BYLAWS OF TRAILS AT CHESTNUT GROVE HOMEOWNERS ASSOCIATION
The administration of the Trails at Chestnut Grove Homeowners Association ("Association"), an incorporated association, shall be governed by the following bylaws.
ARTICLE I - Purpose of Association
The purposes of the Association are: Enforcement of the covenants and restrictions and administration, maintenance, and operation of property owned by the homeowners association in accordance with the terms and provisions of the Covenants and Restrictions recorded in the Recorder’s Office of Champaign County, Illinois as document number 2005 R 17405 for phase 1, document number 2005 R 32866 for phase 2 and document number 2007 R 09610 for phase 3, all as may be amended from time to time (collectively, “Covenants”).
ARTICLE II - Membership
Section 1: Qualification. Every person or entity who is a record owner of a lot in the Trails at Chestnut Grove Subdivision (“the Subdivision”) or who is the beneficiary of a land trust holding title to a lot in the Subdivision shall be a member of the Trails at Chestnut Grove Homeowners Association. Ownership of a lot shall be the sole qualification for membership. If more than one person or entity is the record owner of or a beneficiary of a land trust holding title to a lot in Trails at Chestnut Grove Subdivision, all such persons or entities shall be members, however only one member per lot shall be entitled to vote.
Section 2: Members. A member shall have no vested right, interest, or privilege in or to the assets, functions, or affairs of the Association, or any right, interest, or privilege which may be transferable or inheritable, or which shall continue after the membership ceases. Each member of the Association shall be bound by and shall observe the terms and provisions of the Covenants, these Bylaws and the rules and regulations promulgated from time to time by the Association or its board. No member shall have the right or power to disclaim, terminate, or withdraw from membership in the Association or from any obligations as such a member by abandonment of his or her residence or for any other reason.
Section 3: Voting Rights. All elections to the board shall be made by written ballot which shall set forth the vacancies to be filled and the names of the candidates standing for election. Each ballot shall contain space for write-in candidate(s). Such ballot shall be provided to the members at least ten (10) but not more than thirty (30) days in advance of the date set for the meeting. The owners of each lot shall have one vote and may cast one vote at the annual or special meetings on voting matters other than electing board members. For the purpose of electing board members, the owners of each lot shall have one vote for each vacant board position and cumulative voting shall not be permitted. The board may designate a record date by which a member must be an owner of record of a lot in order to be entitled to vote at a given meeting, such date to be not more than sixty (60) nor less than ten (10) days prior to the meeting. A member may vote by written proxy or by submitting an association-issued ballot in advance of the meeting to an officer of the board or by submitting same in person at the meeting. All proxies must bear the date of execution and will be invalid eleven (11) months from the date of execution unless a shorter validity period is specified in the proxy. If more than one member is the record owner or beneficiary of a title-holding land trust of a lot in the Subdivision, then those members shall designate one and only one member who shall be entitled to vote for any given matter, provided however that if only one of the multiple owners is present at a meeting of the membership, he or she shall be entitled to cast the member vote associated with that lot, regardless of any decision the multiple owners as a group may have made. In no event shall more than one vote be cast with respect to any one lot.
Section 4: Suspension of Voting Rights. Voting rights shall be suspended for any member during any period when the member is not in good standing and when the Association has mailed a certified letter to the member to notify them of this fact. A member is not in good standing (a) when an assessment levied by the Association against the member's lot remains unpaid thirty days after the due date; (b) upon the member's violation of the Covenants or (c) upon the member's violation of any part of these Bylaws. Any voting rights so suspended shall remain suspended until the unpaid assessments are paid in full or until the violation of the Covenants and/or these Bylaws are cured.
ARTICLE III - Meetings of Members
Section 1: Annual Meeting. There shall be an annual meeting of the members of the Association on such date and at such time and place as may be designated, on an evening during November or December of each year, for the election of board members, the opportunity for member comment on the board’s proposed annual budget for the fiscal year that is about to begin and such other business as noticed for the meeting. Notice of each annual meeting, including the agenda and proposed budget, stating the date, time, and place of the meeting shall be given to all members no less than ten (10) and no more than thirty (30) days prior to the meeting by electronic or regular mail or hand delivery. Attendance at the meeting shall constitute waiver of notice of the meeting.
Section 2: Special Meetings. Special meetings of the members may be called by the President, a majority of the board, or not less than ten percent (10%) of the members having voting rights for the purpose or purposes stated in the call of the meeting. The board shall convene a meeting requested by ten percent (10%) of the voting members no later than thirty (30) days after the request was received. Notice of each special meeting, stating the date, time, place, and the purpose or purposes thereof shall be delivered to the last known address or email of all members at least ten (10) but not more than thirty (30) days prior to the meeting. Attendance at a special meeting shall constitute waiver of notice of the meeting.
Section 3: Quorum. Votes representing fifteen percent (15%) or more of the total lots in the Subdivision shall constitute a quorum for the transaction of business other than amending these Bylaws, approving improvements over limits specified herein, or increasing or levying assessments as specified herein. For the purposes of a member meeting to vote on amending these bylaws, approving improvements over limits specified herein, or increasing or levying assessments as specified herein, votes representing twenty percent (20%) of the total lots in the Subdivision shall constitute a quorum.
Section 4: A majority affirmative vote of a quorum shall prevail for all matters with the exception of amending these Bylaws, approving improvements over limits specified herein, or increasing or levying assessments as specified herein, in which case a seventy-five percent (75%) majority of a quorum is required.
ARTICLE IV - Board of Managers
Section 1: Number, Tenure, Qualifications and Compensation. The number of board members shall be seven (7) and they shall be elected for a term of two (2) years but terms will be staggered. If there are multiple owners of a single residence, only one of the multiple owners shall be eligible to serve as a member of the board at any one time. Elected board members must be voting members of the Association, in good standing, and have, as their primary residence, a home within the Subdivision. Members of the board shall serve without compensation. However, they may be reimbursed for their reasonable expenses in fulfilling their duties if such expenses are approved by the board.
Section 2: Resignation and Removal of Board Members. A board member may resign at any time upon notice to the board. No board member may be removed except as follows:
two-thirds (2/3rds) of the membership may remove a board member at a duly called special meeting. No board member shall be removed at a meeting of members entitled to vote unless the written notice of such meeting is provided to all members. Such notice shall state that a purpose of the meeting is to vote upon the removal of one or more board members named in the notice. Only the named board member(s) may be removed at such a meeting.
Section 3: Vacancies. Any vacancy occurring on the board shall be filled by a two-thirds (2/3rds) vote of the remaining members of the board until the next annual meeting of the membership or until members holding twenty percent (20%) of the votes of the Association request a meeting of the members to fill the vacancy for the balance of the term.
ARTICLE V - Powers and Duties of the Board
Section 1: General Powers and Duties. The board shall have such general powers and duties as granted to it under applicable law, the Covenants and these Bylaws including, but not limited to, the following:
A. To provide for care and upkeep of the commons and pond commons.
B. To levy and collect the annual assessment, any special assessments and fines from the members.
C. To designate and dismiss contractors necessary for the accomplishment of the management of the Association.
D. To keep detailed, accurate and complete records and maintain such records for the periods required by applicable law.
E. To make available in response to a proper request those records that are required to be made available to members and to charge a reasonable fee for the cost of retrieving and copying records.
F. To provide for architectural control of the lots and commons properties in the Subdivision consistent with the Covenants and to enforce any and all Covenants applicable to the Subdivision.
G. To adopt, amend and enforce rules and regulations.
H. To enter into and enforce contracts to carry out the business of the Association.
I. To levy reasonable fines for violations of the Covenants and Restrictions, Bylaws, and rules of the Association after notice and opportunity to be heard, in accordance with procedures to be established by the board. Unpaid fines as well as any other amounts owed to the Association by any member shall be subject to the Association’s Collection Policy attached hereto and incorporated herein by reference as Schedule V.I.
J. The board may, by motion adopted by a majority of the board, designate one or more committees, each of which will consist of one or more board members and such other members of the Association as the board designates. The standing committees for the Association shall be architectural, landscape, covenants and restrictions, communications, and social.
K. To secure and maintain general liability, fidelity, officers liability and such other insurance as may be, in the opinion of the board, necessary or advisable.
L. Disclaimer. Nothing herein shall be construed to impose any duty upon the board, Association, or members thereof, collectively or individually, to provide supervision, life-safety protection or life guard service over the ponds or other common areas of the Subdivision, storm water collection pipes or sewers present in the Subdivision. The board, acting in their representative capacity, shall have no duty to any member of the Association, their family members, guests or any person for surveillance of the Subdivision or any activity or condition conducted, or located therein. These duties are not intended to make said board, the Association or any member thereof an insurer or guarantor of the safety of the person or property of any member, guest or other person in or upon the grounds or property of the Subdivision. Further, nothing herein shall impose any duty upon the board to provide care, upkeep, or maintenance upon any real property or improvement upon real property owned by any member of the Association. The board, Association, and members shall not be liable or responsible for the destruction or the loss of or damage to the property of any member, guest of any member, visitor or other person.
Section 2: Financial Powers and Duties of the Board.
A. Establish reasonable reserves for repair, replacement and contingencies and disclose same to members as part of the annual budget. Such disclosure shall include any planned or anticipated expense to the reserves for the upcoming year.
B. Provide each member at least thirty (30) days but not more than sixty (60) days prior to the adoption thereof by the board, a copy of the proposed annual budget together with an indication of which portions are intended for improvements, repair and replacement and reserves for repair and replacement. Said proposed annual budget shall include the amount of the annual assessment. If the board proposes to make an improvement that exceeds ten percent (10%) of the prior year’s total regular annual assessment (excluding special assessments) or multiple improvements that exceed fifteen percent (15%) of the prior year’s total regular annual assessment (excluding special assessments), member approval of seventy-five percent (75%) of a quorum of twenty percent (20%) is required. A majority of the board may adjust line items or amounts of line items in the adopted budget at a duly convened board meeting; however, the board is not authorized to increase the total amount of the adopted budget.
C. Expenses for additions and alterations to the common areas or to Association owned property not included in the approved and adopted annual budget shall be separately assessed.
D. Within forty-five (45) days after the close of each fiscal year the board shall provide all members with a reasonably detailed summary of all receipts and expenses as well as expenses to the reserve fund for the preceding budget year.
E. The board shall cause an internal audit of the Association’s financial records to be conducted within the first quarter following the close of the fiscal year. Such audit will be conducted by a committee of one (1) board member and one (1) member of the Association. The committee shall issue a report to the board by April 30th.
F. The board shall make available for review by members an itemized accounting of the expenses for the preceding year actually incurred or paid, together with an indication of which portions were for reserves, improvements or maintenance and repairs and with a tabulation of the amounts collected pursuant to the assessment, and showing the net excess or deficit of income over expenditures plus reserves.
G. In lieu of an internal audit and an itemized accounting described above, the board may provide members with a consolidated annual independent audit report of all income and expense and the financial status of all fund accounts with the Association.
H If total Association expenses exceed the total amount of the approved and adopted budget, the Association shall disclose this variance to all its members and will identify the subsequent assessment needed to offset this variance in future budgets.
I. Separate assessments for expenditures relating to emergencies or mandated by law may be adopted by the board without being subject to the member approval provisions contained herein. As used herein, “emergency” means a danger to or a compromise of the structural integrity of the common areas or any of the common facilities of the Subdivision and storm water drains as described herein. “Emergency” also includes a danger to the life, health or safety of the membership.
J. All vouchers or bills for the payment of money not attributable to a contract or agreement voted on and approved by the board, real estate taxes or utility fees shall bear the signature of the Treasurer and one other officer of the Association before any payment is made from Association funds. All such paid bills will be retained for a period of two (2) years.
K. The Board may accept or reject on behalf of the Association any contributions, gifts, bequests, or devise for general purposes or for any specific purpose of the Association.
ARTICLE VI - Meetings of the Board
Section 1: Regular Meetings. The board shall meet for the transaction of business at such place and on such days as may be designated from time to time. A minimum of four (4) meetings shall be held each calendar year.
Section 2: Special Meetings. Special Meetings of the board may be called by the President or by twenty-five percent (25%) of the board.
Section 3: All meetings of the board shall be open to any member, except for the portion of any meeting held:
A. to discuss litigation when an action against or on behalf of the Association has been filed and is pending in a court or administrative tribunal, or when the Association finds that such an action is probable or imminent.
B. to consider third party contracts or information regarding appointment, employment or dismissal of an employee; or
C. to discuss violations of rules and regulations of the Association or an owner’s unpaid share of common expenses.
Any vote on these matters shall be taken at a meeting or portion thereof open to any member.
Section 4: Addressing the Board. Any member of the Association shall have the right to address the board. However, the meeting chairman has the right to limit each person to five (5) minutes of presentation. If there are multiple members who wish to express the same viewpoint to the board, the chairman reserves the right to ask those members to appoint a spokesperson and limit that point of view to an established limit of time. Those expressing opposing points of view shall be entitled to equal time.
Section 5: Notice.
A. Notice to members of the board of any regular or special meeting of the board shall be given at least forty-eight (48) hours prior thereto either by electronic or regular mail or hand delivery to each board member at his or her address as shown by the records of the Association. The attendance of a board member at any meeting shall constitute a waiver of notice of such meeting, except where a board member attends for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
B. Except to the extent otherwise provided by these Bylaws, notice to members of regular and special meetings of the board shall be given at least forty-eight (48) hours prior thereto either by electronic or regular mail or hand delivery to each member at his or her address as shown by the records of the Association. Said notice shall include an agenda that contains all items to be voted on by the board at that meeting.
C. Notice to members of any board meeting concerning the adoption of (i) the proposed annual budget, (ii) the regular assessment, or (iii) a separate or special assessment shall be given at least thirty (30) but not more than sixty (60) days prior to the meeting and must include the proposed annual budget, the regular assessment, and, if applicable, any separate or special assessment.
Section 6: Quorum. The members of the board shall act only as a board, and the individual members shall have no power as such. A majority of the members of the board shall constitute a quorum for the transaction of business, except that a majority of those present at the time and place of any regular or special meeting although less than a quorum, may adjourn the same from time to time without notice until a quorum is present. The act of a majority of the members of the board present at any meeting at which there is a quorum shall be the act of the board, except as may be otherwise provided by law.
Section 7: Failure to Attend. In the event any member of the board shall be absent from three (3) consecutive meetings, the board may, by action taken at the meeting during which said third absence occurs, declare the office of said absent board member to be vacant.
Section 8: Order of Business. The board may from time to time determine the order of business at its meetings.
Section 9: Chairman. At all meetings of the board, the President, or in the President's absence, the Vice President, or in absence of both, a chairman chosen by the board members present, shall preside.
Section 10: Presumption of Assent. A member of the board who is present at a meeting of the board at which action on any Association matter is taken shall be presumed to have assented to the action taken unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file his or her written dissent to such action with the person acting as Secretary of the meeting before the adjournment thereof. Such rights to dissent shall not apply to a board member who voted in favor of such action.
ARTICLE VII - Officers
Section 1: Officers. The officers will be members of the board and shall include a President, Vice President, Secretary, and Treasurer.
Section 2: Election and Term. All officers shall be elected annually by a majority of the board and shall take office immediately after election. Vacancies may be filled at any meeting of the board.
Section 3: Removal. Any officer elected by the board may be removed by the board by a majority vote of the members of the board whenever, in its judgment, the best interests of the Association would be served thereby.
Section 4: The President. The President shall be the principal officer of the Association. Subject to the direction and control of the board, he or she shall see that the resolutions and directives of the board are carried into effect and, in general, he or she shall discharge all duties incident to the office of President and such other duties as may be prescribed by the board. He or she shall preside at meetings of the board and members.
Section 5: The Vice President. The Vice President shall have such power and perform such duties as may be assigned by the board. In case of the absence or disability of the President, the duties of that office shall be performed by the Vice President.
Section 6: The Secretary. The Secretary shall see that all notices are duly given in accordance with the provisions of these Bylaws and as required by law. Further, the Secretary shall keep and preserve the minutes of all proceedings, past and present, of the Board and the minutes of the annual and special meetings of the members, as well as ballots and other records as required by law. The Secretary shall in general perform all the duties incident to the office of Secretary, subject to the control of the board and shall also perform such other duties as may be assigned by the board.
Section 7: The Treasurer. The Treasurer shall have the custody of all the receipts, disbursements, funds and securities of the Association and shall perform all duties incident to the office of Treasurer, subject to the control of the board. Any check for an expenditure in the amount of $500 or above must be signed by the Treasurer and counter-signed by another officer. The Treasurer shall perform such other duties as may from time to time be assigned by the board. The Treasurer’s books shall stand for an audit on an annual basis and whenever requested by the board.
ARTICLE VIII - Annual and Special Assessments
Section 1: Creation of Assessments. The board of the Association shall have the right and power to subject the property situated in all phases of the Subdivision, except public streets and ways, to an annual assessment and to special assessments. In accordance with the Covenants, lake lots as defined in the Covenants shall be assessed at a full assessment and non-lake lots shall be assessed at two-thirds (2/3rds) of a full assessment. Each platted lot shall be subject to said assessment and any change in the plat or tax records shall not effect a change in the number of lots that are subject to said assessments. Hence, if a member has purchased one and a half lots or two lots, that member will be subject to one and a half or two times, respectively, the amount of the assessment for each year, notwithstanding that the lots may be combined to subsequently form one larger lot for plat, tax, or any other purpose. The failure or delay of the board to prepare or serve the annual or adjusted budget on the members shall not constitute a waiver or release in any manner of such members obligation to pay such assessment as provided herein and in the Covenants, whenever the same shall be determined.
Section 2: Annual Assessment. On or about April 1st, each owner of a lot in the Subdivision shall be assessed an annual assessment against each lot or lots for that year, and such annual assessment shall be used by the Association for the benefit of the Association. The assessment shall be payable to the Association on or before the due date specified in the assessment notice, which date will be a minimum of twenty-one (21) days from the date of the notice, and will be delinquent if not paid by that date. The annual assessments may be adjusted from year to year by the board of the Association as the needs of the Association, in its judgment, may require except that if any proposed budget or any proposed assessment would result in the regular annual assessment payable in the current fiscal year exceeding 115% of the regular assessment (excluding special assessments) payable during the preceding fiscal year, member approval of seventy-five percent (75%) of a quorum of twenty percent (20%) of members is required at a duly called and noticed meeting.
Section 3: Special Assessments. Special assessments for capital improvements may be levied by the board only when authorized by the members at an annual or special meeting at which a firm bid for any proposed capital improvement is provided for the members to review. Before the board may levy any special assessment, the members must approve by a minimum seventy-five percent (75%) affirmative vote of a quorum of at least twenty percent (20%) of all lots: (a) the particular capital improvement, (b) a bid to accomplish that improvement, and (c) the addition of up to 15% more than the bid to allow for the possibility of unexpected issues that may require additions to complete the bid-upon improvement. If so approved, the board may levy special assessments pursuant to this section upon notice to the members and such assessments shall be due and payable to the Association on or before the due date specified in the assessment notice, which date will be a minimum of twenty-one (21) days from the date of the notice and will be delinquent if not paid by that date.
Section 4: Non-payment of Assessments. If any regular annual or special assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with interest, fees and other charges thereon (pursuant to the Association’s Collection Policy attached hereto) and costs of collection including reasonable attorneys' fees as hereinafter provided, thereupon become a continuing lien on the property and an equitable charge running with the land touching and concerning it, which shall bind upon property in the hands of the then owner, his grantees, heirs, devisees, administrators, executors, legal representatives, assigns, and successors, and the limitation thereof shall coincide with the statutory limitation of the State of Illinois for an enforcement of written agreements. The personal obligation of the then owner to pay such assessment however, shall remain their personal obligation for the statutory period and shall not pass as a personal obligation to their successors in title unless assumed by them or required by applicable law. If title to a lot is held by an Illinois land trust, the Trustee shall not have any personal liability for the assessment, but all beneficiaries of the Trust shall be jointly and severally so liable. In the event title to a lot is held by more than one owner, all owners shall be jointly and severally liable. The lien shall attach to rents due from parties in possession to the record owners, provided that it shall be subordinate to an assignment of rents held by a mortgagee delivered in connection with the first mortgage loan to purchase the property. If the assessment is not paid on or before the due date, the assessment shall bear interest from the due date pursuant to the Association’s Collection Policy attached hereto and the Association may bring an action at law against the owner personally obligated to pay same or to foreclose the lien against the property and there shall be added to the amount of such assessment all the costs of preparing and filing the complaint and maintaining and concluding such action, including the costs of the title reports, and in the event a personal judgment or decree of foreclosure is obtained, such judgment decree shall include interest on the assessment as provided and a reasonable attorneys' fee to be fixed by the court together with all costs of the action. The venue for all legal actions shall be in Champaign County, Illinois. No owner may waive or otherwise escape liability for the assessments provided for herein for any reason. The lien of the assessments provided herein shall be subordinate to the lien of any valid, bona fide mortgage. The sale or transfer of any lot shall not affect the assessment lien. In the event that title to any lot is conveyed to a land trust, upon the demand of the Association, said trustee shall furnish the Association with a certified copy of the trust agreement and any amendments thereto, so that the Association shall be advised of the beneficiaries entitled to vote and who will be personally liable for the regular and special assessments.
Section 5: Creation of Lien and Personal Obligation for Assessments. The Association shall have a continuing lien on each lot in the Subdivision to secure the payment of annual or special assessments due and which become due, and the record owners of such lots shall be personally liable for all annual or special assessments. Upon reasonable demand, the Association shall furnish to any owner, their mortgagees and their duly authorized agents or attorneys a statement showing the amount of any unpaid assessment charges against any lot or lots.
Assessments may be used for the following:
A. For lighting, improving and maintaining the street islands, median areas, ponds and other common areas for the general use of the owners and occupants of land included in the Subdivision;
B. For doing any other things necessary or desirable, in the opinion of the board, to keep the commons areas, including the detention ponds, traffic circles, and medians neat and in good order and which in the opinion of the board may be of general benefit to the owners or occupants of the land included in the Subdivision. Any language in these Bylaws notwithstanding, the board is not authorized to make any expenditure unless and until a proposed budget is considered by the members and then adopted by the board at meetings for that purpose as provided herein. Further, the board is not authorized to make any expenditure that exceeds the total amount of the budget so approved, except as otherwise set forth in these Bylaws.
ARTICLE IX - Borrowing Funds
Section 1: Borrowing Funds, Pledging Association Assets. Upon approval of two-thirds (2/3rds) of the board, the board may pledge association assets and/or borrow funds exclusively for the purpose of emergency maintenance and repair of association property as recommended in writing by a professional in an appropriate field. As used herein, “emergency” means a danger to or a compromise of the structural integrity of the common areas of any of the common facilities of the Subdivision. “Emergency” also includes a danger to the life, health or safety of the membership.
ARTICLE X - Dispute Resolution
Claims or controversies between the Association and any individual member which arise out of or relate to the ownership and use of property in the Subdivision may be submitted to dispute resolution procedures as established by the board from time to time.
ARTICLE XI - Amendments
The provisions of these Bylaws may be changed, modified, or rescinded by an instrument in writing setting forth such change, modification, or rescission certified by the Secretary. Such change, modification, or rescission shall be approved at a meeting called for this purpose of all members entitled to vote. The presence in person or by written proxy at said meeting of at least twenty percent (20%) of the total lots shall constitute a quorum, and the affirmative vote of seventy-five percent (75%) of said quorum shall be required to approve said change, modification, or rescission. Any such approved change, modification or rescission will be effective upon the date and time of recording with Champaign County.
ARTICLE XII - Fiscal Year
The fiscal year of the Association shall begin on the 1st day of January and shall terminate on the 31st day of December of each year.
ARTICLE XIII - Validity and Consistency of Documents
Section 1: If any Bylaw or part thereof shall be adjudged invalid, the same shall not affect the validity of any other Bylaw or part thereof.
Section 2: In the case of any conflict between the Covenants and these Bylaws, the Covenants control.
IN WITNESS WHEREOF, these Bylaws were approved by a majority of the board of the Association at a duly convened meeting held on August 4, 2016 and approved by a seventy-five percent (75%) affirmative vote of a quorum of a minimum of twenty percent (20%) of members at a duly convened meeting held on September 14, 2016.
SIGNED:
___________________________
Samuel McGrew, President
Trails at Chestnut Grove Homeowners Association
____________________________
Dawn Qyattrone, Secretary
Trails at Chestnut Grove Homeowners Association
* Approved by Board of Managers August 4, 2016
** Recorded and stamped in Champaign County as follows:
BAR CODE
8188410
Tx: 4074659
2016R18082
REC ON: 09/15/2016 3:43:38 PM
CHAMPAIGN COUNTY
BARBARA A. FRASCA, RECORDER
REC FEE: 60.00
RHSPS FEE: 9.00
PAGES 15
PLAT ACT: 0PLAT PAGE:
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Collection Policy of Trails at Chestnut Grove HOA
The Board of the Association has the obligation to oversee the collection of all Association regular and special assessments and fines for violations of the covenants, bylaws or rules in a timely manner. The following policies and procedures regarding collection are hereby made a part of the Trails at Chestnut Grove Homeowners Association Bylaws. All collection costs incurred are charged to the account of the delinquent member/owner.
Regular Assessment Due Date
Regular annual assessments will be applied on or about April 1st of every year to owners of each lot in the Trails at Chestnut Grove Subdivision. The assessment charge shall be payable to the Trails at Chestnut Grove Homeowners Association at the address and by the due date specified in the assessment notice (minimum twenty-one (21) days after date of assessment notice) and will be delinquent when not paid by said due date.
Special Assessment Due Date
Special assessments will be due on the date specified by the Board in the notice imposing the special assessment. (Minimum twenty-one (21) days after special assessment imposed.) Special assessments payable in installments which are delinquent more than thirty (30) days will be accelerated and the entire unpaid balance will be due and payable immediately.
Fine Due Dates
Fines for violations of the covenants, bylaws or rules of the Association will be due on the date specified by the Board in the notice imposing the fine. (Minimum twenty-one (21) days after date of notice of fine being imposed.) Fines are subject to all fees, interest and conditions contained herein.
Recorded Owner and Billing Details
It is the owner’s responsibility to provide written notice of any changes in the billing address, and/or change(s) in the title of the lot(s) to the Association. The Association holds an ongoing lien against the property in accordance with Association bylaws. Any sale of property within the Subdivision will require a written statement by the Association stating that the account is current or the amount that is still due. The title will not be cleared for transfer until the account with the Association is brought current.
Payment Receipts
Owners can request a receipt from the Association which shall indicate the date of payment. Any request for a receipt of payment must be submitted directly to the Association’s business address.
Returned Bank Items
All returned bank items will be subject to a $25.00 Returned Bank Item Fee and any further charges imposed upon the Association due to the returned item.
Interest
Interest shall be imposed on all sums due, including assessments, fines, collection costs, fees and previous interest impositions at a monthly rate of 1.5%, which is equivalent to an Annual Percentage Rate of 18%.
45 Days Past Due
A reminder notice will be mailed and any relevant fee for processing the reminder will be applied to the account..
90 Days Past Due
A reminder notice will be mailed and any relevant fee for processing the reminder will be applied to the account.
180 Days Past Due
Prior to the recording of a lien against a delinquent account, owners will be sent a “Pre-Lien” Notice. The Pre-Lien Notice will notify the owner of the Association’s intention to file a lien against the title to the property. The Pre-Lien Notice will include an offer by the Association to engage in informal dispute resolution upon receipt of a written request made by the owner within thirty (30) days of the Pre-Lien Notice. The Pre-Lien Notice will be sent via certified mail and regular mail to the recorded owners itemizing all amounts due, along with a copy of this Collection Policy.
A Pre-Lien Notice fee of $75.00 will be assessed on the account when the account becomes one hundred eighty (180) days past due.
225 Days Past Due
When the account becomes two hundred twenty-five (225) days past due, the Association may record a lien upon the owner’s property. Prior to the recording of a lien, the Board of the Association will approve the recording of the lien in open session at a regular or special board meeting. Upon approval, a lien will be recorded with the County of Champaign. A lien filing fee of $125.00 will be assessed on the account.
Dispute and/or Payment Plan
Owners have the right to request a meeting with the Board if they dispute the debt set forth in their statement. To do this, an owner must submit to the Board a written explanation of the reasons for the dispute. The written explanation shall be mailed to the business address of the Association. The Board will respond within twenty-one (21) days of the postmark of the written explanation.
An owner also has the right to submit a written request to meet with the Board to discuss a payment plan for the debt set forth in the statement. The Board will meet with an owner in executive (private) session within forty-five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days of the date of the postmark of the Pre-Lien Notice.
Payment Plan Policy
Requests by owners for payment plans to cure assessment and fine delinquencies will be considered by the Association on a case-by-case basis. There is no guarantee, either written or implied, that a payment plan will be granted. The Board of the Association has the sole discretion whether to approve a requested payment plan. The submission of a payment plan request to the Association does not delay collection proceedings, does not constitute a waiver by the Association of any default, and does not relieve the owner of the obligation to pay all assessments, fines, late charges, collection costs, and interest when due. The owner must submit the request in writing not later than fifteen (15) days after receipt of a Pre-Lien Notice. The owner should describe in the request any circumstances which the owner wishes the Association to consider. The owner should also attach to the proposed payment plan a check for the amount of the first payment as proposed in the payment plan. If the owner wishes to submit a payment plan request after the owner has been contacted by the Association’s attorney regarding the delinquent account, the request for a payment plan with all attachments should be remitted by the owner directly to the Association’s attorney.
Approved by Board of Managers August 4, 2016