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, XII: COMPLIANCE, BREACH OF COVENANTS, AND DEFAULT
12.1 Rights and Remedies of Association: Each Owner is bound by and shall comply with the terms of this Amended Declaration, the By-laws of the Association, the Rules and Regulations adopted pursuant hereto, and by all amendments to them. The failure of an Owner to comply with this Amended Declaration, the By-laws, or the Rules and Regulations of the Association or any authorized amendment thereto shall constitute a Default by such Owner. If a default occurs, the Association shall have the right to recover damages at law, to procure injunctive relief, to foreclose on its lien rights, if applicable, or to avail itself of any other rights or remedies permitted at law or in equity, including but not limited to, if applicable, serving notice and filing suit pursuant to the Forcible Entry and Detainer Act. If any Owner defaults in his, her or its Owner’s Maintenance Obligation, the Association is hereby granted all rights and powers necessary to perform such reasonable repairs, maintenance, rehabilitation or restoration as may in the Association’s opinion be reasonably necessary to correct such default. All costs and expenses incurred in the Performance of any such work shall be charged to the defaulting Owner, and shall constitute a lien against said Owner’s Lot. All expenses of the Association in connection with any actions or proceedings, including court costs, witness fees, attorneys’ fees and all other expenses of the proceeding, and all damages, liquidated or otherwise, together with interest thereon at the rate set forth in paragraph 11.9 until paid, shall be charged to and assessed against such defaulting Owner, and the Association shall have a lien for all of the same against such defaulting Owner’s Lot and all improvements thereon and upon all of his, her or its personal property located on such Lot or elsewhere on the Subject Properties. The rights and remedies of the Association shall be cumulative and may be enforceable concurrently in a single proceeding or in several proceedings.