition and order all vacant and unimproved lots or tracts of land now existing or that hereafter shall exist in the tract, and further assisting the owner of such lots or tracts of land in preventing them from becoming a nuisance and a detriment to the beauty of the subdivision and to the value of the improved property therein, and to take any action with reference to such vacant and unimproved lots or tracts of land as may be necessary or desirable to keep them from becoming such a nuisance and detriment.
(e) To aid and cooperate with the members of the Association and all property owners in the subdivision in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property as are now in existence, as well as any other conditions, covenants, and restrictions as shall hereafter be approved in accordance with the covenants and restrictions for the Hunt Club Subdivision, and to counsel with the Village of Shorewood in relation to any portion of the subject property.
(f) In general, but in connection with the foregoing, to do any and all things necessary to promote the general welfare of the residents and owners of any portion of the subdivision and their property interests in the same.
(g) To acquire, own, or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers, and privileges of ownership to the same extent as natural persons might or could do.
(h) To arrange social and recreational functions for its members.
(i) To exercise any and all powers that may be delegated to it from time to time by the owners of real property in the tract.
(j) This Association shall not engage in partisan political activity or pursue partisan political purposes.
(k) The Association also has such powers as are now or may hereafter be granted by the General Not-For-Profit Corporation Act of the State of Illinois.
BYLAW THREE
MEMBERS
(a) Class of Members. The Association shall have one class of members. The qualifications and rights shall be as follows:
(1) Every beneficial owner, as distinguished from a security owner, of a residential unit in the Hunt Club Subdivision shall be a member.
(2) Membership shall obligate the owner to comply with and be bound by these bylaws and amendments thereto, and the policies, rules, and regulations at any time adopted by the Association in accordance with these bylaws.
(3) Membership in this Association shall terminate on such member�s ceasing to be a legal or beneficial owner of a residential building site, lot, or unit in or on the property described in these bylaws.
(b) Voting Rights. Each member in good standing present at a duly called meeting shall be entitled to vote on each matter submitted to a vote of the members. A member in good standing shall have one vote for each residential lot of which he or she is a beneficial owner. Where two or more owners own a lot, only one vote for each lot owned shall be allowed, and such joint owners shall designate and register with the Secretary of the Association the name of that owner entitled to cast such single vote.
(1) At membership meetings all votes shall be cast in person, or by proxy granted to another member and registered with the Secretary.
(2) The Board of Directors is authorized to establish regulations providing for voting by mail.
(3) Provided that notwithstanding the foregoing, the developer Kipling Development Corporation, as legal owner or as the beneficiary of a land trust owning legal or beneficial interest in any lots comprising the Hunt Club Subdivision shall have ten (10) votes for each residential lot for which it has legal or beneficial ownership therein.
BYLAW FOUR
MEETINGS OF MEMBERS
(a) Annual Meeting. There shall be an annual meeting of the members for the purpose of hearing reports from all officers and standing committees and for electing directors. The time and place shall be fixed by the directors.
(b) Regular Meetings. In addition to the annual meetings, regular meetings of the members shall be held at such time and place as shall be determined by the Board of Directors.
(c) Special Meetings. A special meeting of the members may be called by the Board of Directors. A special meeting of the members must be called within thirty (30) days by the President, or the Board of Directors, if requested by not less than one-third of the members having voting rights.
(d) Notice of Meetings. Written notice stating the place, day, and hour of any meeting of members shall be delivered either personally or by mail to each member entitled to vote at such meeting, not less than seven (7) days before the date of such meeting, or at the direction of the Secretary. Notice by mail shall be deemed delivered when deposited with the United States Postal Service, postage prepaid.
(e) Quorum. Twenty percent (20%) of the members in good standing present at a duly called meeting shall constitute a quorum at any meeting of the members. In the absence of a quorum, a majority of the members present may adjourn the meeting from time to time without further notice.
(f) Proxies. At any meeting of the members, a member entitled to vote may vote by proxy granted to another member and executed in writing by the member. No proxy shall be valid after three (3) months from the date of its execution, unless otherwise provided in the proxy.
(g) Voting by Mail. Where directors or officers are to be elected by members, or where there is an act requiring the vote of the members, such election or vote on such proposed action may be conducted by mail in such manner as the Board of Directors shall determine.
BYLAW FIVE
BOARD OF DIRECTORS
(a) General Powers. The affairs of the Association shall be managed by the Board of Directors.
(b) The number of initial Directors shall be three (3). Each Director shall be a member in good standing of the Association and shall hold office until his or her successor shall have been elected and qualified. After the date upon which Kipling Development Corporation no longer has a vote as a member of this Association, the number of Directors shall then be not less than one (1) from each Unit within the subdivision, plus two (2) at large. Each Director shall be a member in good standing of the Association, and shall hold office until two (2) annual meetings of the members following his or her original qualifications shall have been held, and until his or her successor has been elected and qualified. An exception to the provision for two year tenure shall be in the case of Directors first taking office following the date upon which Kipling Development no longer owns a legal or beneficial interest in such subdivision. The term of office of the first five (5) directors shall be as follows:
(i) The directors representing Units One and Two, and one of the at large directors, who shall be determined by lot, shall hold office until the second subsequent annual meeting after the date of their initial election. Thereafter, elections shall be held in even numbered years to fill these offices.
(ii) The directors representing Unit Three and one of the at large directors, who shall be determined by lot, shall hold office until the third subsequent annual meeting following their election. Thereafter, elections shall be held in odd numbered years to fill these offices.
(c) Regular Meetings. The Board of Directors shall meet regularly at least once every quarter, or otherwise as determined by the Board.
(d) Special Meetings. A special meeting of the Board of Directors may be called by or at the request of the president or of any two directors.
(e) Notices. Notice of any special meeting of the board of directors shall be given at least twenty-four (24) hours prior to such meeting, by written notice delivered personally or sent by telephone facsimile (FAX) equipment, or sent by mail to each director. Notice by mail shall be deemed delivered when deposited with the United States Postal Service, postage prepaid. Any director may waive notice of any meeting.
(f) Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board, but if less than a majority of the directors are present at such meeting, a majority of the directors present may adjourn the meeting from time to time, and without further notice.
(g) Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these Bylaws.
(h) Vacancies. Any vacancy occurring in the Board of Directors, and any directorship to be filled by reason of the increase in the number of directors until the first regular election occurs, shall be filled by appointment by the president with the advice and consent of the Board of Directors. A director appointed to fill a vacancy shall be appointed for the unexpired term of his or her predecessor in office.
BYLAW SIX
OFFICERS
(a) Officers. The officers of the Association shall be a President, a Vice-President, a Secretary, and a Treasurer, and each member of the Architectural Committee. One person may hold one or more offices.
(b) Qualifications and Method of Election. The officers shall be members in good standing of the Association, shall be elected by the Board of Directors, and shall serve for a term of one year. All officers shall be members of the Board of Directors.
(c) President. The President shall preside at all meetings of the Association and of the Board of Directors at which he or she is present, shall exercise general supervision of the affairs and activities of the Association, and shall serve as a member ex officio of all standing committees. The President, with the advice and consent of the Board of Directors, shall establish and appoint committees and committee members as the business of the Association shall require.
(d) Vice-President. The Vice-President shall assume the duties of the President during the President�s absence, and shall carry out such duties and responsibilities as may be assigned by the President from time to time.
(e) Secretary. The Secretary shall keep the minutes of all of the meetings of the Association and of the Board of Directors, which shall be an accurate and official record of all business transacted. The Secretary shall be custodian of all association records, and shall distribute copies of the covenants and bylaws to all new residents. The Secretary shall cause to be distributed at least annually to all members the names, addresses and telephone numbers of the Board of Directors.
(f) Treasurer. The Treasurer shall receive all Association funds, keep them in a bank or other savings institution approved by the Board of Directors, and pay out funds only on notice signed by the Treasurer and by one other officer. In addition, the Treasurer shall be responsible for preparing and submitting such reports, returns and other filings as may be required from time to time to maintain compliance with Federal, State, and local laws and regulations.
(g) Vacancies. A vacancy in any office because of death, resignation, removal. disqualification, or otherwise, may be filled by any member of the Board of Directors for the unexpired portion of the term, as the President, with the advice and consent of the Board of Directors, may appoint.
BYLAW SEVEN
ARCHITECTURAL COMMITFEE
(a) Establishment and Authority of Architectural Committee. There is hereby established a permanent standing committee known as the Architectural Committee, which shall have all the rights, duties, responsibilities and powers described in and granted to such committee by the Declaration of Covenants, Conditions, Restrictions, Reservations, and Equitable Servitudes for the various units of The Hunt Club Subdivision, as amended from time to time.
(b) Membership of Architectural Committee. The Board of Directors of the Association shall appoint the members of the Architectural Committee.
BYLAW EIGHT
INDEMNIFICATION
(a) Action by Other Than Association. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that such person is or was a director or officer of the Association or is or was serving at the request of the Association as a director or officer of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding if such person acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Association, and with respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in or not opposed to the best interests of the Association and with respect to any criminal action or proceeding, had reasonable cause to believe that the person�s conduct was lawful.
(b) Action by Association. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Association to procure a judgment in its favor by reason of the fact that such person is or was a director or officer of the Association, or is or was serving at the request of the association as a director or officer of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys fees) actually and reasonably incurred in connection with the defense or settlement of such action or suit if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the Association, and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for willful negligence or misconduct in the performance of duty to the Association unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) Expenses. To the extent that a director or officer has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in (a) or (b) above, or in defense of any claim, issue or matter therein, such director or officer shall be indemnified against expenses (including attorneys fees) actually and reasonably incurred in connection therewith.
(d) Prerequisites. Any indemnification under (a) or (b) above (unless ordered by a court) shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the director or officer is proper in the circumstances because the director or officer has met the applicable standards of conduct set forth in (a) and (b). Such determination shall be made by the Board by a majority vote of directors who were not parties to such action, suit or proceeding.
(e) Advances by Corporation. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as authorized by the Board in the specific case upon receipt of an undertaking by or on behalf of the director or officer, to repay such amount unless it shall ultimately be determined that the director or officer is entitled to be indemnified by the Association as authorized in this Bylaw.
(f) Other Remedies. The indemnification provided by this Bylaw shall not be deemed exclusive of any other rights to which such director or officer may be entitled under any agreement, vote of disinterested directors or otherwise, both as to action in an official capacity while holding such office and as to a person who has ceased to be a director or officer and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(g) Insurance. The Association may purchase and maintain insurance on behalf of any person who may be indemnified under the provisions of this Bylaw against any liability asserted against such person and incurred in any capacity or arising out of any status for which the person may be indemnified.
BYLAW NINE
FEES, DUES, AND ASSESSMENTS
(a) Annual Dues. The Board of Directors may establish from time to time that amount of annual dues to be paid by each member to the Association in order for each member to remain in good standing. The initial amount of annual dues shall be $50.00. The annual dues may not be increased more than 25% per year unless approved by a two-thirds vote of the members in good standing present at a duly called meeting approving such increase.
(b) Payment of Dues. Dues shall be payable annually, subject to such modification as a majority of the directors may require.
(c) Special Assessments. Special assessments may be levied on members of this Association only by a vote of two-thirds of the majority of all members in good standing present at a duly called meeting of the Association. The procedure for voting on proposed assessments shall be the same as the procedure provided in these bylaws for voting on amendments to these Bylaws.
(d) Default in Payment of Dues or Assessments. When any member shall be in default in the payment of dues or assessments for a period of fifteen (15) days from the date on which such dues or assessments become payable, he or she shall, for purposes of voting, not be considered as a member in good standing. In addition, such member shall be dropped from active membership and placed on the inactive list. Such member shall not be reinstated until he or she has paid dues and assessments in full, and until such time as such member is reinstated, he or she shall have no rights of any kind arising out of a membership in the Association. Further, each delinquent member does hereby authorize the Association to file a lien upon his property for the delinquent dues or assessments.
(e) Assignment of Dues. In the event any member whose dues are paid shall, during the year in which such dues are paid, terminate his or her membership by sale of his or her lot in the subdivision, he or she shall be entitled to assign to the buyer of such building the benefit of the paid up dues.
(f) At no time shall the developer Kipling Development Corporation or any successor developers to the premises be obligated to pay member dues or assessments as provided for herein.
BYLAW TEN
AMENDMENTS
Any proposed amendment to these bylaws must be submitted in writing at any duly called meeting of the members of the Association. Such proposed amendments shall be discussed at the duly called meeting of the members following the meeting at which the proposed amendment was submitted, and shall be voted on by the members in good standing of the Association at a date that shall not be earlier than the second duly called meeting following the initial submission of the proposed amendment. Such proposed amendment must be signed by three members in good standing of the Association, shall be read to the meeting by the Secretary, and shall be printed on ballots distributed to all members by mail provided that notwithstanding the foregoing Kipling Development Corporation may amend these bylaws at any time so long as it owns one or more of the lots within the area known as the Hunt Club Subdivision. Kipling Development Corporation may specifically assign its rights as set forth in this Bylaw Ten to any successor developer thereof
A proposed amendment shall become effective when approved by a two-thirds majority of the members entitled to vote or as may be approved by Kipling Development Corporation above.
BYLAW ONE
OFFICES
The name of this organization is Hunt Club Homeowners Association (�Association�), a voluntary, private not for profit corporation, whose members are already subject to the duly recorded covenants and restrictions pertaining to the Hunt Club Subdivision.
BYLAW TWO
PURPOSES AND OBJECTIVES
The purposes and objectives for which this Association is organized are as follows:
(a) To develop a community designed for safe, healthful, and harmonious living.
(b) To promote the collective and individual property and civic interests and rights of all persons, firms, and corporations owning property in the Hunt Club Subdivision.
(c) To care for the improvements and maintenance of community buildings, gateways, public easements, parkways, grass plots, parking areas, and other facilities of any kind dedicated to the community use of the Association and other open spaces and ornamental features of the subdivision, which now exist or which may hereafter be installed or constructed in such subdivision.
(d) To assist the owners in maintaining in good condition and order all vacant and unimproved lots or tracts of land now existing or that hereafter shall exist in the tract, and further assisting the owner of such lots or tracts of land in preventing them from becoming a nuisance and a detriment to the beauty of the subdivision and to the value of the improved property therein, and to take any action with reference to such vacant and unimproved lots or tracts of land as may be necessary or desirable to keep them from becoming such a nuisance and detriment.
(e) To aid and cooperate with the members of the Association and all property owners in the subdivision in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property as are now in existence, as well as any other conditions, covenants, and restrictions as shall hereafter be approved in accordance with the covenants and restrictions for the Hunt Club Subdivision, and to counsel with the Village of Shorewood in relation to any portion of the subject property.
(f) In general, but in connection with the foregoing, to do any and all things necessary to promote the general welfare of the residents and owners of any portion of the subdivision and their property interests in the same.
(g) To acquire, own, or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers, and privileges of ownership to the same extent as natural persons might or could do.
(h) To arrange social and recreational functions for its members.
(i) To exercise any and all powers that may be delegated to it from time to time by the owners of real property in the tract.
(j) This Association shall not engage in partisan political activity or pursue partisan political purposes.
(k) The Association also has such powers as are now or may hereafter be granted by the General Not-For-Profit Corporation Act of the State of Illinois.
BYLAW THREE
MEMBERS
(a) Class of Members. The Association shall have one class of members. The qualifications and rights shall be as follows:
(1) Every beneficial owner, as distinguished from a security owner, of a residential unit in the Hunt Club Subdivision shall be a member.
(2) Membership shall obligate the owner to comply with and be bound by these bylaws and amendments thereto, and the policies, rules, and regulations at any time adopted by the Association in accordance with these bylaws.
(3) Membership in this Association shall terminate on such member�s ceasing to be a legal or beneficial owner of a residential building site, lot, or unit in or on the property described in these bylaws.
(b) Voting Rights. Each member in good standing present at a duly called meeting shall be entitled to vote on each matter submitted to a vote of the members. A member in good standing shall have one vote for each residential lot of which he or she is a beneficial owner. Where two or more owners own a lot, only one vote for each lot owned shall be allowed, and such joint owners shall designate and register with the Secretary of the Association the name of that owner entitled to cast such single vote.
(1) At membership meetings all votes shall be cast in person, or by proxy granted to another member and registered with the Secretary.
(2) The Board of Directors is authorized to establish regulations providing for voting by mail.
(3) Provided that notwithstanding the foregoing, the developer Kipling Development Corporation, as legal owner or as the beneficiary of a land trust owning legal or beneficial interest in any lots comprising the Hunt Club Subdivision shall have ten (10) votes for each residential lot for which it has legal or beneficial ownership therein.
BYLAW FOUR
MEETINGS OF MEMBERS
(a) Annual Meeting. There shall be an annual meeting of the members for the purpose of hearing reports from all officers and standing committees and for electing directors. The time and place shall be fixed by the directors.
(b) Regular Meetings. In addition to the annual meetings, regular meetings of the members shall be held at such time and place as shall be determined by the Board of Directors.
(c) Special Meetings. A special meeting of the members may be called by the Board of Directors. A special meeting of the members must be called within thirty (30) days by the President, or the Board of Directors, if requested by not less than one-third of the members having voting rights.
(d) Notice of Meetings. Written notice stating the place, day, and hour of any meeting of members shall be delivered either personally or by mail to each member entitled to vote at such meeting, not less than seven (7) days before the date of such meeting, or at the direction of the Secretary. Notice by mail shall be deemed delivered when deposited with the United States Postal Service, postage prepaid.
(e) Quorum. Twenty percent (20%) of the members in good standing present at a duly called meeting shall constitute a quorum at any meeting of the members. In the absence of a quorum, a majority of the members present may adjourn the meeting from time to time without further notice.
(f) Proxies. At any meeting of the members, a member entitled to vote may vote by proxy granted to another member and executed in writing by the member. No proxy shall be valid after three (3) months from the date of its execution, unless otherwise provided in the proxy.
(g) Voting by Mail. Where directors or officers are to be elected by members, or where there is an act requiring the vote of the members, such election or vote on such proposed action may be conducted by mail in such manner as the Board of Directors shall determine.
BYLAW FIVE
BOARD OF DIRECTORS
(a) General Powers. The affairs of the Association shall be managed by the Board of Directors.
(b) The number of initial Directors shall be three (3). Each Director shall be a member in good standing of the Association and shall hold office until his or her successor shall have been elected and qualified. After the date upon which Kipling Development Corporation no longer has a vote as a member of this Association, the number of Directors shall then be not less than one (1) from each Unit within the subdivision, plus two (2) at large. Each Director shall be a member in good standing of the Association, and shall hold office until two (2) annual meetings of the members following his or her original qualifications shall have been held, and until his or her successor has been elected and qualified. An exception to the provision for two year tenure shall be in the case of Directors first taking office following the date upon which Kipling Development no longer owns a legal or beneficial interest in such subdivision. The term of office of the first five (5) directors shall be as follows:
(i) The directors representing Units One and Two, and one of the at large directors, who shall be determined by lot, shall hold office until the second subsequent annual meeting after the date of their initial election. Thereafter, elections shall be held in even numbered years to fill these offices.
(ii) The directors representing Unit Three and one of the at large directors, who shall be determined by lot, shall hold office until the third subsequent annual meeting following their election. Thereafter, elections shall be held in odd numbered years to fill these offices.
(c) Regular Meetings. The Board of Directors shall meet regularly at least once every quarter, or otherwise as determined by the Board.
(d) Special Meetings. A special meeting of the Board of Directors may be called by or at the request of the president or of any two directors.
(e) Notices. Notice of any special meeting of the board of directors shall be given at least twenty-four (24) hours prior to such meeting, by written notice delivered personally or sent by telephone facsimile (FAX) equipment, or sent by mail to each director. Notice by mail shall be deemed delivered when deposited with the United States Postal Service, postage prepaid. Any director may waive notice of any meeting.
(f) Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board, but if less than a majority of the directors are present at such meeting, a majority of the directors present may adjourn the meeting from time to time, and without further notice.
(g) Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these Bylaws.
(h) Vacancies. Any vacancy occurring in the Board of Directors, and any directorship to be filled by reason of the increase in the number of directors until the first regular election occurs, shall be filled by appointment by the president with the advice and consent of the Board of Directors. A director appointed to fill a vacancy shall be appointed for the unexpired term of his or her predecessor in office.
BYLAW SIX
OFFICERS
(a) Officers. The officers of the Association shall be a President, a Vice-President, a Secretary, and a Treasurer, and each member of the Architectural Committee. One person may hold one or more offices.
(b) Qualifications and Method of Election. The officers shall be members in good standing of the Association, shall be elected by the Board of Directors, and shall serve for a term of one year. All officers shall be members of the Board of Directors.
(c) President. The President shall preside at all meetings of the Association and of the Board of Directors at which he or she is present, shall exercise general supervision of the affairs and activities of the Association, and shall serve as a member ex officio of all standing committees. The President, with the advice and consent of the Board of Directors, shall establish and appoint committees and committee members as the business of the Association shall require.
(d) Vice-President. The Vice-President shall assume the duties of the President during the President�s absence, and shall carry out such duties and responsibilities as may be assigned by the President from time to time.
(e) Secretary. The Secretary shall keep the minutes of all of the meetings of the Association and of the Board of Directors, which shall be an accurate and official record of all business transacted. The Secretary shall be custodian of all association records, and shall distribute copies of the covenants and bylaws to all new residents. The Secretary shall cause to be distributed at least annually to all members the names, addresses and telephone numbers of the Board of Directors.
(f) Treasurer. The Treasurer shall receive all Association funds, keep them in a bank or other savings institution approved by the Board of Directors, and pay out funds only on notice signed by the Treasurer and by one other officer. In addition, the Treasurer shall be responsible for preparing and submitting such reports, returns and other filings as may be required from time to time to maintain compliance with Federal, State, and local laws and regulations.
(g) Vacancies. A vacancy in any office because of death, resignation, removal. disqualification, or otherwise, may be filled by any member of the Board of Directors for the unexpired portion of the term, as the President, with the advice and consent of the Board of Directors, may appoint.
BYLAW SEVEN
ARCHITECTURAL COMMITFEE
(a) Establishment and Authority of Architectural Committee. There is hereby established a permanent standing committee known as the Architectural Committee, which shall have all the rights, duties, responsibilities and powers described in and granted to such committee by the Declaration of Covenants, Conditions, Restrictions, Reservations, and Equitable Servitudes for the various units of The Hunt Club Subdivision, as amended from time to time.
(b) Membership of Architectural Committee. The Board of Directors of the Association shall appoint the members of the Architectural Committee.
BYLAW EIGHT
INDEMNIFICATION
(a) Action by Other Than Association. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that such person is or was a director or officer of the Association or is or was serving at the request of the Association as a director or officer of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding if such person acted in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Association, and with respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in or not opposed to the best interests of the Association and with respect to any criminal action or proceeding, had reasonable cause to believe that the person�s conduct was lawful.
(b) Action by Association. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Association to procure a judgment in its favor by reason of the fact that such person is or was a director or officer of the Association, or is or was serving at the request of the association as a director or officer of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys fees) actually and reasonably incurred in connection with the defense or settlement of such action or suit if such person acted in good faith and in a manner such person reasonably believed to be in or not opposed to the best interests of the Association, and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for willful negligence or misconduct in the performance of duty to the Association unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) Expenses. To the extent that a director or officer has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in (a) or (b) above, or in defense of any claim, issue or matter therein, such director or officer shall be indemnified against expenses (including attorneys fees) actually and reasonably incurred in connection therewith.
(d) Prerequisites. Any indemnification under (a) or (b) above (unless ordered by a court) shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the director or officer is proper in the circumstances because the director or officer has met the applicable standards of conduct set forth in (a) and (b). Such determination shall be made by the Board by a majority vote of directors who were not parties to such action, suit or proceeding.
(e) Advances by Corporation. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as authorized by the Board in the specific case upon receipt of an undertaking by or on behalf of the director or officer, to repay such amount unless it shall ultimately be determined that the director or officer is entitled to be indemnified by the Association as authorized in this Bylaw.
(f) Other Remedies. The indemnification provided by this Bylaw shall not be deemed exclusive of any other rights to which such director or officer may be entitled under any agreement, vote of disinterested directors or otherwise, both as to action in an official capacity while holding such office and as to a person who has ceased to be a director or officer and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(g) Insurance. The Association may purchase and maintain insurance on behalf of any person who may be indemnified under the provisions of this Bylaw against any liability asserted against such person and incurred in any capacity or arising out of any status for which the person may be indemnified.
BYLAW NINE
FEES, DUES, AND ASSESSMENTS
(a) Annual Dues. The Board of Directors may establish from time to time that amount of annual dues to be paid by each member to the Association in order for each member to remain in good standing. The initial amount of annual dues shall be $50.00. The annual dues may not be increased more than 25% per year unless approved by a two-thirds vote of the members in good standing present at a duly called meeting approving such increase.
(b) Payment of Dues. Dues shall be payable annually, subject to such modification as a majority of the directors may require.
(c) Special Assessments. Special assessments may be levied on members of this Association only by a vote of two-thirds of the majority of all members in good standing present at a duly called meeting of the Association. The procedure for voting on proposed assessments shall be the same as the procedure provided in these bylaws for voting on amendments to these Bylaws.
(d) Default in Payment of Dues or Assessments. When any member shall be in default in the payment of dues or assessments for a period of fifteen (15) days from the date on which such dues or assessments become payable, he or she shall, for purposes of voting, not be considered as a member in good standing. In addition, such member shall be dropped from active membership and placed on the inactive list. Such member shall not be reinstated until he or she has paid dues and assessments in full, and until such time as such member is reinstated, he or she shall have no rights of any kind arising out of a membership in the Association. Further, each delinquent member does hereby authorize the Association to file a lien upon his property for the delinquent dues or assessments.
(e) Assignment of Dues. In the event any member whose dues are paid shall, during the year in which such dues are paid, terminate his or her membership by sale of his or her lot in the subdivision, he or she shall be entitled to assign to the buyer of such building the benefit of the paid up dues.
(f) At no time shall the developer Kipling Development Corporation or any successor developers to the premises be obligated to pay member dues or assessments as provided for herein.
BYLAW TEN
AMENDMENTS
Any proposed amendment to these bylaws must be submitted in writing at any duly called meeting of the members of the Association. Such proposed amendments shall be discussed at the duly called meeting of the members following the meeting at which the proposed amendment was submitted, and shall be voted on by the members in good standing of the Association at a date that shall not be earlier than the second duly called meeting following the initial submission of the proposed amendment. Such proposed amendment must be signed by three members in good standing of the Association, shall be read to the meeting by the Secretary, and shall be printed on ballots distributed to all members by mail provided that notwithstanding the foregoing Kipling Development Corporation may amend these bylaws at any time so long as it owns one or more of the lots within the area known as the Hunt Club Subdivision. Kipling Development Corporation may specifically assign its rights as set forth in this Bylaw Ten to any successor developer thereof
A proposed amendment shall become effective when approved by a two-thirds majority of the members entitled to vote or as may be approved by Kipling Development Corporation above.
Covenants
The following covenants apply to the Hunt Club Subdivision (Units 1, 2 and 3) and are recorded with the Will County Recorder's Office.
PDF - Covenants
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EQUITABLE SERVITUDES, GRANTS AND EASEMENTS
A. The following covenants, restrictions, reservations, equitable servitudes, grants, easements and set back lines are hereby imposed on all lots in the HUNT CLUB SUBDIVISION and shall be considered running with the land and shall be binding upon the respective owners of said lots, their heirs, executors, administrators, successors, grantees, lessees and as-signs:
(1) Only one residential building shall be erected or allowed to exist upon any of the Lots in said HUNT CLUB SUBDIVISION, and said residential building shall be used or occupied as a single-family dwelling only. None of said lots, as originally platted and subdivided or re-subdivided except for the purpose of combining portions thereof with an ad-joining lot or lots, provided that no additional building site is created thereby. Any single ownership or single holding by any person or persons which comprises the whole of one of said lots (as originally platted and subdivided) and a part or parts of one or more adjoining lots shall, for all purposes of this Declaration, be deemed to constitute a single lot upon which only one residential building may be erected, constructed or allowed to exist.
Said building on said premises or any part or portion thereof shall be used or occupied for single family, private residential purposes exclusively and shall never be used or occupied for multi�family, trade, commercial, home occupation, business or agricultural purposes of any kind or nature. The non�permissive uses prohibited above shall include, but shall not be limited to, the use of the premises for apartment dwellings, hospitals, sanitariums, rest homes, nursing homes, hotels, beauty shops, motels and boarding houses or for the storing of commercial equipment or materials or for professional offices or business or professional purposes. In addition such non�permissive uses prohibited above may not be established as incidental to any single-family use on the premises.
No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this paragraph, however, shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or-profession of any nature shall be conducted on any lot or in any residence constructed on any lot in this Subdivision, except the business of the sale of lots and houses in the Subdivision constructed by the Developer or its successors or assigns.
Anything herein to the contrary notwithstanding, nothing herein contained shall be construed so as to prevent the Developer or its assigns or successors from erecting a single family residential building or buildings on any lot or lots in the subdivision and using and maintaining such buildings as a sales office, model homes, business office, storage area, construction area, for the purpose of the development and sale of lots or homes in the Subdivision and any adjoining property.
(2) As appurtenant to the residential building permitted in Paragraph (1) hereof and to be used exclusively in connection with such residential building, a private garage of sufficient size to house not less than two (2) standard size American made automobiles shall be constructed or erected and maintained, which garage must be either attached to such residential building as an integral part thereof or attached thereto by an enclosed breezeway. Such garage shall not be used at any time as a residence, whether temporarily or permanently, with the-exception that such garage may, in addition to sufficient space to house said two American size automobiles, contain living quarters for domestic servants of the occupants of said residential dwelling. Such garage shall in architectural design and in proportionate construction cost conform to said residential building.
(3) For any building or structure, other than a fence, driveway, sidewalk or decorative wall, hereinafter erected or structurally altered on any lot in the Subdivision, there shall be a side yard from the sides o# the building or structure to the said side lot line of such lot of not less than ten (10) feet on each side.
(4) Before anyone shall commence the construction, reconstruction, erection, remodeling, addition to, alteration or placing of any building, fence, wall, structure or improvement whatsoever on any of said lots in said Subdivision, there shall be submitted to the Architectural Committee (hereinafter defined and for convenience sometimes referred to as the �Committee�) two (2) complete sets of construction plans for such building or structure, which plans shall include drawings, specifications, exterior elevations, construction materials, finished ground elevation (foundation grade or elevation in relation to the grade of the crown of the Street) a site plan showing location of the buildings, fences, and other structures upon the lot (all of which for convenience shall be referred to herein as the "construction plans" and no such building, fence, wall improvement or structure shall be erected, constructed, reconstructed, remodeled, added to, altered or placed upon any lot in said Subdivision unless and until said complete construction plans, included but not limited to the site plan and foundation grade and elevation, finished ground elevation and location of any building with respect to the topography of the land, have received written approval of the Architectural Committee and herein provided. Within thirty (30) days after said complete construction plans have been submitted to it, the Committee shall in writing notify the owner of the lot for which said construction plans are proposed of its approval or disapproval of said construction plans, the date of mailing or personal delivery of said notice to be deemed to be the date of such notice. Anything herein to the contrary notwithstanding recording in the Office of the Recorder of Deeds of Will County of any such notice disapproving of said construction plans of disapproving of the construction of any such building, improvement or structure commenced prior to approval by the Committee of such building shall be sufficient notice to the owner and all persons of such nonconformity and shall preserve the right of the Committee, the Developer or any lot owner in the Subdivision to file suit to enjoin the construction of said building, improvement or structure, and the removal of any portions thereof which ma y have been commenced, which said right to file suit, shall extend for one hundred twenty (120) days after the date of filing of said notice. If the Committee shall fail to file such notice of approval or disapproval within thirty (30) days after said complete construction plans have been submitted to it, and if no action shall have been instituted by the Committee or the Developer or any lot owner to enjoin the construction of the proposed building or structure, it shall be presumed that the Committee has approved such proposed construction plans.
Any suit filed by the Developer, the Committee or the owners of any lots in the Subdivision to enjoin the erection or construction of any building or structure not conforming fully to the requirements of this Subparagraph (4) or any other of these restrictions shall be timely if filed within one hundred twenty (l20) days after the date the nonconforming owner shall have been notified of such default, provided such notice shall have been given Within fifteen days after discovery of said non�conformance. The heights, ground elevation or grade of the top of each and every foundation, basement, crawl space or base walls for buildings constructed in the Subdivision shall be set and established by the Architectural Committee and no building shall be constructed unless the top of the foundation, basement, crawl space or base walls shall be in accordance therewith.
The Committee shall have the unrestricted right to prevent the building of and to disapprove of any construction plans submitted to it as aforesaid if, in the sole opinion of the Committee:
(a) Such construction plans are not in accordance with all of the provisions of this Declaration; or
(b) If the design, exterior and interior size, exterior shape, exterior construction materials or color scheme of the proposed building or other structure is not in harmony with the adjacent building or structures; or
(c) If such construction plans as submitted are incomplete; or
(d) If the Committee deems the construction plans or any part thereof or any materials used on the exterior of the building or the finished ground elevations of the foundation or the location of the building with respect to the topography of the land to be contrary to the spirit or intent of these conditions and restrictions, or contrary to the interest, welfare or rights of all or part of the real property, subject hereto, or the owners, all in the sole uncontrolled discretion of the Committee; or
(e) If the Committee shall, within its sole and unlimited opinion and discretion, deem the construction plans or any part thereof or the building or structure to be unacceptable or of such design or proportions, or to be constructed of such unsuitable materials or exterior color schemes, as shall depreciate or adversely affect the values of other building sites or buildings in the Subdivision.
The decisions of the Committee shall be final. Neither the Developer nor any architect or agent of the developer nor any member of the Committee shall be responsible in any way for defects in any construction plans submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such construction plans. From and after the date of this Agreement and until ten (10) years after the date of this Declaration, the number of members of the Architectural Committee shall be determined from time to time by Kipling. Development Corp., a Corporation, or its successor, assignee or any person whom it may in writing appoint and the members thereof shall be appointed by said Kipling Development Corp., or its successors, assignee or appointee. From and after ten (10) years after the date of this Declaration, the number and members of the Committee shall be determined by a majority vote of the owners of all the lots of this Subdivision. If, at any time within ten (10) years after the date hereof, Kipling Development Corp., or its appointee, assignee or successor shall expressly relinquish or refuse to exercise its power to determine the number and members of the Architectural Committee, the number and members of the Committee shall be determined by the majority vote of the owners of all the lots of this Subdivision. Edward C. Mattox, a member of the Committee has been designated by Kipling Development Corp., and the Committee to act for the Committee as its representative, in its name, and on its behalf; in addition, a majority of the Architectural Committee may designate any other member thereof to act for it as its representative, in its name and on its behalf, such designation to be evidenced by a writing so stating which is signed by no less than a majority of the Committee.
(5) In addition to all other requirements in this Declaration, residences erected on the lots in this Subdivision shall be as follows, and no such residence shall be erected or allowed to exist which does not conform to the following requirements:
(a) A one-story residence shall contain at least 1700 square feet of living area, exclusive of garage, breezeway, porches and basement.
(b) A one and one�half story residence shall contain at least 1950 square feet of living area exclusive of garage, breezeway, porches and basement (for all the purposes of this Declaration, a one and one�half story residence shall be defined as a residence with a second floor above the first floors, which second floor is smaller in living area than the first floor, but not to include those buildings commonly described as multi�level, split�levels, bi�level or tri�level).
(c) A two story residence shall contain at least 1200 square feet of living area on the first floor exclusive of garage, breezeway, porches and basement and shall contain at least a total of 2000 square feet of living area.
(d) A multi�level, split�level, bi�level, tri�level or staggered level residence must contain at least 2250 square feet of living area exclusive of garage, breezeway, porches, and basement.
It is specifically declared that although a residence sought to be erected on any lot in this Subdivision may conform to or exceed the minimum square foot living area requirements set out in this Subparagraph, such residence may not conform to all of the requirements of Subparagraph (4) above and the Architectural Committee may otherwise disapprove of such construction plans based upon the provisions of said Subparagraph (4) above.
(6) No building or portion thereof shall be erected closer to the front lot line or street right of way than the building set back lines shown on the plat of the Subdivision for that particular lot.
(7) No garbage or trash shall be burned on the premises except in an incinerator located inside of a residence.
(8) No out building, temporary house, campers, habitable motor vehicles, trailer, stand, recreational appurtenances, above ground swimming pools, satellite dishes, shack, barn, basement or other structure or building not attached to the residence constructed on said lot, whether of a permanent or of a temporary character shall be constructed, placed, allowed to exist or used on any lot either as a residence or otherwise and either temporarily or permanently. No residence erected on any lot shall be occupied in any manner at any time prior to its full, completion in accordance with approved plans as hereinabove provided. For the purpose of this Declaration, a tennis court or inground swimming pool, and its appurtenances shall not be considered an outbuilding or structure falling within the Subparagraph, and further provided a storage building with a maximum size of 200 square feet constructed in accordance with the plans approved by the Architectural Committee may be erected in the rear yard on a poured concrete pad and must meet the same construction specifications as set forth in subparagraph (4).
(9) No advertising or signs of any type or character shall be erected, placed, permitted or maintained on any lot other than a name plate of the occupant and a Street number not exceeding 2� X 1� in size and except for a �For Sale� or �For Rent� sign not exceeding 3� X 3� in size and of type, design and appearance approved by the Architectural Committee. This provision shall not apply to any sign which the Developer may erect identifying and/or advertising the Subdivision and adjoining land, any model homes or which may be deemed necessary by the Developer for the operation and sale of the Subdivision and adjoining property or any house or lots therein, which said signs the Developer may erect and maintain.
(10) No trucks, truck mounted campers, trailers, house trailers, buses, boats, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any dedicated or undedicated Street or right of way in the Subdivision and the dedication of any such right of way or Street in the plat attached hereto shall be subject to this provision. No trucks, truck mounted campers, trailers, house trailers, buses, boats, boat trailer, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any lots in the Subdivision unless housed or garaged completely in a structure which complies with this Declaration and which has been architecturally approved by the Architectural Committee so as to fully screen them from view from the streets and neighboring yards.
(11) No implements, machinery, lumber or building materials shall be permitted to remain exposed upon any lot so they are visible from the streets or any neighboring lot, except as necessary during the period of construction of a building thereon. No part of the Subdivision shall be used for storage of junk or for wrecking yards.
(12) In the event any building or structure is destroyed either wholly or partially by fire or any other casualty, said building or structure shall be promptly rebuilt, repaired or remodeled, all remaining portions of the building or structure, including the foundations and all debris shall, within sixty (60) days from the date of such fire or other casualty, be removed from the property and any excavation remaining therein shall be promptly filled with dirt, stone or other suitable non�organic fill material approved by the Committee.
(13) No garbage, trash or refuse cans, containers or receptacles shall be maintained or kept in any portion of the lot beyond the front of any building constructed thereon, all such garbage, trash or refuse cans, containers, and receptacles shall be so placed as to reasonably screen them from view from the streets.
(14) No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that not more than two (2) dogs, cats or other bona fide household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and provided they do not make objectionable noises and do not otherwise create a nuisance or inconvenience to any of the residents of the Subdivision. Any pets which cause a nuisance or inconvenience shall forthwith be removed from the premises by the person having custody of the same.
(15) No fence or dog run or enclosure shall be erected on any lot in the Subdivision that shall be more than six (6) feet in height and such fence shall not extend in front of the rear wall of the building thereon; provided, however, that this restriction shall not be intended to prevent the erection of an open decorative fence or a decorative hedge not more than four (4) feet in height extending from the front of the building to the front property line. All fences require approval of the Committee as provided in paragraph four (4) above. There shall be no cyclone fence erected on any of the lots -in the subdivision.
(16) All public utility, cable television and radio wires, pipes, mains, tiles, conduits, cables, lines, service lines, and other appurtenances constructed, laid or installed in the Subdivision must be buried beneath the ground, except the necessary pedestals and transformers required to serve the underground facilities in the Subdivision.
(17) No satellite dishes or elevated tanks of any kind shall be erected, placed or permitted to exist in the Subdivision. Any tanks for use in connection with any residence constructed in the Subdivision, including tanks for the storage of gas or oil shall be buried below ground. All air conditioning condensing units or other refrigeration, cooling or heating apparatus which are to be placed outside of a residence shall be located only in the side or rear yards of any residence constructed in the Subdivision, and no such unit or apparatus shall be located in any front yard of any residence in the Subdivision.
(18) No residence or building erected or placed on any lot in the Subdivision shall be occupied in any manner at any time prior to the installation and construction thereof (at the owner�s sole expense) of a concrete, asphalt or bituminous paved driveway from the street to the garage provided, however, that this requirement may be extended for a period of not to exceed one hundred twenty (120) days in the event any such building shall be ready for occupancy during a time when inclement weather or labor strike shall prevent the construction and installation of such driveway. No driveway, sidewalk, walkway, private road or drive shall be constructed or allowed to exist on any lot in the Subdivision unless it shall be surfaced with concrete, asphalt or bituminous concrete provided, however, that slabs of stone, exposed aggregate concrete or like materials may be used only upon the express written consent of the Architectural Committee.
(19) Within thirty (30) days after a residence or building erected or placed on any lot in the Subdivision shall be occupied, the owner of such lot shall lay, install or establish a grass lawn on all such lot upon which no building, driveway, planting or other approved improvement exists, provided however that the time for completion of such lawn may be extended by the Architectural Committee for a period not to exceed one hundred twenty (120) days, in the event that during said thirty (30) day period following occupancy, inclement weather or labor strike shall prevent the laying, installation or establishment of such lawn. The Architectural Committee may waive the requirement for an established lawn in an area where in the opinion of the Committee existing trees make such lawns unnecessary, and that vacant lots purchased by a private party are to be graded off to the elevation as required by the recorded Plat of Survey, and shall be seeded within thirty (30) days of closing on such lot, if not immediately built upon within said thirty (30) day period of time. Owners of such lots shall be required to maintain the property, and the growth of grass shall not exceed four (4) inches at any given time.
(20) Blank
(21) Blank
(22) All roofing materials on all buildings, included the residence dwelling and all structures attached or detached to the residence, must be made of a minimum weight 235# asphalt or fiberglass roofing shingle.
The Architectural Committee, as set forth in subparagraph (4) herein, must approve all construction materials before construction begins.
(23) All owners of the lots in the Subdivision shall be responsible through the formation of the Homeowners Association, for the maintenance of the Street lights located within the Subdivision, the maintenance of all common areas, berms, boulevard landscapings, entrance walls entranceway landscapings, common area signs, and the insurance policy premiums to insure against damage to the same. In respect to the entrance walls located at the two entrances to the Subdivision, the possession of these walls shall be deeded to the Purchaser of these lots, and an easement shall be created to allow for the maintenance of the same by the Homeowners Association. Each owner shall be responsible for their prorata share of these costs at a rate of FIFTY ($50.00) DOLLARS per year per homeowner to be held in a separate interest bearing account as established by the Developer of the Subdivision. The first payment shall become due and payable at the time and date of closing on such lot or building, and shall become due in said FIFTY ($50.00) DOLLAR sum on the first day of January of each and every subsequent year, beginning with the year 1992.
(24) Each lot shall at all times be kept in a clean and sightly condition. No trash, litter, junk, boxes, containers, bottles or cans shall be permitted to collect or remain exposed on any lot except as necessary during the period of construction. The owner of each lot shall be responsible for the cutting of grass each year on such lot so as to conform with the requirements of the Architectural Committee who shall have the right after 30 days of written notice to hire someone to cut the grass and clean the debris and shall have the right to lien said lot for repayment of same.
(25) An easement of widths shown on said plat is hereby reserved for the use of Commonwealth Edison Company, Illinois Bell Telephone Company, Northern Illinois Gas Company, drainage and a cable television operator who obtains a franchise, their successor and assigns, and anyone working by, through or under them, all as shown by dotted or broken lines on the plat to install, lay, construct, renew, operate and maintain pipes, beneath the ground only, with all necessary appurtenances for the purpose of serving this Subdivision and adjoining with electric, telephone, cable television, gas, sewer and water service together with the right to enter upon said easements at all times to install, lay, construct, renew, operate and maintain said pipes, mains, tiles, conduits, manholes and cables. All such utility pipes, mains, tiles, conduits, cables and appurtenances (except necessary pedestals and transformers required to serve the underground facilities so constructed in the Subdivision) and lines of any nature and whether constructed, installed, laid or reconstructed in such easements or in streets or rights of way in the Subdivision, must be buried under and beneath the ground; no permanent building, fence, tree or shrubs shall be placed on said easement, but same may be landscaped and used for other purposes that do not interfere with the use of said easement for public utilities purposes.
(26) Each grantee of a Lot in this Subdivision, by the acceptance of a deed conveying any lot in this Subdivision, shall accept title thereto upon and subject to each and all of the covenants, conditions, restrictions, reservations, equitable servitudes, grants and easements herein contained, and by such acceptance shall for himself, his heirs, personal representatives, successors, assigns, grantees and lessees, covenant and agree to and with the grantees and subsequent owners of each said other lots, to keep, observe, comply with and perform said covenants, conditions, restrictions, reservations, equitable servitudes and grants.
B. The covenants, conditions, restrictions, reservations, equitable servitudes, grants, easements and set back lines herein contained and created in Paragraph A (all of which may hereinafter be referred to as the �restrictions�) shall be considered as appurtenant to and running with the land and shall operate for the benefit of the Developer, its successors and assigns and all the lots in said Subdivision or by the Developer, its successors and assigns. A violation of the restrictions herein contained shall warrant the Developer, its successors and assigns or any other lot owner(s) benefiting thereby to apply to any court of law or equity having jurisdiction for an injunction to prevent such violation or for damages or other proper relief, and if such relief be granted, the Court may, in its discretion, award to the plaintiff, his or its Court costs and reasonable attorneys� fees. No delay or omission on the part of the Developer or their successor or assigns in interest, or the owner or owners of any other lot or lots in said Subdivision in exercising any right, power or remedy herein provided for in the event of any breach of any of the restrictions herein contained, shall be construed as a waiver there of any acquiescence therein; nor shall neglect of the Developer or its successors or assigns to exercise any right, power or remedy herein provided for in the event of any such breach, stop Developer from imposing any of the restrictions herein; and said restrictions herein shall continue in effect until January 1, 2012, at which time they shall continue for successive periods of ten (10) years unless by a majority vote of the owners of the lots in said Subdivision at the beginning of each successive ten (10) year period they are amended or terminated.
At any time and from time to time while these restrictions are in effect, they may be amended or revoked by the recording in the Office of the Recorder of Will County, Illinois, of an instrument declaring such amendment or revocation, which instrument shall be signed either by the Developer (or its successors or assigns) or by the then owners of not less than eighty�five percent (85%) of the lots in said Subdivision, which Declaration shall set forth such amendment or revocation and shall be effective from and after the date of its recording; provided, however, that if the Developer or its successors or assigns shall hold legal title to any lot or lots in the Subdivision, then an amendment or revocation signed by not less than eighty�five percent (85%) of the owners of such lots must also be signed by the Developer or its successors or assigns and if not so signed such amendment or revocations shall not be valid. A certificate signed and acknowledged by the Recorder of Will County or by an abstractor or title company doing business in Will County that any such instrument or amendment or revocation has been signed by the then owners of not less than eighty�five percent (85%) of such lots shall be deemed prima facie evidence that such instrument has been signed by the owners of the required number of lots. No certificate of any sort shall be required if such amendment or revocation shall be signed by the Developer or its successors or assigns. In the voting provided herein and in making amendments and revocations of this Declaration, each of said originally platted lots shall be deemed a unit and the owner or owners thereof shall be entitled to one (1) vote and shall count as one owner in determining the number of votes and owners.
The word �Developer� as used in this Declaration is defined as and intended to include and mean Kipling Development Corp., and Illinois Corporation, its successors and assigns.
The invalidity of any covenant, condition, restriction, reservation, equitable servitude, grant, easement or set back line hereby imposed and created or any provision hereof or any part of such provision shall not impair or affect in any manner the validity, enforceability or effect of the remainder of this instrument.
The paragraph headings or marginal identifications contained herein are for the convenience only and do not define, limit or describe the contents thereof.
Any acquiescence or failure to enforce any violation of the covenants, conditions, restrictions, reservations, equitable ser-vitudes, grants or easements contained herein shall not be deemed to be a waiver of any of the other provisions of this document in any other instance.
PDF - Covenants
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EQUITABLE SERVITUDES, GRANTS AND EASEMENTS
A. The following covenants, restrictions, reservations, equitable servitudes, grants, easements and set back lines are hereby imposed on all lots in the HUNT CLUB SUBDIVISION and shall be considered running with the land and shall be binding upon the respective owners of said lots, their heirs, executors, administrators, successors, grantees, lessees and as-signs:
(1) Only one residential building shall be erected or allowed to exist upon any of the Lots in said HUNT CLUB SUBDIVISION, and said residential building shall be used or occupied as a single-family dwelling only. None of said lots, as originally platted and subdivided or re-subdivided except for the purpose of combining portions thereof with an ad-joining lot or lots, provided that no additional building site is created thereby. Any single ownership or single holding by any person or persons which comprises the whole of one of said lots (as originally platted and subdivided) and a part or parts of one or more adjoining lots shall, for all purposes of this Declaration, be deemed to constitute a single lot upon which only one residential building may be erected, constructed or allowed to exist.
Said building on said premises or any part or portion thereof shall be used or occupied for single family, private residential purposes exclusively and shall never be used or occupied for multi�family, trade, commercial, home occupation, business or agricultural purposes of any kind or nature. The non�permissive uses prohibited above shall include, but shall not be limited to, the use of the premises for apartment dwellings, hospitals, sanitariums, rest homes, nursing homes, hotels, beauty shops, motels and boarding houses or for the storing of commercial equipment or materials or for professional offices or business or professional purposes. In addition such non�permissive uses prohibited above may not be established as incidental to any single-family use on the premises.
No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this paragraph, however, shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. No business or-profession of any nature shall be conducted on any lot or in any residence constructed on any lot in this Subdivision, except the business of the sale of lots and houses in the Subdivision constructed by the Developer or its successors or assigns.
Anything herein to the contrary notwithstanding, nothing herein contained shall be construed so as to prevent the Developer or its assigns or successors from erecting a single family residential building or buildings on any lot or lots in the subdivision and using and maintaining such buildings as a sales office, model homes, business office, storage area, construction area, for the purpose of the development and sale of lots or homes in the Subdivision and any adjoining property.
(2) As appurtenant to the residential building permitted in Paragraph (1) hereof and to be used exclusively in connection with such residential building, a private garage of sufficient size to house not less than two (2) standard size American made automobiles shall be constructed or erected and maintained, which garage must be either attached to such residential building as an integral part thereof or attached thereto by an enclosed breezeway. Such garage shall not be used at any time as a residence, whether temporarily or permanently, with the-exception that such garage may, in addition to sufficient space to house said two American size automobiles, contain living quarters for domestic servants of the occupants of said residential dwelling. Such garage shall in architectural design and in proportionate construction cost conform to said residential building.
(3) For any building or structure, other than a fence, driveway, sidewalk or decorative wall, hereinafter erected or structurally altered on any lot in the Subdivision, there shall be a side yard from the sides o# the building or structure to the said side lot line of such lot of not less than ten (10) feet on each side.
(4) Before anyone shall commence the construction, reconstruction, erection, remodeling, addition to, alteration or placing of any building, fence, wall, structure or improvement whatsoever on any of said lots in said Subdivision, there shall be submitted to the Architectural Committee (hereinafter defined and for convenience sometimes referred to as the �Committee�) two (2) complete sets of construction plans for such building or structure, which plans shall include drawings, specifications, exterior elevations, construction materials, finished ground elevation (foundation grade or elevation in relation to the grade of the crown of the Street) a site plan showing location of the buildings, fences, and other structures upon the lot (all of which for convenience shall be referred to herein as the "construction plans" and no such building, fence, wall improvement or structure shall be erected, constructed, reconstructed, remodeled, added to, altered or placed upon any lot in said Subdivision unless and until said complete construction plans, included but not limited to the site plan and foundation grade and elevation, finished ground elevation and location of any building with respect to the topography of the land, have received written approval of the Architectural Committee and herein provided. Within thirty (30) days after said complete construction plans have been submitted to it, the Committee shall in writing notify the owner of the lot for which said construction plans are proposed of its approval or disapproval of said construction plans, the date of mailing or personal delivery of said notice to be deemed to be the date of such notice. Anything herein to the contrary notwithstanding recording in the Office of the Recorder of Deeds of Will County of any such notice disapproving of said construction plans of disapproving of the construction of any such building, improvement or structure commenced prior to approval by the Committee of such building shall be sufficient notice to the owner and all persons of such nonconformity and shall preserve the right of the Committee, the Developer or any lot owner in the Subdivision to file suit to enjoin the construction of said building, improvement or structure, and the removal of any portions thereof which ma y have been commenced, which said right to file suit, shall extend for one hundred twenty (120) days after the date of filing of said notice. If the Committee shall fail to file such notice of approval or disapproval within thirty (30) days after said complete construction plans have been submitted to it, and if no action shall have been instituted by the Committee or the Developer or any lot owner to enjoin the construction of the proposed building or structure, it shall be presumed that the Committee has approved such proposed construction plans.
Any suit filed by the Developer, the Committee or the owners of any lots in the Subdivision to enjoin the erection or construction of any building or structure not conforming fully to the requirements of this Subparagraph (4) or any other of these restrictions shall be timely if filed within one hundred twenty (l20) days after the date the nonconforming owner shall have been notified of such default, provided such notice shall have been given Within fifteen days after discovery of said non�conformance. The heights, ground elevation or grade of the top of each and every foundation, basement, crawl space or base walls for buildings constructed in the Subdivision shall be set and established by the Architectural Committee and no building shall be constructed unless the top of the foundation, basement, crawl space or base walls shall be in accordance therewith.
The Committee shall have the unrestricted right to prevent the building of and to disapprove of any construction plans submitted to it as aforesaid if, in the sole opinion of the Committee:
(a) Such construction plans are not in accordance with all of the provisions of this Declaration; or
(b) If the design, exterior and interior size, exterior shape, exterior construction materials or color scheme of the proposed building or other structure is not in harmony with the adjacent building or structures; or
(c) If such construction plans as submitted are incomplete; or
(d) If the Committee deems the construction plans or any part thereof or any materials used on the exterior of the building or the finished ground elevations of the foundation or the location of the building with respect to the topography of the land to be contrary to the spirit or intent of these conditions and restrictions, or contrary to the interest, welfare or rights of all or part of the real property, subject hereto, or the owners, all in the sole uncontrolled discretion of the Committee; or
(e) If the Committee shall, within its sole and unlimited opinion and discretion, deem the construction plans or any part thereof or the building or structure to be unacceptable or of such design or proportions, or to be constructed of such unsuitable materials or exterior color schemes, as shall depreciate or adversely affect the values of other building sites or buildings in the Subdivision.
The decisions of the Committee shall be final. Neither the Developer nor any architect or agent of the developer nor any member of the Committee shall be responsible in any way for defects in any construction plans submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such construction plans. From and after the date of this Agreement and until ten (10) years after the date of this Declaration, the number of members of the Architectural Committee shall be determined from time to time by Kipling. Development Corp., a Corporation, or its successor, assignee or any person whom it may in writing appoint and the members thereof shall be appointed by said Kipling Development Corp., or its successors, assignee or appointee. From and after ten (10) years after the date of this Declaration, the number and members of the Committee shall be determined by a majority vote of the owners of all the lots of this Subdivision. If, at any time within ten (10) years after the date hereof, Kipling Development Corp., or its appointee, assignee or successor shall expressly relinquish or refuse to exercise its power to determine the number and members of the Architectural Committee, the number and members of the Committee shall be determined by the majority vote of the owners of all the lots of this Subdivision. Edward C. Mattox, a member of the Committee has been designated by Kipling Development Corp., and the Committee to act for the Committee as its representative, in its name, and on its behalf; in addition, a majority of the Architectural Committee may designate any other member thereof to act for it as its representative, in its name and on its behalf, such designation to be evidenced by a writing so stating which is signed by no less than a majority of the Committee.
(5) In addition to all other requirements in this Declaration, residences erected on the lots in this Subdivision shall be as follows, and no such residence shall be erected or allowed to exist which does not conform to the following requirements:
(a) A one-story residence shall contain at least 1700 square feet of living area, exclusive of garage, breezeway, porches and basement.
(b) A one and one�half story residence shall contain at least 1950 square feet of living area exclusive of garage, breezeway, porches and basement (for all the purposes of this Declaration, a one and one�half story residence shall be defined as a residence with a second floor above the first floors, which second floor is smaller in living area than the first floor, but not to include those buildings commonly described as multi�level, split�levels, bi�level or tri�level).
(c) A two story residence shall contain at least 1200 square feet of living area on the first floor exclusive of garage, breezeway, porches and basement and shall contain at least a total of 2000 square feet of living area.
(d) A multi�level, split�level, bi�level, tri�level or staggered level residence must contain at least 2250 square feet of living area exclusive of garage, breezeway, porches, and basement.
It is specifically declared that although a residence sought to be erected on any lot in this Subdivision may conform to or exceed the minimum square foot living area requirements set out in this Subparagraph, such residence may not conform to all of the requirements of Subparagraph (4) above and the Architectural Committee may otherwise disapprove of such construction plans based upon the provisions of said Subparagraph (4) above.
(6) No building or portion thereof shall be erected closer to the front lot line or street right of way than the building set back lines shown on the plat of the Subdivision for that particular lot.
(7) No garbage or trash shall be burned on the premises except in an incinerator located inside of a residence.
(8) No out building, temporary house, campers, habitable motor vehicles, trailer, stand, recreational appurtenances, above ground swimming pools, satellite dishes, shack, barn, basement or other structure or building not attached to the residence constructed on said lot, whether of a permanent or of a temporary character shall be constructed, placed, allowed to exist or used on any lot either as a residence or otherwise and either temporarily or permanently. No residence erected on any lot shall be occupied in any manner at any time prior to its full, completion in accordance with approved plans as hereinabove provided. For the purpose of this Declaration, a tennis court or inground swimming pool, and its appurtenances shall not be considered an outbuilding or structure falling within the Subparagraph, and further provided a storage building with a maximum size of 200 square feet constructed in accordance with the plans approved by the Architectural Committee may be erected in the rear yard on a poured concrete pad and must meet the same construction specifications as set forth in subparagraph (4).
(9) No advertising or signs of any type or character shall be erected, placed, permitted or maintained on any lot other than a name plate of the occupant and a Street number not exceeding 2� X 1� in size and except for a �For Sale� or �For Rent� sign not exceeding 3� X 3� in size and of type, design and appearance approved by the Architectural Committee. This provision shall not apply to any sign which the Developer may erect identifying and/or advertising the Subdivision and adjoining land, any model homes or which may be deemed necessary by the Developer for the operation and sale of the Subdivision and adjoining property or any house or lots therein, which said signs the Developer may erect and maintain.
(10) No trucks, truck mounted campers, trailers, house trailers, buses, boats, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any dedicated or undedicated Street or right of way in the Subdivision and the dedication of any such right of way or Street in the plat attached hereto shall be subject to this provision. No trucks, truck mounted campers, trailers, house trailers, buses, boats, boat trailer, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any lots in the Subdivision unless housed or garaged completely in a structure which complies with this Declaration and which has been architecturally approved by the Architectural Committee so as to fully screen them from view from the streets and neighboring yards.
(11) No implements, machinery, lumber or building materials shall be permitted to remain exposed upon any lot so they are visible from the streets or any neighboring lot, except as necessary during the period of construction of a building thereon. No part of the Subdivision shall be used for storage of junk or for wrecking yards.
(12) In the event any building or structure is destroyed either wholly or partially by fire or any other casualty, said building or structure shall be promptly rebuilt, repaired or remodeled, all remaining portions of the building or structure, including the foundations and all debris shall, within sixty (60) days from the date of such fire or other casualty, be removed from the property and any excavation remaining therein shall be promptly filled with dirt, stone or other suitable non�organic fill material approved by the Committee.
(13) No garbage, trash or refuse cans, containers or receptacles shall be maintained or kept in any portion of the lot beyond the front of any building constructed thereon, all such garbage, trash or refuse cans, containers, and receptacles shall be so placed as to reasonably screen them from view from the streets.
(14) No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that not more than two (2) dogs, cats or other bona fide household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and provided they do not make objectionable noises and do not otherwise create a nuisance or inconvenience to any of the residents of the Subdivision. Any pets which cause a nuisance or inconvenience shall forthwith be removed from the premises by the person having custody of the same.
(15) No fence or dog run or enclosure shall be erected on any lot in the Subdivision that shall be more than six (6) feet in height and such fence shall not extend in front of the rear wall of the building thereon; provided, however, that this restriction shall not be intended to prevent the erection of an open decorative fence or a decorative hedge not more than four (4) feet in height extending from the front of the building to the front property line. All fences require approval of the Committee as provided in paragraph four (4) above. There shall be no cyclone fence erected on any of the lots -in the subdivision.
(16) All public utility, cable television and radio wires, pipes, mains, tiles, conduits, cables, lines, service lines, and other appurtenances constructed, laid or installed in the Subdivision must be buried beneath the ground, except the necessary pedestals and transformers required to serve the underground facilities in the Subdivision.
(17) No satellite dishes or elevated tanks of any kind shall be erected, placed or permitted to exist in the Subdivision. Any tanks for use in connection with any residence constructed in the Subdivision, including tanks for the storage of gas or oil shall be buried below ground. All air conditioning condensing units or other refrigeration, cooling or heating apparatus which are to be placed outside of a residence shall be located only in the side or rear yards of any residence constructed in the Subdivision, and no such unit or apparatus shall be located in any front yard of any residence in the Subdivision.
(18) No residence or building erected or placed on any lot in the Subdivision shall be occupied in any manner at any time prior to the installation and construction thereof (at the owner�s sole expense) of a concrete, asphalt or bituminous paved driveway from the street to the garage provided, however, that this requirement may be extended for a period of not to exceed one hundred twenty (120) days in the event any such building shall be ready for occupancy during a time when inclement weather or labor strike shall prevent the construction and installation of such driveway. No driveway, sidewalk, walkway, private road or drive shall be constructed or allowed to exist on any lot in the Subdivision unless it shall be surfaced with concrete, asphalt or bituminous concrete provided, however, that slabs of stone, exposed aggregate concrete or like materials may be used only upon the express written consent of the Architectural Committee.
(19) Within thirty (30) days after a residence or building erected or placed on any lot in the Subdivision shall be occupied, the owner of such lot shall lay, install or establish a grass lawn on all such lot upon which no building, driveway, planting or other approved improvement exists, provided however that the time for completion of such lawn may be extended by the Architectural Committee for a period not to exceed one hundred twenty (120) days, in the event that during said thirty (30) day period following occupancy, inclement weather or labor strike shall prevent the laying, installation or establishment of such lawn. The Architectural Committee may waive the requirement for an established lawn in an area where in the opinion of the Committee existing trees make such lawns unnecessary, and that vacant lots purchased by a private party are to be graded off to the elevation as required by the recorded Plat of Survey, and shall be seeded within thirty (30) days of closing on such lot, if not immediately built upon within said thirty (30) day period of time. Owners of such lots shall be required to maintain the property, and the growth of grass shall not exceed four (4) inches at any given time.
(20) Blank
(21) Blank
(22) All roofing materials on all buildings, included the residence dwelling and all structures attached or detached to the residence, must be made of a minimum weight 235# asphalt or fiberglass roofing shingle.
The Architectural Committee, as set forth in subparagraph (4) herein, must approve all construction materials before construction begins.
(23) All owners of the lots in the Subdivision shall be responsible through the formation of the Homeowners Association, for the maintenance of the Street lights located within the Subdivision, the maintenance of all common areas, berms, boulevard landscapings, entrance walls entranceway landscapings, common area signs, and the insurance policy premiums to insure against damage to the same. In respect to the entrance walls located at the two entrances to the Subdivision, the possession of these walls shall be deeded to the Purchaser of these lots, and an easement shall be created to allow for the maintenance of the same by the Homeowners Association. Each owner shall be responsible for their prorata share of these costs at a rate of FIFTY ($50.00) DOLLARS per year per homeowner to be held in a separate interest bearing account as established by the Developer of the Subdivision. The first payment shall become due and payable at the time and date of closing on such lot or building, and shall become due in said FIFTY ($50.00) DOLLAR sum on the first day of January of each and every subsequent year, beginning with the year 1992.
(24) Each lot shall at all times be kept in a clean and sightly condition. No trash, litter, junk, boxes, containers, bottles or cans shall be permitted to collect or remain exposed on any lot except as necessary during the period of construction. The owner of each lot shall be responsible for the cutting of grass each year on such lot so as to conform with the requirements of the Architectural Committee who shall have the right after 30 days of written notice to hire someone to cut the grass and clean the debris and shall have the right to lien said lot for repayment of same.
(25) An easement of widths shown on said plat is hereby reserved for the use of Commonwealth Edison Company, Illinois Bell Telephone Company, Northern Illinois Gas Company, drainage and a cable television operator who obtains a franchise, their successor and assigns, and anyone working by, through or under them, all as shown by dotted or broken lines on the plat to install, lay, construct, renew, operate and maintain pipes, beneath the ground only, with all necessary appurtenances for the purpose of serving this Subdivision and adjoining with electric, telephone, cable television, gas, sewer and water service together with the right to enter upon said easements at all times to install, lay, construct, renew, operate and maintain said pipes, mains, tiles, conduits, manholes and cables. All such utility pipes, mains, tiles, conduits, cables and appurtenances (except necessary pedestals and transformers required to serve the underground facilities so constructed in the Subdivision) and lines of any nature and whether constructed, installed, laid or reconstructed in such easements or in streets or rights of way in the Subdivision, must be buried under and beneath the ground; no permanent building, fence, tree or shrubs shall be placed on said easement, but same may be landscaped and used for other purposes that do not interfere with the use of said easement for public utilities purposes.
(26) Each grantee of a Lot in this Subdivision, by the acceptance of a deed conveying any lot in this Subdivision, shall accept title thereto upon and subject to each and all of the covenants, conditions, restrictions, reservations, equitable servitudes, grants and easements herein contained, and by such acceptance shall for himself, his heirs, personal representatives, successors, assigns, grantees and lessees, covenant and agree to and with the grantees and subsequent owners of each said other lots, to keep, observe, comply with and perform said covenants, conditions, restrictions, reservations, equitable servitudes and grants.
B. The covenants, conditions, restrictions, reservations, equitable servitudes, grants, easements and set back lines herein contained and created in Paragraph A (all of which may hereinafter be referred to as the �restrictions�) shall be considered as appurtenant to and running with the land and shall operate for the benefit of the Developer, its successors and assigns and all the lots in said Subdivision or by the Developer, its successors and assigns. A violation of the restrictions herein contained shall warrant the Developer, its successors and assigns or any other lot owner(s) benefiting thereby to apply to any court of law or equity having jurisdiction for an injunction to prevent such violation or for damages or other proper relief, and if such relief be granted, the Court may, in its discretion, award to the plaintiff, his or its Court costs and reasonable attorneys� fees. No delay or omission on the part of the Developer or their successor or assigns in interest, or the owner or owners of any other lot or lots in said Subdivision in exercising any right, power or remedy herein provided for in the event of any breach of any of the restrictions herein contained, shall be construed as a waiver there of any acquiescence therein; nor shall neglect of the Developer or its successors or assigns to exercise any right, power or remedy herein provided for in the event of any such breach, stop Developer from imposing any of the restrictions herein; and said restrictions herein shall continue in effect until January 1, 2012, at which time they shall continue for successive periods of ten (10) years unless by a majority vote of the owners of the lots in said Subdivision at the beginning of each successive ten (10) year period they are amended or terminated.
At any time and from time to time while these restrictions are in effect, they may be amended or revoked by the recording in the Office of the Recorder of Will County, Illinois, of an instrument declaring such amendment or revocation, which instrument shall be signed either by the Developer (or its successors or assigns) or by the then owners of not less than eighty�five percent (85%) of the lots in said Subdivision, which Declaration shall set forth such amendment or revocation and shall be effective from and after the date of its recording; provided, however, that if the Developer or its successors or assigns shall hold legal title to any lot or lots in the Subdivision, then an amendment or revocation signed by not less than eighty�five percent (85%) of the owners of such lots must also be signed by the Developer or its successors or assigns and if not so signed such amendment or revocations shall not be valid. A certificate signed and acknowledged by the Recorder of Will County or by an abstractor or title company doing business in Will County that any such instrument or amendment or revocation has been signed by the then owners of not less than eighty�five percent (85%) of such lots shall be deemed prima facie evidence that such instrument has been signed by the owners of the required number of lots. No certificate of any sort shall be required if such amendment or revocation shall be signed by the Developer or its successors or assigns. In the voting provided herein and in making amendments and revocations of this Declaration, each of said originally platted lots shall be deemed a unit and the owner or owners thereof shall be entitled to one (1) vote and shall count as one owner in determining the number of votes and owners.
The word �Developer� as used in this Declaration is defined as and intended to include and mean Kipling Development Corp., and Illinois Corporation, its successors and assigns.
The invalidity of any covenant, condition, restriction, reservation, equitable servitude, grant, easement or set back line hereby imposed and created or any provision hereof or any part of such provision shall not impair or affect in any manner the validity, enforceability or effect of the remainder of this instrument.
The paragraph headings or marginal identifications contained herein are for the convenience only and do not define, limit or describe the contents thereof.
Any acquiescence or failure to enforce any violation of the covenants, conditions, restrictions, reservations, equitable ser-vitudes, grants or easements contained herein shall not be deemed to be a waiver of any of the other provisions of this document in any other instance.