Work Sample: Legal Document for Plum Tree Homes Association Rules and Regulations

1. Plum Tree Homes Association
Rules and Regulations
Preface
The Rules and Regulations were established by the Homeowner's
Association and were researched to coincide with Rolling Meadows
codes and are not intended to unduly infringe upon the rights of anyone.
They are set forth to ensure the full enjoyment of your home and the
surrounding areas- of Plum Tree Homes. Cooperation by everyone is
expected. Tenants and guests are subject to the same rules and
regulations as homeowners. Upon the sale of a property, these rules and
regulations are required to be passed to the next owner.
Section A", Method of Enforcing
the Rules and Regulations
1. Any homeowner, aware of infractions of these Rules and Regulations isrequested to 'report the infractions either verbally or in writing to the Board
of Directors and/or the Property Manager. The homeowner may remain
anonymous if they so choose. However, in some instances, the homeowner
may be required to testify at a violation hearing in order for the Board to
make a determination of the violation. Photographs may also be submitted
as proof. Upon verification of an infraction by either a Board Member(s),
and/or the Property Manager, or both, the violator will be notified in
writing.
2. Any homeowner receiving a warning or notification of a violation to the
Rules and Regulations of the Plum Tree Homes Association has the right to
be heard by making an appearance that coincides with the next scheduled
meeting of the Board of Directors. This request must be made in writing
and mailed/given to the Property Manager. All hearings will proceed with
or without the presence of the homeowner as long as warning has been
made in advance.
3. Upon the first infraction of a rule, the offending homeowner will receive a
letter from the Plum Tree Property Manager on behalf of the Board. This
will serve to notify the homeowner of a reported infraction and will act as a
warning against future infractions. This letter may indicate corrective
actions that are to be taken by the homeowner to remedy the violation and
prevent further Association action.
4. Upon the second infraction, or if no corrective action has been taken, or if
satisfactory settlement is not reached within a reasonable period of time, the
homeowner will be notified of further action to be taken by the Plum Tree
Homes Association. Such action will include a fine. Parents or legal
guardians are responsible for the actions of their children.
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2. 5. Non- payment of fines or fees incurred by the homeowner will be handled in
the same manner as non-payment of the monthly Association assessments.
Any and all costs and attorneys' fees shall be assessed back to the account of
the offending homeowner at the time they are incurred:
Section B.
Method for Updating or Adding to the Rules and Regulations
1. Homeowners wishing to suggest a change or addition of a Rule or
Regulation should make fheir .request ,in writing to the Board -ef Directors
for consideration at the next Board Meeting. The letter should be sent to the
Property Manager.
Section C.
Exterior Maintenance
1. Exterior of the home including all structures attached to the home must be
-malntained and -ingood r-epair,meanin.g no rust, peeling.cracks, chips nr
rotting wood. We request all residents to report problems to the Property
Manager.
2. If any exterior alterations are made by a homeowner without Architectural
Committee approval, the Board of Directors may demand that the home will
be restored to its original color/material/elevation at the homeowner's
expense. The alteration must also comply with the City of Rolling Meadows.
If the homeowner has not started such -restorati-on withtn -areasonab-Ie-time
frame, the Board may take it upon themselves to hire a contractor and
charge the cost of the restoration back to the homeowner. Fines for additions
and alterations violations are different from the Plum Tree Homes
Association ViolationlFine Policy in that this is a more serious offense. These
exclusive fines are as follows:
1st Offense:
$150
nd
2 and continuous Offense:
$500
Board action to restore the home and
3rd Offense:
charge back to the homeowner.
3. All doors, windows, shutters, and additions must be painted to complement
the exterior colors. Awnings or other projections shall not be attached to the
exterior of the home.
4. Screens should not be torn or discolored.
5. Any construction, erection, or placement of a thing, permanently or
temporarily, on the outside ofthe home, whether such portion is improved,
must be approved by the Architectural Committee of the Association, or it
will be removed at the homeowner's expense.
6. All plans and specifications for decks, fences, gates, and patios, temporary
or permanent, must be received in writing by the Architectural Committee
of the Association before construction or installation begins. The
Architectural Review Committee will allow 3 elements: wood, wrought
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3. """------"--
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iron, or PVC type plastic materials for the fencing. All fences and gates
shall not be any higher than 5 feet tall.
7. Fences approved or built in the past by either the developer or the
homeowner will not necessarily require that the Board of Directors grant
approval for similar type fences in the future. This applies to any and all
additions, replacements, or new fences on any lot. Replacement fences must
conform to current replacement rules and regulations.
8. Portable or window air conditioners are not permitted on the front of a
home. Anyone desiring to install a portable or window air conditioner in the
future must have written board approval. Central air conditioner units
shall be placed at ground level on a pre-cast pad.
9. Driveways must not be neglected. No ruts deeper than 2 inches or
crumbling of materials is allowed or the asphalt must be replaced.
Driveways must not be so low as to allow standing water to accumulate." 'If
driveways turn gray due to a lack of seal coat, they must be recoated.
Driveways should be seal coated at a minimum of every 3 years. Unless
approved by the City of Rolling Meadows, no driveway may be expanded.
Any expansions approved by the City must then be approved in writing by
the Plum Tree Architectural Committee. Driveway materials that can be
used are asphalt, concrete, and brick pavers,
10. All property including but not limited to decks, fences, gates, patios, gutters,
garage doors, windows, siding, must be properly maintained. We request all
residents to report problems to the Property Manager for notification to the
homeowner. Any home found in disrepair will be notified by the Property
Manager to make immediate corrections. Homeowners, tenants, and guests
are responsible for keeping their trash and/or other debris from collecting
on their own lot, as well as on property other than their own. Currently the
Rolling Meadows municipal code allows trash to be placed outside the day
before pickup after 3 pm during the months of November through March
and after 6 pm during the months of April through October. (City
ordinance 04-05, Sec.90-74. #9).
11. All seasonal decorations may be placed 30 days before the season and must
be removed within 30 days after the season ends. "
12. Bug zappers shall only be on when the owner is outside in close proximity.
These units cannot be left on overnight. They must be removed and brought
indoors during the winter months.
13. Basketball hoops and poles in front or on the sides of homes must have
Plum Tree Architectural Committee approval, and well as written approval
from adjacent neighbors on either side of the home regarding the location of
freestanding equipment. All permanently attached basketball hoops in
front, side, or back yards must have the written approval of the Plum Tree
Architectural Committee. They must be painted in harmony with the house
and the trim on the board must match the trim color of the house or be a
-elear ~cryYcbackboard. -Garag.emounted basketballbackboards
may .not
project more than two (2) feet from the front of the house. Lighting for
basketball hoops is not permissible.
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4. 14. Storage of furniture, lawn mowers, car parts, appliances, snowblowers,
garbage cans, trash bags, etc. is not permissible on decks, driveways, or
patios, or on the sides of a home. Decks and patios are to be used for patio
furniture, barbeque grills, and planters only. Firepits and campfires should
never be used indoors, too close to the house, or under an overhang or
anything that could catch fire, and some should not be used on wood decks.
Owners should check the product manual to determine whether use on a
wood deck is recommended.
15. Homeowners in violation of any of the above regulations will be tlned
according to the vlolation/fine policy instituted.
Section D.
Landscaping
1. All plants planted on common area grounds by homeowners or residents
must be approved by the Board of Directors and/or the Landscaping
Committee, if any. All approved plantings are deemed contributions and
shallbeeemethe sol-e property .of the Association.
2. No tree or shrub shall be removed from the common area without the
express consent of the Board. No planting of any kind shall be placed on any
lot in such a manner as to interfere with the use of neighboring lots or
common areas or to present any visual safety hazard.
3. Grass must be kept trimmed at all times. It should be cut at a level
consistent with your neighbors. Grass should be cut as necessary, May
through October. Grass height cannot exceed eight inches. Dumping of grass,
wood, tree parts, or debris of any nature behind homes or in common areas
or at any other site is strictly prohibited.
4. Compost piles are not allowed anywhere. According the the Rolling
Meadows municipal code, Section 38-34, it is forbidden "to cause or suffer
the carcass of any animal or any animal or vegetable matter, slops, swill,
suds, garbage, filth, stable droppings or offal or noisome substance of any
kind to be collected, deposited, or to remain in any place in the city to the
prejudice of others, or to so negligently conduct any business or use any
premises as to create such an offensive smell as may taint the air and render
it unwholesome or disagreeable to the neighborhood."
5. Weeds growing out of control around the property, through the fences,
patios, and decks, or between your landscaping and your neighbors must be
removed and disposed of properly.
6. Trees and bushes must be kept trimmed and maintained at all times. No
overgrown bushes will be allowed. Dead trees and bushes must be disposed of
properly.
7. Absolutely no makeshift appurtenances shall be used to hold up trees and/or
bushes, and no temporary structures are permitted.
8. Ail homeowners whose property abuts a public sidewalk MUST NOT
obstruct the sidewalk and must keep the bushes, trees, and grass trimmed to
the sidewalk line at all times.
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5. 9. Political signs are allowed on front lawns up to 60 days before an election,
but must be removed-within 48-h-out"S1lfterhe eleetien -is-ov-er.
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10. Violations of any of the above regulations will be handled according to the
violation/fine policy instituted.
Section E.
Pets
1. All homeowners will conform to city ordinances concerning animals
2.
. 3.
4.
5.
6.
7.
8.
including: "all animals must be on a leash not to exceed 5 feet, when off the
owner's property."
No animals other than dogs, cats, or other animals reasonably considered to
be household pets, shall be raised, bred, or kept anywhere on the property.
City ordinance limits the number of animals on private premises to no more
than 4 dogs or other household domestic animals. Any number more than
four must have a kennel license. Also, no animals may be raised, kept, bred,
or maintained for any commercial purpose .
City of Rolling Meadows animal regulations state: " the owner of any animal
-shall -be .respensible for the .removal.and sanitary disposition of ANY excreta
deposited by the animal ANYWHERE in the City. Whoever accompanies an
animal outside his premises, shall have on his person suitable means for
removal of such excreta." Residents are requested to report offenses both to
the City of Rolling Meadows and the Plum Tree Property Manager, and fines
by both entities will be imposed according to the violation/fine policy
instituted.
All yards must be kept clear of animal wastes at aU times. (See #3 above).
'No pet may "bestaked or chained on the common area trees -or bushes,
Pets shall be controlled so as not to create a nuisance anywhere within the
Plum Tree Association. Further, no animal shall be allowed to damage any
common property or the property of another resident. A pet owner is
responsible for the actions of their pets or of any pet{s) residing in or visiting
a home, and the costs of repairing any damage caused by a pet shall be
assessed to the homeowner responsible.
Vicious animals are prohibited.
Homeowners in violation of auy of the above regulations will be fmed
according to the violation/fine policy instituted.
Section F.
Parking
1. Only properly licensed vehicles meeting the following criteria shall be allowed
to park on Association property.
2. Vehicles permitted on association property are passenger vehicles or vehicles
with "B" license plates. Additional vehicles permitted to park on Association
property are vans with a "B", "RV" or passenger plates as well as
motorcycles.
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6. 3~ Vehicle repairs are to be performed inside the homeowner's garage. However
it is permissible to wash/wax a car/vehicle In the driveway. No commercial
activity shall be conducted within any garage.
4. Commercial vehicles shall not be allowed to park in common/guest area
parking spaces overnight
5. Ineperative vehicles may not be stored on the driveways or any other
property of the homeowner. Inoperative vehicles must be stored in the
homeowner's garage if desired. Inoperative vehicles include those which are
non-motorized, vehicles with flat tires or missing tires or wheels, vehicles on
blocks, jacks or ramps, vehicles in a state of disrepair or disassembly, which
are obviously inoperable. Again these vehicles MUST BE stored in the
homeowner's/tenant's
garage.
6. The only vehicles allowed to be parked in the common/guest parking areas
are passenger automobiles and up to 1 ton trucks or vans. Boats, trailers,
campers and RV's are not allowed to be parked on any common/guest
parking area property. Abandoned* vehicles are not permitted to be parked
in common/guest area parking. (*Abandoned vehicles are those vehicles
which are in a state of disrepair rendering them incapable of being driven in
their present condition, or vehicles which have not been moved or used for
seven (1) consecutive days or more, or vehicles that do not have a current,
valid vehicle license plate and municipal sticker, if required, or vehicles as
such that the acts of the vehicle owner and the condition of the vehicle clearly
indicate that it has been abandoned.)
7. Boats, trailers, campers and RV's may be parked on an owner's driveway for
a period not to exceed 14 days.
8. Vehicles parked In the common/guest parking areas must-be-ta daily
continual use and moved and/or relocated on a daily basis.
9. At no time can a vehicle be covered with a protective type tarp in a
common/guest parking area. Vehicles with tarps must be parked/stored in the
owner's garage.
10. Vehicles with any type of leak (gas, oil, anti-freeze, or other fluids) are not
allowed on common/guest parking areas or in driveways. Homeowners must
clean up any leaks left by either themselves or their guests immediately, and
any damage repairs will be assessed to the-homeowner. This is an
environmental concern.
11. Parking is prohibited on any city street between the hours of 2:00 a.m. and
6:00 a.m. Special consideration may be received by calling the Rolling
Meadows Police Department non-emergency number: 847-255-2416.
Section G.
Nuisances
1. Owners, residents, and their guests are discouraged from engaging in
activities which create unreasonable noise levels, property damage, or that
cause a nuisance or unreasonable disturbance to other residents. This
includes the hours between 11 p.m. and 7 a.m. It refers to noise from musical
instruments, radios, televisions, amplifiers, lawn mowers, and car horns.
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7. 2. According to Rolling Meadows municipal code 106-666, no horn or other
warning device shall emit an unreasonably loud or harsh sound or whistle.
The driver of a motor vehicle shall, when reasonably necessary to ensure safe
operation, give audible warning with his horn but shall not otherwise use such
horn when .upona street.or .highway.
3. It is unlawful to own or keep any animal or fowl, which by causing frequent
or loud noise shall disturb the comfort or repose of persons in the vicinity.
(Rolling Meadows Code 1967, par 4-4).
4. Speeding, car racing, driving motorized vehicles on sidewalks, other than
equipment for the disabled, or creating any other hazard to others is strictly
prohibited. The speed limit currently posted within the boundaries of the
Plum Tree Homes Association development is 20 miles per hour unless
otherwise posted.
Section H.
Leasing Restrictions
1. The Board shall provide the Owner a lease rider, which shall be added to the
lease and shall be signed by all parties executing the lease. Thereafter, the
homeowner shall deliver a copy of the signed lease rider to the Board or
Property Manager within ten (10) days after it is executed or prior to
occupancy, whichever occurs first.
2. All-homeowners who intend to .lease shall notify the Plum Tree Board of
Directors or the Property Manager of all current occupants of the residence,
including children. This notification should not only include the names of
each occupant, but the phone number of the residence, the number of
vehicles used by the occupants, and the number and type of any pets.
3. All leases must be in writing and for a period of not less than sixty (60) days
and must not be used for transient or hotel purposes. All leases must be in
conformance with, and make specific reference to the governing documents
of the Plum Tree Humes A-ssociation. The homeowner is ultimately
responsible for the tenants to abide by all provisions and restrictions imposed
by the Plum Tree governing documents, whether that homeowner resides in
the residence or not. If a tenant violates the documents or these rules and
regulations, the homeowner shall also be held responsible.
4. All tenants must be given a copy of the governing documents and all Rules
and Regulations that have been adopted by the Plum Tree Homes
Association Board of Directors. Tenants should be informed that this
information is being provided to them because they are a part of the
Association by virtue of their residency and are obligated to obey the
provisions of these documents. The responsibility and cost to provide the
above shall be borne by the homeowner. All tenants must sign a lease rider
acknowledging receipt of copies of all the governing documents.
5. Notwithstanding the foregoing, the homeowner is obligated to pay all of the
Association fees, including but not limited to special assessments, increases in
taxes, move inlout charges, maintenance costs, attorneys' fees, costs, or any
other special fees or charges imposed by the Association.
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8. 6. Non-Compliance. The Board reserves the right to prohibit a tenant from
occupying a residence until tbehomeowner complies with -aD-leasing
requirements. The Board also reserves the right to initiate legal proceedings
against the tenant and/or homeowner for breach of any of the Association's
governing document provisions.
7. Any violations of the Declaration, By-Laws, or these Rules and Regulations
may result in a flat or dailv rme, or in more serious situations, eviction
proceedings. All fines, costs, and legal fees will be charged to the homeowner.
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9. Plum Tree Homes Association ViolationlFine Policy
The Association violation/fine policy is as follows:
First Offense - This is considered a first (1 st) violation. The homeowner will receive a
written warning letter. Corrective action must be taken within fourteen (14) days from the
date of the letter to avoid further violation. No violation fines will be assessed. The
homeowner has a right to contest the violation in writing with a letter to the Property
Manager and to request an appearance at the next scheduled meeting of the Board of
Directors. A special meeting may be held.
Second Offense of the same violation - This is considered a second (2nd) violation.
After an opportunity for a hearing, the homeowner will receive a violation fine in the
amount of fifty dollars ($50) assessed to their account. This fine must be paid within
thirty (30) days from the date assessed. Additionally, a second (2nd) violation letter will
be sent to the homeowner. Corrective action of the violation must be taken within
fourteen (14) days from the date of the 2nd violation letter to avoid further violation.
Third Offense of the same violation - This is considered a third (3rd) violation.
After an opportunity for a hearing, the homeowner will receive a violation fine in the
amount of seventy-five dollars ($75) assessed to their account. This fine must be paid
within thirty (30) days from the date assessed. Additionally, a third (3rd) violation letter
will be sent to the homeowner. Corrective action ofthe violation must be taken within
fourteen (14) days from the date of the 3rd violation letter to avoid further violation.
Fourth Offense of the same violation - This is considered a fourth (4th) violation.
After an opportunity for a hearing, the homeowner will receive a violation fine in the
amount of one hundred dollars ($100) assessed to their account. This fine must be paid
within thirty (30) days from the date assessed. Additionally, a fourth (4th) violation letter
will be sent to the homeowner. Corrective action of the violation must be taken within
fourteen (14) days from the date of the 4th violation letter to avoid further violation.
All Further Offenses of the same violation will be considered repeated violations.
After an opportunity for a hearing, the homeowner will receive a violation fine in the
amount of two hundred dollars($200) per occurrence assessed every subsequent fourteen
(14) days to their account. All fines must be paid within thirty (30) days from the date of
the most recent violation letter.
Parking Violations - After fourteen (14) consecutive days of non-use, a vehicle
parked in the common/guest area parking spaces will be considered abandoned. A
warning sticker will be placed on the windshield of the vehicle and the Property Manager
will perform all attempts to locate the owner of the vehicle. Abandoned vehicles (See
Section F. # 5. for definition) and vehicles which have not been moved or used for more
than fourteen (14) consecutive days will be considered abandoned and subject to towing.
Towing fees differ from the Plum Tree Homes Association ViolationlFine Policy and are

10. charged by the Towing Company. Fees must be paid directly to the Towing Company in
order to retrieve a vehicle.
* ALL
VEHICLES ARE TOWED AT THE OWNER'S EXPENSE.
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11. PLUM TREE HOMES ASSOCIATION
VIOLATION REPORT
PLEASE NOTE: A Violation Report must be completely filled out or the complaint will
not be considered valid by the Board. After the report has been filed, you may remain
anonymous if you so choose. However, in some instances, you may be asked to testify at
a violation hearing in order for the Board to make a determination of the violation. You
will then be asked to appear at the next regularly scheduled Board meeting on
_______
at
pm. If you refuse and the violation cannot then be
verified by either a Board Member(s) and/or the Property Manager, the alleged violation
will be dropped. If proceedings move forward, after hearing this case, the Board will
determine if a violation occurred and if a fine should be levied.
Alleged Offender's Name:
Address:
Violation Location:
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Date of Violation: ______________
Approx. time:
VIOLATION(S):
(Please attach another sheet if necessary)
Report submitted by:
_
Phone(s):
_
Address:
Signature(s):
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_