INTRODUCTION
The Lakes Shores Homeowners
Association is an Illinois not-for-profit corporation which was
officially chartered on June 30, 1970.
The Association is made up of
all owners of real property located in the Lake Shores Addition to
the City of Danville. At the time of formation, this included the
First and Second Additions as recorded in Plat Record 8, page 594
and Plat Record 9, page 231. All subsequent Lake Shores additions
are also automatically included by the Developer.
The purposes of the
Association as described in the “Declaration of Additional
Covenants and Restrictions” are-
To
promote the continued development of the residential community
including the acquisition of property or other common facilities
for the common benefit of its members, and
To
preserve the values and amenities in this subdivision, including
the maintenance of its common property or facilities.
This booklet is issued to all
members in an attempt to acquaint you with the Association and its
goals and to provide you with the highlights of its brief
history. Your directors would also like to encourage all members
to bring suggestions for its improvement to their attention.
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HISTORY
Although the subdivision is
several years old, the formal organization began in November 1969.
At that time, a meeting was held to see if there would be enough
interest among the residents to support such a group. Twenty-two
residents were present along with Art Fleming, developer of the
area, who discussed prior meetings of the homeowners. Discussion
at this meeting centered around membership, voting rights and
assessments, which had been major stumbling blocks in the past. A
committee of Messrs. DeWeese, Gallinat, Glavey, Lowenstein, and
Stauder was appointed to represent the homeowners at a work
session to be held November 24, 1969 with Mr. Fleming in an effort
to make new recommendations.
On December 10, 1969, the next
general meeting was held with 24 residents present. The committee
presented 4 major proposals concerning organization:
1.
There should be only 1 class of
voting membership.
2.
The Board of Directors should consist
of 5 members, 3 of whom must be “residents” of the subdivision.
3.
The maximum annual assessment should
be $25.00 per year.
4.
The “Declaration of Additional
Covenants and Restrictions” should be recorded and all property
described therein shall be subject to them.
All of the above
recommendations were approved by the homeowners present.
Mr. Fleming then presented a
proposal for re-zoning the eastern portion of the subdivision to
include multi-family units for that area and asked for the support
of the group. General agreement was reached that there be
maintained a ratio of 3 single- family units to each multi-family
dwelling unit. The present plot plan showed total estimated lots
to be 149, and 22 lots for multi-family structures. All of these
units would be located on a proposed street running parallel to
Route 1 – 12 lots on the east side and 10 on the west side. After
discussion it was agreed that the 2 lots facing Lake Shore Dr.
(adjacent to lots 28 & 29) should remain as single-family units –
leaving a total of 129 lots for single-family dwellings. Mr.
Fleming then presented a preliminary plan calling for the 8 lots
on the west side of the proposed street (now Shorewood Dr. North)
to be used for duplexes and the 12 on the east side for
multi-family units.
During April and May of 1970,
signatures were obtained from 47 of the 50 residents of Lake
Shores indicating a desire to formally organize. The proposed
Articles of Incorporation were approved by the State of Illinois,
and a Certificate of Incorporation was issued on June 30, 1970.
On July 2, 1970, this document and the “Declaration of Additional
Covenants and Restrictions” were recorded at the Vermilion County
offices. The formal organizational meeting was held August 13,
1970, with a total of 43 residents in attendance. The by-laws
were approved and the first Board of Directors was elected. All
expenses of organizing were paid by the Developer, except for time
donated by the committee and interested residents.
During the next few months,
several attempts were made to meet with representatives of the
Interstate Water Co. in order to obtain either an easement
covering the lake front property at the extreme west end of Lake
Shore Dr., or a lease on the property generally described as the
“Sportsmen’s Club” property. This would have included land
immediately west of the subdivision down to the lake front and
including the old boat launching area. Since no formal reply was
ever received from Interstate, the Board finally abandoned the
idea of a lease arrangement and began to formalize a program for
the development of out lot C that Mr. Fleming had donated to the
Association.
At the next regular annual
meeting held December 3, 1970, a recommendation from the Board of
Directors that they investigate the possible financing and
construction of a swimming pool was presented and discussed.
While a bare majority was in favor of pursuing the idea, the Board
followed up on it and presented a specific proposal at a special
meeting held May 19, 1971. They also offered an alternative plan
calling for the installation of an all-purpose court, playground
equipment and additional picnic facilities, as well as a dock or
marina facility. This was easily the most lively of all the
Association’s meetings and although both proposals were defeated,
the Board was instructed to proceed with the boat docks,
playground equipment, walkway down to the beach area and picnic
facilities – keeping in mind that the natural beauty of the
property should be maintained wherever possible. These
improvements would be made using the original $10,000 contributed
by the Developer and funds available from the annual dues, but no
capital assessments were to be considered. It is expected that
most these projects will be completed by the summer of 1972.
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DECLARATION OF ADDITIONAL COVENANTS AND RESTRICTIONS
(Recorded 7-2-70)
The following are
excerpts from the formal document, which can be reviewed
by making arrangements with the Secretary of the Association or at
the Vermilion County, Illinois Recorder’s Office. In many cases,
the exact wording is not used, as we are only attempting to show
basic content of the document. References to Article # or Section
# are the same as those appearing on the original document.
Article I – Definitions
(a)
“Association”-refers to the Lake Shores Homeowners
Association, Inc.
(b)
“Properties”-refers to existing properties (Art. II) and
additions thereto.
(c) “Common properties”- refers to those areas of land
intended to be devoted to the common use and enjoyment of
the owners of such properties.
(d)
“Lot”-shall mean any plot of land shown upon any recorded
subdivision map with the exception of common properties.
(e)
“Out lot”-shall mean any plot of land shown as such
recorded map of the subdivision.
(f)
“Dwelling unit”-shall mean any portion of a building
defined and intended for use and occupancy as a residence by a
single family.
(g)
“Multi-family structure”-shall mean any building containing
two or more dwelling units under one roof except when each such
dwelling unit is situated upon on its own individual lot.
(h)
“Owner”-shall mean the record title owner, whether one or
more persons, of the fee simple title to any lot or dwelling unit
situated upon the properties.
Article II – Property Subject to this
Declaration
Section 1 – Existing Property –
The real property which is, and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is located in
Section 29, Township 20 North, Range 11, West of the Second P.M.
in Vermilion County, Illinois.
Section 2 – Additions to Existing
Property – Additional lands may become subject to this
Declaration in the following manner:
(a)
Upon approval in writing of the
Association pursuant to a vote of its members as provided in its
Articles of Incorporation, the owner of any property who is
desirous of adding it to the scheme of this Declaration and to
subject it to the jurisdiction of the Association, may file of
record a Supplementary Declaration of Covenants and Restrictions
which shall extend the scheme of the covenants and restrictions of
this Declaration to such property.
(b)
Upon merger or consolidation of the
Association with another association as provided in its
Articles of Incorporation, its properties, rights and obligations
may, by operation of law be transferred to another surviving or
consolidated association or, alternatively, the properties, rights
and obligations of another association may, by operation of law,
be added to the property rights and obligations of the Association
as a surviving corporation pursuant to merger.
Article III – Membership & Voting Rights
Section 1 – Membership
- every person or entity that is a record owner of a fee interest
in any lot that is part of the properties.
Section 2 – Voting Rights
– members shall be entitled to one vote for each lot or dwelling
unit which they own. When more than one person is owner, the vote
shall be as they determine, but in no event shall there be more
than one vote cast for any lot or dwelling unit.
Article IV - Assessments
Section 1
– The declarant or owners of each dwelling unit owned within the
properties of the Lake Shores subdivisions agree to pay the annual
and special assessments of the association with one assessment to
be paid for each dwelling unit and one assessment for each vacant
lot. Each assessment together with such interest and collection
expense hereinafter provided shall be the personal obligation of
the person who was the owner of said described property at the
time the assessment fell due.
Section 3 –Annual assessments -
Beginning February 1, 1997 the annual assessment shall not exceed
$40.00 per dwelling unit. The Board of Directors may fix the
actual assessment for any year at a lesser amount
Section 4 - Special Assessments - may be
levied by the Association, PROVIDED that such assessment be
approved by two-thirds of its membership, voting at a meeting duly
called for this purpose, with written notice setting forth the
purpose of the meeting to all members at least thirty (30) days in
advance.
Section 5 – Change in Basis and Maximum of Annual Assessments
–
Subject to the limitations of Section 3 hereof, the Association
may change the maximum and basis of the assessments fixed by
Section 3 hereof for any such period PROVIDED THAT any such
change shall have the assent of two-thirds of its membership,
voting in person or by proxy, at a meeting duly called for this
purpose, written notice of which shall be given to all members at
least thirty (30) days in advance.
Section 6 – Quorum for Any Action Under Sections 4 & 5
– The quorum required for any action authorized by Sections 4 & 5
hereof shall be as follows:
At
the first meeting called, as provided in Sections 4 & 5 hereof,
the presence at the meeting of members, or of proxies, entitled to
cast sixty (60) percent of all votes of membership shall
constitute a quorum. If the required quorum is not forthcoming at
any meeting, another meeting may be called, subject to the notice
requirements set forth in Sections 4 & 5, 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 meeting
shall be held more than sixty (60) days following the preceding
meeting.
Section 7 - Date of Commencement of Annual Assessments
– the annual assessment shall become due and payable on February 1
of said year. The due date of special assessments shall be fixed
in the resolution authorizing such assessment.
Section 9 – Non-payment of Assessments –
assessments not paid on the date due shall become delinquent and
shall, together with interest thereon and cost of collection,
become a continuing lien on the property, and a personal
obligation of the then owner. If not paid within 90 days after the
delinquency date, the assessment shall be increased by $10 per
month for each month delinquent and the Association may bring an
action at law. If a judgment is obtained, it shall include both
non-payment fees as above provided and a reasonable attorney’s fee
to be fixed by the Court together with the costs of the action. (Eff.
1-1-05)
Article V – General Provisions
The covenants and restrictions
of the Declaration shall run with and bind the land, for a term of
ten (10) years from the date of this Declaration, and shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of
the lots has been recorded, agreeing to change said covenants and
restrictions – PROVIDED, however, that no such agreement to
change shall be effective unless made and recorded one (1) year in
advance of the effective date of such change.
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Article I - Definitions
See Definitions
Article II - Location of Resident Agent
Not
specified at this time.
Article III – Membership
Section 1 –
See Article III, Section 1 of the Covenants.
Section 2 – The rights of membership are
subject to the payment of annual and special assessments as
provided in Article IV of the Covenants.
Section 3 – Membership rights may be
suspended by action of the Directors during the period when
assessments remain unpaid, but shall be automatically restored
upon payment.
Article IV – Voting Rights
Same as Article III, Section 2
of the Covenants.
Article V – Property Rights and Rights of
Enjoyment
Each member shall be entitled
to the use and enjoyment of the common property and facilities of
the Association, subject to the following:
(1)
The right of the Association, as
provided in its Articles and By-Laws to suspend the rights and
privileges of any member for any period during which any
assessment (to which his interest is subject) remains unpaid; and
for a period not to exceed thirty (30) days for any infraction of
its published rules and regulations; and
(2)
The right of the Association to
charge reasonable admission and other fees for the use of any
facility situated upon the described common areas.
Article VI – Association Purposes
See
Introduction page.
Article VII – Board of Directors
Section 1 – The affairs of the
Corporation shall be managed by a board of five (5) Directors, of
whom at least three (3) shall be “resident owners” and members of
the Corporation and shall be elected for a two (2) year term
except as provided in Section 2 of this Article.
Section 2 – Applied only to first
election held.
Section 3 – Vacancies on the Board of
Directors shall be filled by the remaining Directors, any such
appointed Director to hold office until his successor is elected
by the members, who may make such election at the next annual
meeting of the members or at any special meeting duly called for
that purpose.
Section 4 – The Board of Directors shall
have the power:
(a)
To call special meetings of the
members whenever it deems necessary and it shall call a meeting at
any time upon written request of one-fourth of the voting
membership.
(b)
To appoint, remove and fix
compensation and duties of all officers, agents and employees of
the Association.
(c)
To establish, levy and assess and
collect the assessments or charges referred to in Article III,
Section 2.
(d)
To adopt and publish rules and
regulations governing the use of the common properties and
facilities and the personal conduct of the members and their
guests thereon.
(e)
To exercise for the Association all
powers, duties and authority vested in or delegated to this
Association.
Section 5 – It shall be the duty of the
Board of Directors:
(a) To cause to be kept a complete record of all its acts
and corporate affairs and to present a statement thereof to the
members at the annual meeting or when such is requested in
writing by one-fourth (1/4) of the voting membership.
(b) To supervise all officers, agents and employees of the
Association and to see that their duties are properly performed.
(c) As more fully provided in Article IV, Section 8
of the Declaration of Additional Covenants and Restrictions:
(1)
To fix the amount of the assessment
against each lot for each
assessment period a least
thirty (30) days in advance of such date or period and at the
same time;
(2)
To prepare a roster of the properties
and assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by any
member, and, at the same time;
(3)
To send written notice of each
assessment to every owner subject thereto.
(d) To
issue upon demand a certificate setting forth whether any
assessment has been paid.
Article VIII – Directors’ Meetings
To
be determined by the Directors.
Article IX – Meetings of Members
Section 1 – The regular annual meeting
of the members shall be held on the first Thursday of the month of
February in each year, at an evening hour. If the day for the
annual meeting of the members shall fall upon a holiday, the
meeting will be held at the same hour on the first day following
which is not a holiday.
Section 2 – Special meetings of the
members for any purpose may be called at any time by any two or
more of the Board of Directors, or upon written request of the
members who have a right to vote or one-fourth (1/4) of the entire
membership who have a right to vote.
Section 3 – Notice of the annual and
special meetings shall be given to the membership in writing by
the Secretary. Notice may be given to the membership either
personally or by sending a copy of the notice through the mail.
Each member shall register his address with the Secretary and
notices of meetings shall be mailed to the member at such address.
Notice of any meeting, regular or special, shall be given or sent
at least six (6) days in advance of the meeting and shall set
forth in general the nature of the business to be transacted,
provided however, that if the business of any meeting shall
involve any change in the basis or maximum amount of assessments
set forth in Article IV of the Covenants, notice of such meeting
shall be given or sent as therein provided.
Section 4 – The presence at the meeting
of members entitled to cast, or of proxies entitled to cast,
representing one-tenth (1/10) of the votes of the entire
membership shall constitute a quorum for any action governed by
these by-laws.
Any action governed by
the Articles of Incorporation or by the Covenants applicable to
the properties shall require a quorum as therein provided.
Section 5
– Roberts Rules of Order shall be used at the pleasure of the
Directors.
Article X – Officers
Section 1
– The officers shall be a president, a vice-president, a secretary
and a treasurer. The president and the vice-president shall be
members of the Board of Directors.
Section 2
– The officers shall be chosen by majority vote of the Directors.
Section 3
– All officers shall hold office during the pleasure of the Board
of Directors.
Section 4 through 8
– Description of the officers’ duties.
Article XI – Books and Papers
Books and papers of
the Association shall at all times, during reasonable hours, be
subject to inspection by any member.
Article XII – Proxies
Section 1
– At all corporate meetings of members, each member may vote in
person or by proxy.
Section 2
– All proxies shall be in writing and filed with the secretary. No
proxy shall extend beyond a period of eleven (11) months, and
every proxy shall automatically cease upon sale by the member of
his home or other interest in the properties.
Article XIII – Description of the Corporate Seal
None
Article XIV – Amendments
Section 1
– These by-laws may be amended, at a regular or special meeting of
the members, by a vote of a majority of a quorum of each class of
members present in person or by proxy, provided that these
provisions of these by-laws which are governed by the Articles of
Incorporation of this Association may not be amended except as
provided in the Articles of Incorporation or applicable law; and
provided further that any matter stated herein to be or which is
in fact governed by the Covenants and Restrictions applicable to
the properties and recorded July 2, 1970, in the Office of
Recorder of Deeds of Vermilion County, Illinois may not amended
except as provided in such Covenants and Restrictions
Section 2
– In the case of any conflict between Articles of Incorporation
and these By-laws, the Articles shall control; and in the case of
any conflict between the Covenants and Restrictions applicable to
the properties referred to in Section 1 and these By-laws, the
Covenants and Restrictions shall control.
Article XV – Order of Business
Roll Call
Proof of Notice of Meeting
Proof of Quorum
Reading and Disposal of Unapproved
Minutes
Unfinished Business
New Business
Adjournment
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DEFINITIONS
For the purpose of this declaration, certain words
and terms are hereby defined:
Accessory Buildings:
Separate buildings or portions of the main building located on
the same building site and which are incidental to the main
building or to the main use of the premises. Accessory buildings
shall not be used, designated or intended to be used as residences
other than as quarters for domestic servants and not more than one
such accessory shall contain living quarters.
Building Area: That
portion of a building site within which the construction and
maintenance of main buildings is permitted.
Building Site:
A portion of the subdivision consisting of at least one entire lot
upon which one dwelling together with accessory buildings may be
built.
Dwelling: The main
building on any building site. The dwelling is to be designed for
and is to be used exclusively for residential purposes and is to
be occupied exclusively by a single family.
Family: Any number of
individuals living together as a single housekeeping unit,
including domestic servants for whom, subject to provisions of
this declaration, separate living quarters may be provided; but
excluding the inhabitants of boarding houses, rooming houses,
tourist homes, fraternities, sororities, residential clubs and
homes of an institutional character.
Residence: The living
unit of a single housekeeping unit or family.
Ground Floor Area: That
portion of a dwelling built over a basement or foundation, but not
over any other portion of the dwelling.
1.
Building Area:
The building area limits at the front and rear of the lots shall
be building set-back line shown on the face of the plat. The
building area limits at the sides of the building site will be at
a distance from each side of the building site equal to 10% of the
width of the building site at the front building set-back line,
but in no event less than 71/2 feet. Detached garages and
accessory buildings may be built upon any portion of the building
site except that no part thereof shall be nearer than 70 feet from
any street property line and not nearer than 5 feet to the side
and rear property lines of building sites having a street frontage
of over 100 feet and not nearer than 3 feet to the side and rear
property lines of building sites having a street frontage of 100
feet and less.
Eaves, steps and open porches shall not be
considered as part of a building. The Architectural Committee
shall have the privilege to approve or disapprove any such
extensions or structures described in this paragraph beyond the
building limit line.
2.
Allowable Structures:
See the Owners’ Certificate for the specific Lake Shores Addition
in question. These certificates are on file at the Recorder’s
Office of Vermilion County, Illinois.
3.
Minimum Ground Area
Requirements: No main structure
shall be permitted on any building site covered by these covenants
if the habitable floor area of which, exclusive of basements,
porches and garages, is less than the minimum square feet of floor
area prescribed in the Definitions section of the
Owner’s Certificate for the specific Lake Shores Addition. These
certificates are on file at the Recorder’s Office of Vermilion
County, Illinois.
4.
Percentage of Lot Coverage:
All buildings, including accessory buildings, shall not cover more
than a specific percentage of the building site for a
single-family dwelling nor more than a specific percentage of the
building site for a two-family or multi-family dwelling. See the
Owner’s Certificate for the specific Lake Shores Addition on file
at the Recorder’s Office of Vermilion County, Illinois.
5.
Permissible Building:
Order of Construction: All buildings erected on any building site
shall be constructed of new material of good quality suitably
adapted for use in the construction of residences, and no old
building or buildings shall be placed on, or moved to, said
premises; nor shall used or reclaimed material be employed in any
construction thereon. Accessory buildings shall not be erected,
constructed or maintained prior to the erection or construction of
the dwelling. The provisions herein shall not apply to temporary
buildings and structures erected by builders in connection with
the construction of any dwelling or accessory buildings and which
are promptly removed upon completion of such dwelling or accessory
buildings.
No dwellings shall be built or erected on any lot,
fabricated or assembled at a site other than the building site.
For the purpose of this provision, materials shall be considered
prefabricated if before delivery to the site an interior finish
wall is attached to the material. The Architectural Committee
shall have the authority from time to time to determine what
materials are considered prefabricated for the purpose of this
paragraph.
6.
Animals and Poultry:
No animals, livestock or poultry of any kind shall be raised, bred
or kept on any lot, except that no more than two (2) dogs, cats or
other household pets may be kept, provided that they are not kept,
bred or maintained for any commercial purposes. In the event that
such pets are housed outside the dwelling, the housing provided
for said pets shall be in conformity with the architectural design
of the house.
7.
Weeds, Rubbish and Debris:
No building site owner shall allow weeds, rubbish or debris of any
kind to accumulate upon or to be placed upon any property in the
subdivision so as to render the same unsanitary, unsightly,
offensive or detrimental to any property in the vicinity thereof
or other occupants thereof, and Lake Shores Homeowners Association
shall be authorized to remove weeds, rubbish, or debris and to
charge the cost thereof to the owner of the lot from which such
weeds, rubbish or debris was removed. No trash, rubbish or garbage
may be burned outdoors or in outdoor incinerators but interior
incinerators within buildings are permitted for use in disposing
of such trash, rubbish and garbage.
8.
Billboards, Advertising Sign
Boards: No signs, advertisements,
billboards or other advertising structures of any kind may be
erected or maintained on any of the lots hereby restricted without
the consent in writing of the Architectural Committee hereinafter
provided; provided, however, that permission is hereby granted for
the erection and maintenance of not more than one advertising
board on each lot or tract as sold which advertising board shall
not be more than five (5) square feet in size and may be used for
the sole and exclusive purpose of advertising for sale or lease
the lot or tract on which it is erected.
9.
Non-Occupancy and Diligence
During Construction: The work of
construction of any building or structure shall be prosecuted
diligently and continuously from the time of commencement until
the exterior construction shall be fully completed and the
interior construction shall be substantially completed, and no
such building or structure shall be occupied during the course or
original exterior construction or until made to comply with the
restrictions and conditions se forth herein. No excavation except
as it is necessary for the construction of improvements shall be
permitted
No person, firm or corporation shall strip,
excavate or otherwise remove top soil for sale or for use other
than on the premises from which the same shall be taken, except in
connection with the construction or alteration of a building on
such premise and excavation or grading incidental thereto. This
excess shall stay in he Addition if needed for fill on other lots
10.
Storage:
No building material of any kind or character shall be placed or
stored upon a building site until the owner is ready to commence
improvements and then such materials shall be placed within the
property lines of the building site upon which the improvements
are to be erected and shall no be placed in the street
right-of-way.
11.
Oil, Mining Operation:
No oil drilling, oil development operation, oil
refining, quarrying or mining operations of any
kind shall be permitted upon or in any building site, nor shall
oil wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any building site. No derrick or other
structure designed for use in boring for oil or natural gas shall
be erected, maintained or permitted upon any building site.
12. Street Sight
Line Obstruction: No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between
two (2) and six (6) feet above the roadway shall be place or
permitted to remain on any lot within the building set-back line
area.
13.
Building Plans, etc.
- No building dwelling, subdividing of an original building lot,
fence, sidewalk, drive, tent, awning, sculpture, pole, septic
tank, individual water supply, hedge, mass planting or other
structural excavation shall be erected, constructed, altered or
maintained upon, under or above or moved upon any part of said
subdivision unless the plans and specifications thereof, showing
the construction, nature kind shape, height, material and color
schemes hereof, and a plot plan showing lot lines boundaries of
the building site, distance from the boundaries of the building
site to the building and the grading plan of the building site
shall have been submitted to and approved by the Architectural
Committee and until a copy of such plans and specifications, plot
plan and grading plan as finally approved is deposited for
permanent record with the Architectural Committee. Provisions may
be made for telephone distribution wires for individual homes to
be underground, and each house should be wired in advance to
provide telephone outlets.
(Eff. 1-1-05)
14.
Approval by
Architectural
Committee – The Architectural
Committee shall, upon request, issue its certificate of completion
and compliance or approval following the action taken by the
Committee on such approval. If the Committee fails to approve or
reject any plan or matter requiring approval within thirty (30)
days after plans or specifications have been submitted to it, or
in any event, if not suit to enjoin construction has been
commenced to the completion thereof, approval shall be
conclusively presumed and the related covenants shall be deemed to
have been fully complied with.
15.
Right of Inspection
– During any construction or alteration required to be approved by
the Architectural Committee, any member of the Committee or any
agent of such Committee shall have the right to enter upon and
inspect, during reasonable hours, any building site embraced
within said subdivision, and improvements thereon, for the purpose
of ascertaining whether or not the provisions herein set forth
have been and are being fully complied with and shall not be
deemed guilty of trespass by reason thereof
16.
Waiver of Liability
– The approval by the Architectural Committee of any plans and
specifications, plot plan, grading, planting or any other plan or
matter requiring approval as herein provided shall be deemed to be
a waiver by the said Committee of its right to withhold approval
in connection with the same building site or any other building
site. Neither said Committee nor any member thereof, nor Lake
Shores Homeowners Association, nor the present owner of said real
estate shall be in any way responsible or liable for any loss or
damage, for any error or defect, which may or may not be shown on
any plans and specifications, or on any plot or grading plan, or
planting or other plan, or any building or structure or work done
in accordance with any other matter, whether or not the same has
been approved by the said Committee or any member thereof, of Lake
Shores Homeowners Association, or the present owner of said real
estate
17.
Constructive Evidence of Action
by Architectural Committee – Any
title company or person certifying, guaranteeing or insuring title
to any building site, lot or parcel in such subdivision, or any
lien thereon or interest therein, shall be fully justified in
relying upon the contents of the certificate signed by any member
of the Architectural Committee and such certificate shall fully
protect any purchaser or encumbrances in good faith in acting
therein.
18.
Architectural Committee
– The Architectural Committee shall be composed of three persons
to be named by the sub divider. In the event of death or
resignation of any member of the Committee, the remaining members
shall have full authority to designate a successor. The members of
the Committee shall be entitled to no compensation for services
performed pursuant to this covenant other than such compensation
as may be paid by the Lake Shores Homeowners Association. At any
time, the then record owners of a two-thirds majority of the
building sites shall have the power through a duly recorded
written instrument to change the membership of the Committee or to
withdraw from the Committee or restore to it any of its powers or
duties, provided that the above mentioned record owners constitute
66 2/3% of the membership of Lake Shores Homeowners Association,
and further that the vote to make such changes as indicated above,
is made up of the votes of members in good standing of the
Association.
19.
Construction
– If it shall at any time be held that any of the restrictions,
conditions, covenants, reservations, liens or charges herein
provided or any part thereof is invalid or for any reason becomes
unenforceable, no other restrictions, conditions, covenants,
reservations, liens, or charges or any part thereof shall be
thereby affected or impaired.
20.
Authority to Release Rights
– The owners of legal title of record of all the building sites in
this subdivision shall have the authority at any time after
recording this document to release all, or from time to time any
part, of the restrictions, conditions, covenants, reservations,
liens or charges herein set forth, and upon the recording in the
Recorder’s Office of Vermilion County, Illinois, of the waiver or
release of such restriction, condition, reservation, lien or
charge shall no longer be required under the provisions herein set
forth.
21.
Driveways
– All driveways and lanes for access to buildings in the
Subdivision shall have outlets only on the platted lanes of the
Subdivision. All driveways shall be hard-surfaced as may be
approved by the Architectural Committee
22.
Private Lanes
– The private lanes shown on the plat are for the exclusive use of
the owners of the respective lots abutting the private lanes. No
owner or group of owners shall prohibit the use of any part of the
private lanes by any other owner or owners so entitled to said use
as defined earlier. The said private lanes are also easements for
utility purposes as granted in the section regarding easements.
Maintenance of improvements in the private lanes not normally
provided by the respective utility company or the City of Danville
shall be equal responsibility of the abutting lot owners. This
provision pertains especially to street maintenance, which is not
normally performed on private lanes by the City
23.
Swimming Pools
– Permanent non-inflatable above ground pools are not permitted in
the Subdivision.
24.
Rummage Sales
– Rummage sales are limited to two (2) per year.
25.
Waiver
– The failure of the Architectural Committee, Lake Shore
Homeowners Association, a building site owner or the present owner
of said subdivision to enforce any of the restrictions,
conditions, covenants, reservations, liens or charges to which
said property, or any part thereof, is subject shall in no event
be deemed a waiver of the right to do so thereafter or to enforce
any other restriction, condition, covenant, reservation, lien or
charge.
26.
Restrictions
– Each of the foregoing restrictions shall run with
the land and shall constitute restrictions on the use of each of
the respective lots in said subdivision. The Owners of said
subdivision recognize the existence of Lake Shores Homeowners
Association and acknowledge that its power and restrictions are
covenant upon each of the lots in said subdivision.
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