Note: The “Covenants” posted on these pages have been reformatted slightly to make the suitable for Internet posting. Although it is believed that the content is accurate, in any situation where there is discrepancy between this posted document and the official covenants filed with DuPage County, the legally filed document will take precedence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION
ARTICLE XI: ASSESSMENTS
11.1 Creation of the Lien and Personal obligation for Assessments: Each Owner agrees to pay to the Association (a) annual assessments or charges, and (b) special assessments for capital improvements or other expenses approved by the Members in accordance herewith. The annual and special assessments shall be assessed, levied and collected from time to time as hereinafter provided, and together with late charges and interest thereon and costs of collection, if applicable, shall be a charge against and a continuing lien upon the Lot against which such assessment is made and levied. Each such assessment, together with such late charges and interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of each Owner of such Lot.
11.2 Purpose of Assessments: The assessments levied by the Association shall be used exclusively for Common Expenses and for promoting the recreation, health, safety and welfare of the Members and for the purposes of the Association set forth in this Amended Declaration.
11.3 Basis of Annual Assessments: The maximum annual assessment shall be determined by vote of the Voting Members who are in good standing, as provided in paragraph 11.4, and shall remain at the amount so determined until changed by a subsequent vote of the Owners conducted in accordance with this Article XI..
11.4 Maximum Amount of the Annual Assessments: The Members of the Association shall from time to time determine the maximum amount of the annual assessments to which the Lots shall be subject. The maximum amount of the assessment to which the Lots shall be subject shall have the assent of two-thirds of the Voting Members who are in good standing voting in person or by proxy at a meeting duly called for this purpose at which a quorum described in paragraph 11.6 is present. Written notice stating the purpose of the meeting shall be given to all Members in accordance with paragraph 5.3.
11.5 Special Assessments: In addition to the annual assessments authorized by this Article XI, the Association may levy in any assessment year a special assessment applicable to such years -as determined for any purpose which benefits the Association, including, but not limited to, defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds of the Voting Members who are in good standing voting in person or by proxy at a meeting duly called for this purpose at which a quorum described in paragraph 11.6 is present. Written notice stating the purpose of the meeting shall be given to all Members in accordance with paragraph 5.3.
11.6 Quorum for any Action Authorized under Paragraphs 4.2, 4.4, 11.4, 11.5 and Article XIII: The quorum required for any action authorized by Paragraphs 4.2 , 4.4 , 11. 4 , 11.5 and Article XIII hereof shall be the presence at the meeting of Members, or their proxies, entitled to cast sixty percent (60%) of all of the votes of the Members at the first meeting called. If the required quorum is not forthcoming at such meeting, another meeting may be called, subject to the notice requirement set forth in Paragraph 5.3 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
11.7 Date of Commencement and Due Dates of Annual Assessments:
a) Annual assessments shall be for the calendar year and shall become due and payable on the first day of January of said year. The Board of Directors may authorize the assessment to be payable in more than one installment.
b) The due date of any special assessment shall be fixed in the resolution authorizing such assessment.
11.8 Duties of the Board of Directors: The Board of Directors of the Association shall at a meeting of the Board held after giving notice to the Members in accordance with paragraph 5.3 fix the amount of the assessment against each Lot for each assessment period within the amount approved by the Members and shall, at that time, prepare a roster of the Subject Properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every Owner at least thirty (30) days in advance of the date on which the assessment, or the first installment thereof, as the case may be, is due.
11.9 Effect of Non-Payment of Assessment:
(a) If the assessment for any Lot is not paid on the date or dates established by the Board of Directors as being the date or dates upon which payment of the assessments is due, then such assessment shall be delinquent. It shall be the duty of the Association to bring suit to enforce such lien before the expiration hereof.
(b) If the assessment is not paid within thirty (30) days after the date on which the assessment is due, the assessment shall bear interest from the date the assessment was due until the date on which it is paid at the rate of one and one-half percent (1-1/2%) per month or the maximum rate of interest per annum permitted by the usury laws of the State of Illinois, whichever rate shall be lower.
(c) In addition to the foregoing, the Association may levy a late charge equal to twenty five dollars for each month or portion of a month after the due date in which the assessment is not paid to reimburse the Association for its increased handling of the account.
(d) The Owner of the Lot whose one or more assessments are not paid on the date due shall bear the Association’s costs of collection, including by way of example and not of limitation, the Association’s attorneys’ fees, court costs, and witness fees.
11.10 Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon any Lot; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the sale of such property pursuant to a decree of foreclosure of any such mortgage. Such sale shall not relieve such Lot from liability for any assessments thereafter becoming due or from the lien of any such subsequent assessment.
11.11 Exempt Property: The following property subject to this Amended Declaration shall be exempted from the assessments, charge and lien created herein: a. All properties dedicated and accepted by the local public authority and devoted to public use; and
b. All Common Areas;
11.12 Uniform Rate of Assessment: Annual and special assessments shall be fixed at a uniform rate for all Lots