TOWBOHA Covenants

WHEREAS, this organization is a not-for-profit corporation and common interest community association organized and existing under the law of the State of Illinois; and

WHEREAS, the affairs of this corporation are managed by its Board of Directors; and

WHEREAS, Article 1 of the TOWBOHA By-Laws provides that the use and enjoyment of the property is subject to and governed by the provisions of this Declaration, the By-Laws and the reasonable rules and regulations adopted from time to time by the Association; and

WHEREAS, it is the intent of the Board of Directors to adopt reasonable rules and regulations governing the properties within the Association, in order to protect the desirability and value of the properties, as well as the safety of its residents; and

WHEREAS, in addition, the Board of Directors has deemed it desirable to require that owners perform a certain amount of due diligence in order to ensure anticipated compliance with the Association’s governing documents and applicable law and to set forth appropriate penalties for violating the same

NOW THEREFORE, the following covenants, conditions and restrictions are hereby imposed on all lots in the above described Twin Oaks West - Burr Oaks Subdivision, and shall be considered as running with the land and shall be binding upon the respective owners of said lots, their heirs, executors, administrators, successors, grantees, lessees and assigns:

1) Single Family Residential Buildings Only

Only   one residential building shall be erected or allowed to exist upon any of   said lots in Twin Oaks West – Burr Oaks 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 on the attached plat, shall be divided or re-subdivided except   for the purpose of combining portions thereof with an adjoining 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. Such   non-permissive uses prohibited above may not either 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. No business or profession of any nature   shall be conducted on any lot or in any residence constructed on any lot in said   Subdivision.

2) Rental Property

As   of November 4, 2016, all units are to be owner occupied. Zero percent (0%) of the Properties may be   leased at any given time. Properties that were leased prior to November 4,   2016, however, may continue to be leased until such time as the property   becomes owner-occupied or the title is sold to a third-party. When sold, the   Property is no longer considered a leasable property.  Any Property leased   prior to November 4, 2016 is to be recorded by the Board as a grandfathered   agreement. 

A   Property Owner’s failure to comply will result in the Board pursuing all   legal remedies available to it, including but not limited to enforcement of   this restriction through the imposition of fines and/or the termination of   the lease. All costs of said   termination, including attorney’s fees and court costs, shall be assessed to   the Property Owner.

To   avoid hardships and to meet special situations, in the event that a Property   unit needs to be temporarily leased, a Property Owner may apply for a hardship   waiver from the Board. “Hardship” includes death, disability, job transfer,   and transfer to active duty in the armed forces of the United States or any   other extreme circumstance in which, in the Board’s sole discretion, the   Board decides that a waiver should apply. The Property Owner must submit a   request, in writing, to the Board requesting a hardship waiver, setting forth   all reasons why he or she is entitled to same. In order for the Board to   consider the request, the Property and Property Owner must be in good   standing within the Association. If the Board determines a hardship exists,   the Property Owner requesting such hardship will be permitted to lease   his/her Property for a period of time not to exceed one (1) year. Once the   tenant moves out or this period expires, whichever occurs first, the Property   Owner must come into compliance with this restriction. Failure to abide by   all rules and regulations may result in revocation of hardship status. 

No   Property Owner may lease less than the entire Property, nor may the Property   be leased for transient or hotel purposes. The acceptance of boarders or the   leasing of rooms or basements is expressly prohibited. Any Property not   occupied by the legal owner of said Property, his/her spouse, significant   others, parents, or children shall be considered leased and subject to the   provisions of this and all other requirements of the Association. In the   event that the legal ownership of any particular Property is in trust, then   this provision shall apply if the Property is not occupied by the beneficiary   of the trust or the beneficiary’s legal spouse, parent or child. 

Each   Property Owner shall be responsible for the actions of his/her tenants. If a   tenant violates any provision of the Declaration, By-Laws or Rules and   Regulations, the Board, at its discretion, shall determine what action should   be taken against the Property Owner and/or tenant, as the case may be. When   the Board determines that a violation or series of violations warrant   termination of the lease, the Board may take whatever action(s) are necessary   to terminate the lease and leasing opportunity, be it grandfathered or per   hardship agreement. All costs of said termination, including attorney’s fees   and court costs, shall be assessed to the Property Owner.

Any   leasing agreement not approved as provided herein, shall subject the owner of   the lot in question to an increased annual assessment of $500.00.    Continued violations of this section shall result in an increased assessment   of $1,000 for each year of the violation.  Among other remedies the   Association may seek to terminate the lease agreement pursuant to these   covenants.

3) Destruction of Building

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 ninety (90)   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 Architectural   Committee.

4) Mandatory Approval of House Plans and   Rights of Committee

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, gas or electric yard light, and other   structures upon the lot (all of which for convenience are herein referred to   as the “construction plans”) and no such building, fence, wall, improvement   or structure shall be erected or placed upon any lot in said Subdivision   unless and until said complete construction plans, including but not limited   to the site plan and foundation grade and elevation, finished ground   elevation and location of the with respect to the topography of the land,   have received written approval of the Architectural Committee as 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 such 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 said construction plans or 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 non-conformity and shall preserve the right of the   Committee, the Association, or any lot owner in said Subdivision to file suit   to enjoin the construction of said building, improvement or structure, and   the removal of any portions thereof which may 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 give written 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 Association 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 Association, the Committee or the owners of any lots in   said Subdivision to enjoin the erection or construction of any building or   structure not conforming fully to the requirements of this Subparagraph (5)   or any other of these restrictions shall be timely if filed within one   hundred twenty (120) days after the date the nonconforming owner shall have   been notified of such default, provided such notice shall have been given   within fifteen (15) days after discovery of said non conformance.

The   height, ground elevation or grade of the top of each and every foundation,   basement, crawl space or base walls for buildings constructed in said   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   Committees shall deny any application, proposal or plan for construction of   any improvement as discussed herein if in its sole discretion it finds that   the plans as submitted:

1. Are not in accordance with all of the        provisions of this Declaration; or
2. 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 buildings or structures; or
3. If such construction plans as submitted        are incomplete; or
4. If the Committee deems the construction        plans or any part thereof or any material 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        any part of the real property, subject hereto, or the owners thereof, or        of the adjacent property owners, all in the sole and uncontrolled        discretion of the Committee, or
5. If the Committee deems 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        said Subdivision, or
6. In relation to any submission for        swimming pool, the Committee determines that the plan as submitted is        for an above ground pool.  No proposal for a pool that is not at        grade or has exposed walls or sides will be approved.  It is the        intent of this Declaration to not allow for the construction of above        ground pools.  Any proposal for a pool shall comply with the        ordinances and requirements of the City of Joliet then in place at the        time of the submission.

5) Minimum Living Area

In   addition to the requirements in Declaration, residences erected on the lots   in said Subdivision shall be as follows, and no such residence shall be   erected or allowed to exist which does not conform to the following   requirements: 

1. A one story residence shall contain at        least fifteen hundred (1500) square feet of living area, exclusive of        garage, breezeway, porches and basement.
2. A one and one-half story residence shall        contain at least twelve hundred (1200) square feet of living area on the        first floor exclusive of garage, breezeway, porches and basement (for        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        floor, which second floor is smaller in living area than the first        floor, but not to include those buildings commonly described as        multi-level, split-level, bi-level or tri-level).
3. A two story residence shall contain at        least one thousand (1,000) square feet of living area on the first floor        exclusive of garage, breezeway, porches and basement.
4. A multi-level, split-level, bi-level,        tri-level, or staggered level residence must contain at least sixteen        hundred fifty (1650) 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 said 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 (5) above and the   Architectural Committee may otherwise disapprove of such construction plans   based upon the provisions of said Subparagraph (5) above.

6) Two Car Attached Garage Required

As   appurtenant to the residential building permitted by 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 automobiles shall be constructed or erected, 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. Such garage shall in   architectural design and in proportionate construction cost conform to said   residential building. 

7) Front Line Set Backs

No   building or portion thereof shall be erected closer to the front lot line or   street right of way than the building set back line shown on the plat of said   Subdivision for the particular lot.

8) Side Yard Setbacks

For   any building or structure, other than a fence, driveway, sidewalk, decorative   wall, hereinafter erected or structurally altered on any lot in said   Subdivision, there shall be a side yard from the sides of the building or   structure to the said side of lot line of such lot as follows:

1. For a two story building – total side        yards shall be not less than twenty (20) feet with not less than eight        (8) feet on any side.
2. For a one story, a one and one-half        story, multi-level, tri-level, bi-level, split level or staggered level        building—total side yards of not less than fifteen (15) feet with not        less than six (6) feet on any side.

9) Sidewalks

No   residence or building erected or constructed on any lot in said Subdivision   shall be occupied in any manner at any time prior to the installation and   construction thereon by the owner, at the owner’s sole expense, of a sidewalk   which shall in all respects, including size, shape, placement, grade and   material conform to all of the requirements of the laws and ordinances of the   City of Joliet, including but not limited to the ordinances which are   commonly known as the “Subdivision Ordinance” and “Sidewalk Ordinance” of   said City, as they may presently exist and hereafter be amended. The actual physical presence of a sidewalk   which has been constructed on any such lot together with the issuance of a   “Certificate of Occupancy and   Compliance” by the City of Joliet or any other document used by the City of   Joliet to serve the same purposes of said “Certificate of Occupancy and Compliance” shall be prima facie   evidence of the full compliance with the terms of this Subparagraph (8) of   this Declaration by the owner of any such lot upon which said sidewalk shall   be constructed. Nothing contained   herein shall be construed so as to obligate the undersigned to install any   such sidewalks.

10) Paved Driveway Before Occupancy

No   residence or building erected or placed on any lot in said Subdivision shall   be occupied in any manner at any time prior to the installation and   construction thereon by the owner 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 by the Architectural Committee for a period 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 said Subdivision unless it shall be surfaced with concrete,   asphalt or bituminous concrete; provided, however, that slabs of stone, brick,   pavers, exposed aggregate concrete or like materials may be used only upon   the express written consent of the Architectural Committee.
 

11) Essington Road Driveways Prohibited and   Fronting Requirements on Certain Streets

No building or residence on   any of said lots in said subdivision shall have access or a driveway from the   road or street known and designated as Essington Road.

On Lots 31, 50, 51, 67, 79,   110, 111 and 112, no buildings shall be constructed so as to face or front on   the road or street known and designated as Essington road, except this   provision shall not prohibit the erection of an “L shaped” or similar shaped   residence on Lots 111 and 112 fronts on Oakwood Drive and which has a garage   and/or a portion of the residence (other than the front thereof) facing   Essington Road.

On Lots 3 and 34, no   residence shall be constructed so as to face or front on Meadow Wood Drive, except this provision shall not prohibit the   erection of an “L shaped” or similar shaped residence which fronts on Indian Wood Lane and which has a   garage and/or a portion of the residence (other than the front thereof)   facing Meadow Wood Drive.

On Lots 38 and 39, no   residence shall be constructed so as to face or front on Burr Oaks Road, except this provision shall not prohibit the erection   of an “L shaped” or similar shaped residence which fronts on Meadow Wood Drive and which has a   garage and/or a portion of the residence (other than the front thereof)   facing Burr Oaks Road. 

On Lots 89 and 97, no   residence shall be constructed so as to face or front on Ponderosa Place, except this provision shall not prohibit the   erection of an “L shaped” or similar shaped residence which fronts on Dog Wood Court and which has a garage   and/or a portion of the residence (other than the front thereof) facing   Ponderosa Place.  

On Lots 99 and 115, no   residence shall be constructed so as to face or front on Ponderosa Place except this provision shall not prohibit the   erection of an “L” shaped or similar shaped residence on Lots 99 and 115   which fronts on Oakwood Drive and   which has a garage and/or a portion of the residence (other than the front   thereof) facing Essington Road.

12) No Parkway Trees in Certain Parkways

The   City of Joliet has complete jurisdiction over the planting of trees in   Certain Parkways, and as such should be consulted prior to the planting of   trees in the parkways of any of the following lots:

On   Lots 15, 16, 17, 18, 19, 28, 29, 30, 31, 32, 33, and 34 no trees shall be   planted or placed anywhere within the right of way (sometimes commonly   referred to as the “parkway”) of Indian Wood Lane.

On   Lots 19, 20, 27, 89, 97 and 115, no trees shall be planted or placed anywhere   within the right of way or parkway of Ponderosa Place.

On   Lots 24, 25, 26, 27, 39, 72, 82, 83, 84 no trees shall be planted or placed   anywhere within the right of way or parkway of Burr Oaks Road.

On   Lots 3, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 93, 94, 95, 96, 97, 98, 99,   100 and 101, no trees shall be planted or placed anywhere within the right of   way (sometimes commonly referred to as the “parkway” of Meadow Wood Drive.

On   Lots 67 through 75 no trees shall be placed or planted anywhere within the   right-of-way of Rosemont Drive.

On   Lots 65 and 66, no trees shall be planted or placed anywhere within the right   of way or parkway of Kingswood Court.

On   Lots 77, 78, 79, 80, 81, and 82 no trees shall be planted or placed anywhere   within the right of way or parkway of Aspen Court.

On   Lots 94, 95, 96, and 97 no trees shall be planted or placed anywhere within   the right of way or parkway of Dogwood Court.

On   Lots 99, 100, 101, 102, 112, 113, 114, and 115, no trees shall be planted or   placed anywhere within the right of way (sometimes commonly referred to as   the “parkway”) of Oakwood Drive.

No willow trees  shall be planted in any right of way or parkway of any street or road in said   Subdivision.

13) Easements

An   easement of the widths shown on said plat is hereby reserved for the use of public   utilities including the City of Joliet, their successors and assigns, and anyone   working by, through or under them, all as shown by dotted or broken lines on   the play attached hereto and marked “Utility Easement” or “P. U. Easement,”   to install, lay, construct, renew, operate and maintain pipes, mains, tiles,   conduits, manholes, cables, under and beneath the ground only, with all   necessary appurtenances for the purpose of serving said Subdivision and   adjoining property with electric, telephone, 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, cables. All such   utility pipes, mains, tiles, conduits, cables, appurtenances (except   necessary pedestals and transformers required to serve the underground   facilities so constructed in said Subdivision, and lines of any nature and   whether constructed, installed, laid or reconstructed in such easements or in   streets or rights of way in said Subdivision, must be buried under and   beneath the ground, no permanent building, 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. 

14) Ninety Days to Complete Shell and Six   Months to Complete Finished Exterior

The   work of constructing, altering or remodeling any building on any said lot   shall be prosecuted diligently from its commencement and until the completion   thereof. Unless otherwise specifically   authorized in writing by the Architectural Committee, the complete exterior   structure or shell, not including finished exterior wall materials (e. g.   brick, stone or other approved material) must be completed and erected and   constructed within ninety (90) days after the date construction of any   residence shall have been commenced. The complete shell (including roof and all exterior walls) and all   exterior masonry and other wall covering on every building or residence   commenced to be constructed in said Subdivision shall be completed within six   (6) months after the date of commencement of such building. The effect of this provision shall be to   require that on the exterior and from neighboring lots each such residence   shall appear completed within said six (6) months. Unless otherwise approved by the   Architectural Committee no excavation, on any lot in said Subdivision shall   remain open for a period of more than sixty (60) days.

15) Fences, Dog Runs and Approval   Requirements

No   fence or dog run or enclosure shall be erected on any lot in said 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 six (6) feet in   height extending from the front of the building to the front property   line. No fence, dog run or animal run   or enclosure, shall be erected or constructed on any lot in said Subdivision   without the specific approval of the Architectural Committee, and only such   type of fence, run or other enclosure as shall be acceptable to and approved   by the Architectural Committee shall be so erected, constructed, or   maintained. Before anyone shall   commence the construction of a fence, dog run or enclosure 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 dog run, fence, or enclosure   other structures upon the lot (all of which for convenience are herein   referred to as the “construction plans”) and no such dog run, fence, or   enclosure shall be erected or placed upon any lot in said Subdivision unless   and until said complete construction plans, including but not limited to the   site plan and foundation grade and elevation, finished ground elevation and   location of the with respect to the topography of the land, have received   written approval of the Architectural Committee as 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 such notice   to be deemed to be the date of such notice. If at the sole discretion of the   Committee it is determined that additional time is needed to review the   submitted plan, the Committee shall provide written notice to the home owner   informing them of the need for extended review time.

Anything   herein to the contrary notwithstanding recording in the Office of the   Recorder of Deeds of Will County of any such notice disapproving said   construction plans or disapproving of the construction of any such dog run,   fence or enclosure commenced prior to approval by the committee of such   building shall be sufficient notice to the owner and all persons of such   non-conformity and shall preserve the right of the Committee, the   Association, or any lot owner in said Subdivision to file suit to enjoin the   construction of said dog run, fence or enclosure, and the removal of any   portions thereof which may 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 give written 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 Association or any lot owner to   enjoin the construction of the dog run, fence or enclosure, it shall be   presumed that the Committee has approved such proposed construction plans.

16) Animals

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 any   objectionable noises and do not otherwise constitute a nuisance or   inconvenience to any of the residents of said Subdivision. Any pets which cause objectionable noise or   otherwise constitute a nuisance or inconvenience shall forthwith be removed   from the premises by the person having custody of the same.

17) Lawn

Within   sixty (60) days after a residence or building erected or placed on any lot in   said Subdivision shall be occupied, the owner of such lot shall lay, install   or establish a grass lawn on all of 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 sixty (60) day period following occupancy   inclement weather or labor strike shall prevent the laying, installation or   establishment of such lawn.

18) Weed Cutting and Clean Up

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 is necessary during the period of construction. The owner of each lot shall be responsible   for the cutting or removal of weeds on such lot so as to conform to   requirements, ordinances and regulations of the City of Joliet, Illinois, and   Will County, Illinois.

19) Garbage Cans

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. No garbage cans or trash   shall be put curbside for pickup until 6:00 p.m. the evening before the   scheduled pick up time.

20) Garbage Burning

No   garbage or trash shall be burned on the premises except in an incinerator   located inside of a residence. No   leaves shall be burned as directed by the City of Joliet Ordinances.

21) Buried Utility Lines

All   public utility cable television and radio, pipes, mains, tiles, conduits,   wires, cables, lines, service lines and other appurtenances constructed, laid   or installed in said Subdivision must be buried beneath the ground, except   the necessary pedestals and transformers required to serve the underground   facilities in said Subdivision. 

22) No Temporary Buildings, Out Building,   Campers, Trailers, Etc.

No   outbuilding, temporary house, campers, habitable motor vehicles, trailer,   tent, stand, recreational appurtenances, shed, shack, barn, basement or other   structure or building of a temporary character shall be constructed, placed,   allowed to exist or used on any lot at any time either as a residence or   otherwise and either temporarily or permanently and 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 herein-before provided; for   the purpose of this Declaration, a swimming pool, and its appurtenances shall   not be considered an outbuilding or structure falling within this   Subparagraph.
 

23) No Commercial Trucks, Campers, etc., To   Be Kept On Any Lot or On Any Street

No   commercial 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 said Subdivision and the dedication   of any such right of way or street in the plats attached hereto shall be   subject to this provision. 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   of the lots in said 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 from neighboring yards. For the purpose of this Declaration, a   passenger pick-up vehicle (truck) shall not be considered a truck falling   within this Subparagraph. All terms   listed in this section shall be defined by the Illinois Motor Vehicle Code.

24) Junk, Machinery and Materials

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 said   Subdivision shall be used for storage of junk or for wrecking yards.

25) Tanks and Outside Air Conditioning Units

No   elevated tanks of any kind shall be erected, placed or permitted to exist in   said Subdivision. Any tanks for use in   connection with any residence constructed in said 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 said Subdivision, and no such unit or apparatus   shall be located in any front yard of any residence in said Subdivision.

26) Signs

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”   sign not exceeding 3’ x3’ in size. This provision shall not apply to any sign which the Association may   erect identifying and/or advertising said Subdivision and adjoining land, any   model homes or which may be deemed necessary by the Association for the   operation and sale of said Subdivision and adjoining property or any house or   any lots therein, which said signs the Association may erect and maintain.

27) Curbside Mail Box

See   www.usps.com or local postmaster for Postmaster General's   instructions for curbside mail boxes. 

28) Assessments

Each   owner of any lot in the Subdivision shall pay the Association or its   successors and assigns on or before May   1 of each year an annual assessment or charge in an amount of $40.00, which said assessment shall   be used for the purposes of a mosquito abatement program, additional security   patrols, administrative costs, social activities, an annual yard/garage sale   and such other similar programs as Association shall in its sole discretion   deem desirable and necessary for the benefit and welfare of the   Subdivision. If any assessment is not   paid in a given year, then such assessment shall become delinquent and shall,   together with the cost of collection thereof as hereinafter provided,   thereupon become a continuing lien on the said lot for which it is so   delinquent and shall bind such property in the hands of the then Owner, his   heirs, devisees, personal representatives and assigns. The Association may bring an action at law   against the Owner personally obligated to pay the same or to foreclose the   lien against the property, and there shall be added to the amount of such   assessment the costs of preparing and filing the complaint in such action,   and in the event a judgment is obtained, such judgment shall include interest   on the assessment as above provided and a reasonable attorney’s fee to be   fixed by the court together with the costs of the action.

29) Acceptance by Grantees

Each   grantee of a lot in said Subdivision, by the acceptance of a deed conveying   any lot in said 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 hereafter 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 Association, its successors and assigns and all the lots in said Subdivision and may be enforced by the owner or owners of any lot in said Subdivision or by the Association, its successors and assigns. A violation of the restrictions herein contained shall warrant the Association, 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 omission on the part of the Association or their successors 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 thereof or any acquiescence therein, and no right of action shall accrue nor shall any action be brought or maintained by, or, on account of the failure or neglect of the Association or its successors and assigns to exercise any right, power or remedy herein provided for in the event of any such breach, or for imposing any of the restrictions herein, and said restrictions,  herein shall continue in effect until January 1, 1987, 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 Association (or its successors and assigns) or by the then owners of not less than sixty percent (60%) 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 Association or its successors and assigns shall hold legal title to any lot or lots in said Subdivision, then an amendment or revocation signed by not less than sixty percent (60%) of the owners of such lots must also be signed by the Association its successors or assigns and if not so signed such amendment or revocation 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 of amendment or revocation has been signed by the then owners of not less than sixty percent (60%) 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 Association or its successors and assigns. In the voting provided for herein and in making amendments and revocations to 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 “Association” as used in this Declaration is defined as and intended to include and mean Twin Oaks West – Burr Oaks Home Owners Association (TOWBOHA), 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 any 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 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 servitudes, 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.

IN WITNESS WHEREOF, TOWBOHA, an Illinois corporation, has caused these presents to be signed in its behalf by its President and attested by its Secretary, and has caused its Corporate Seal to be hereto attached as and for the act and deed of said corporation, this 4th Day of November, 2016.