Tullamore Homeowners Association Informational Meeting Regarding Bylaws and Declarations Tuesday, September 20, 2016 Mundelein Fire House

Please make sure you signed in so we have a record of who attended the meeting tonight. Please be sure you have a copy of all handouts: •Declarations document •Bylaws document

Purposes of the meeting: Provide information about declarations and bylaws of THOA Describe the cost of making documents compliant with state law

Bylaws An HOA, which is typically set up as a nonprofit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors (who are elected by the members) and a set of rules called bylaws. http://www.nolo.com/legal-encyclopedia/what-the-difference-between-association-bylaws-ccrs-hoas.html

Bylaws The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. For example, the bylaws cover matters such as: how often the HOA holds meetings how the meetings are conducted the duties of the various offices of the board of directors how many people are on the board, and Board membership voting rights. If you are thinking of purchasing a home in an HOA community (or already live in one), you should take the time to familiarize yourself with both the CC&Rs and the bylaws, so that you are aware of any neighborhood restrictions and you fully understand how the community operates.

Covenants, Conditions, and Restrictions (CC&Rs) Declarations aka Covenants, Conditions, and Restrictions (CC&Rs) The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a home in a planned community, for example, you automatically become a member of the HOA.

Covenants, Conditions, and Restrictions (CC&Rs) Declarations aka Covenants, Conditions, and Restrictions (CC&Rs) Basically, the CC&Rs are the rules of your neighborhood. They govern what you can, cannot, or must do with respect to your home. For example, the CC&Rs may require you to keep your garage door closed or prohibit certain types of landscaping. It is also typical for the CC&Rs to regulate things such as: basketball hoops Clothes lines Fences TV antennas/satellite dishes garbage cans (Learn more in Homeowners' Associations (HOAs) and CC&Rs: Know What You’re Getting Into.) If you don’t abide by the CC&Rs, the HOA may impose penalties for any violations. (Learn more about Covenants, Conditions & Restrictions in HOAs.)

SUMMARY Declarations – DECLARE rules for all homes in the Association Bylaws – BOARD rules for functioning

Architectural and Maintenance Guidelines Bylaws – “ARTICLE XIX” Architectural and Maintenance Guidelines Created in 1986 Board members – not named All items are currently addressed by Mundelein Village code

Village Code Reference Bylaws ARTICLE XIX: Architectural & Maintenance Guidelines Village Code Reference https://www.municode.com/library/il/mundelein/codes/code_of_ordinances Village Code Summary Parking and Storage Section 20.56.120 – Commercial vehicles in residential districts 1 commercial vehicle, w/w/o signage, up to “D” plate can be parked on private property. Boats & RV’s restricted to 72 hrs. Fences Section 20.52.040: G Various wooden styles allowed, Coated chain Link only allow along back lot line Out-buildings Section 20.52.040: A, S Village codes lists all requirements Decks & Additions Section 20.52.040 Village requires work to have a permit; permit requires HOA be contacted Swimming Pools Section 20.52.040: U Village code allows pools & Hot tubs Approval of Additions, Out-buildings, etc Trash & Yard Waste Section 6.21.080 Village Code ALLOWS side/rear yard outdoor storage HAM Radio Antennae & Satellite Dishes Section 20.52.040: B Section 20.52.040: R HAM Radio Antennae & Satellite Dishes ALLOWED per Village code restrictions

Perceived intention of Article XIX Make neighborhood rules more strict than Village Code Today, Village of Mundelein code addresses the concerns of the “Architectural and Maintenance Guidelines”

THOA Declarations - Article IV These are the only rules that legally regulate homeowners and that can be enforced by the THOA Board

Cost to modernize and have declarations be compliant with Illinois General Non For Profit Corporation Act of 1986 Item Cost Attorney Retainer – to begin work $3,500 – 5,000 Attorney Hourly Rate $220 – 330 per hour Mail (USPS) original documents to all homes in Association (186 homes) $200 – 1,000 Mail (USPS) revision documents to all homes in Association (repeat?) $200 – 1,000 • # of revision drafts Tally of responses Filing Fees with Lake County Office of Recorder of Deeds (per document) $250 Filing Fee with State of Illinois (per document) $150

Action Plan Steps Letter to neighbors regarding tonight’s meeting (delivered by block captains) Summary of meeting content Link to video recording of meeting Link to copies current bylaws & declarations documents Official ballot to determine if Board should update declarations document AND include “article XIX” OR update declarations AND adhere to village ordinance Neighbors have 30 days to complete & return ballot at specified location (TBD) Board members will tally ballot responses & post results on THOA web page