Declaration of Covenants and Restrictions

The developer's opening statement becomes a historical record

C & C ILLINOIS PROPERTIES, LLC, being the legal owner of record (herein the "Owner") hereby makes this Certificate as to the following described real estate: see the Attached Exhibit "A" and has caused the same to be surveyed, David E. Atchley, Illinois land Surveyor No. 2950, Champaign, Illinois, and has subdivided said real estate into lots, streets, and utility and drainage easements as indicated on the annexed plat, (herein the "Plat") bearing the Certificate of David E. Atchley, under date of On October 8, 2004 said subdivision to be know as · was named WEST RIDGE SUBDIVISION, city of Champaign, Champaign County, lllinois.

The developer, C & C Illinois Properties, wrote the original document in the present tense while it was creating the subdivision. That work finished long ago, and the opening would now simply record that West Ridge Subdivision was named on October 8, 2004.

No homeowner rights or obligations change.

Grants to the City are described as already made

Owner hereby grants and dedicates perpetually to The City of Champaign owns, for public use as right of ways for transportation, utility, or any other use the City of Champaign shall deem necessary or useful to the public the tracts, shown on the plat as streets, driveways, sidewalks within the public right of way, and courts …

Owner hereby grants There is an easement to the City of Champaign and the public for the use of all sidewalks located within common areas defined herein. … Said Homeowners' Association shall also grant an easement to the public for use of the same sidewalks.

Owner hereby dedicates perpetually The tracts shown on the Plat as "easements," "public utility easements" and "drainage easements" or any other general easement however designated have been granted to the City of Champaign for the use by utilities for utility purposes, including but not limited to water, sanitary sewer, storm water management and drainage, gas, telephone, electricity, cable television, internet or nay any other similar use …

The streets, public sidewalks and utility easements were handed to the City when the subdivision was created, and sidewalks within common areas belong to the Association. The original wording has the developer granting them in the present tense; the new wording describes those grants as already made.

Internet is added to the list of utilities that may use the easements. Nothing new is given to the City.

The Board may approve plantings other than grass where a drainage tract lies in a floodway or floodplain

… Vegetation, unless otherwise prohibited by law, and post office boxes, shall not be considered an obstruction of the easement; however, only grass or other vegetation approved by the HOA Board may be maintained in that portion of any drainage tract located in a floodway or floodplain. … Berms or grading changes mad made which are not in conformance with the approved plans and drainage filed with the City shall be considered obstructions.

If part of your lot is a drainage tract in a floodway or floodplain, you could ask the Board to approve plantings other than grass there. Ask before you plant: only grass or plantings the Board approves may grow in that part of the tract. Vegetation does not count as an obstruction of the easement, and if authorized use of the easement damages or destroys your plantings, you pay to repair or replace them. Buildings, fences and structures stay barred unless the City authorizes them in writing, and so do grading changes that do not match the approved plans.

Developer-era deed language removed

It is hereby provided that all conveyances of property hereafter made by the present or future owners of any of the lands described on the aforesaid Surveyor's Certificate shall, by adopting the above description of said platted lands, be taken and understood as if incorporating in all such conveyances without repeating the same following restrictions as applicable. Notwithstanding the foregoing, All lot owners must recognize that the following restrictions are in addition to all applicable laws and ordinances which affect the subject real estate, including the ordinances of the City of Champaign …

This sentence tied the restrictions into every deed the developer and later owners would sign. Covenant 26 (Term) already states that the covenants run with the land and bind everyone who owns a lot, so the restrictions continue to apply to every lot and every future buyer.

The developer is removed; the Architectural Control Committee is defined

Developer: The Developer is C & C ILLINOIS PROPERTIES, LLC, its successors or assigns, having its principal office at P.O. Box 188, Tolono, illinois 61880.

Common Areas: The areas to be conveyed to and owned by the West Ridge Homeowners' Association as defined by the Plat … areas designated as commons on the Plat. , upon the sale of two-thirds of the lots in West Ridge Subdivision by the owner, its successors and assigns.

Architectural Control Committee: HOA Board or Committee so designated by the HOA Board A designated body with the authority to approve or disallow the placement of any structure on a building site.

The developer no longer has any role in West Ridge, so its definition is removed. The common areas already belong to the Association, so the condition about selling two-thirds of the lots no longer applies.

The Architectural Control Committee, which approves building and landscaping plans, would be defined as the HOA Board, or a committee the Board appoints.

Clarifies that accessory dwelling units are not permitted

No structure shall be erected, altered, placed or permitted to remain on any building site other than one detached single family dwelling, a private garage for not more than three (3) cars, and other accessory buildings incidental to residential use of the premises. Accessory Dwelling Units (ADUs) are not permitted.

An accessory dwelling unit is a second, separate home on the same lot, such as a backyard cottage or an apartment above a detached garage. The current "one detached single family dwelling" rule already excludes them. This is not a new restriction; the added sentence removes any doubt, which matters because the covenants apply in addition to City rules, even where the City might allow an ADU.

The committee's powers pass from the developer's principals to the Board

The Architectural Control Committee shall initially be composed of the following:

Chris Creek P.O. Box 188, Tolono, IL 61880

James Chladney 1705 Bentbrook, Champaign, IL 61822

HOA Board or Committee so designated by the HOA Board

The committee was originally the two principals of the development company. It would become the HOA Board, or a committee the Board appoints, and would hold all of the committee's powers: approving or rejecting plans, raising or reducing side, front and rear yard requirements within the limits the City allows for variances, entering a lot during construction to inspect the work, approving driveway materials other than concrete, asphalt or brick (Covenant 23), and directing an owner to stop using a contractor whose work disrupts traffic or neighbors, backed by a restraining order (Covenant 31).

Unchanged: under Covenant 2(a), committee action still needs a two-thirds majority, and owners of 75% of the lots can still change the committee's membership or take powers away from it.

Plan submission is simplified

No building, planting, dwelling, fence or other structure (including, but not limited to, antenna systems) or excavation shall be erected, constructed, altered or maintained … unless the plans and specifications thereof, showing the proposed construction, nature, kind, shape, height, material, and color scheme thereof … shall have been submitted in triplicate to and approved by the Architectural Control 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 Control Committee to and approved by the Architectural Control Committee.

You still need approval before building, altering, fencing, excavating or planting. Only the paperwork is simplified.

Automatic approval after 15 days is removed

(ii) Approval by Architectural Control Committee: The Architectural Control Committee shall, upon request, and after satisfactory completion of improvements, issue its certificate of completion. If the committee fails to approve or reject any plan or matter requiring approval within fifteen (15) days after plans or specifications have been submitted to it, or in any event if no suit to enjoin construction has been commenced prior to the completion thereof_ approval shall be conclusively presumed and the related covenants shall be deemed to have been fully complied with.

The sections that follow are renumbered: (iii) (ii) Right of Inspection, (iv) (iii) Waiver of Liability, (v) (iv) Constructive Evidence of Action.

In practice, the Board could effectively veto an improvement simply by not responding. A request would stay unapproved for as long as it goes unanswered, and starting work without approval would be a violation.

Covenant 2(b) still says approval "shall not be unreasonably withheld", and owners of 75% of the lots can still change the committee's membership or powers under 2(a). With the subsection gone, the committee would also no longer issue certificates of completion on request.

Wait for a written decision before you start work.

Up to two trash or recycling totes may be kept outside

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All containers or other equipment of the storage or disposal of such material shall be kept in a clean and sanitary condition and stored in a manner either inside a garage or other building or below ground so as not to be visible from other property. Up to 2 garbage or recycling totes with properly fitting lids/covers may be kept outside the house as long as they are kept in a clean and sanitary condition, and not visible from the street or other property.

This matches what many households already do, for example totes behind a fence or screen at the side of the house. The amended covenant would no longer have the general rule that all containers and equipment be kept clean and stored inside or below ground; its rule on keeping containers clean and out of sight would cover only the totes. A tote that can be seen from the street or a neighbor's property is still a violation, and appears as a Level 1 item in the fine schedule.

The parking rule is spelled out, and the garage rule no longer covers ordinary trucks

All property owners or residents shall provide and use at all times off-street parking for the number of automobiles in use by the owner or resident on the property. Any vehicle parked on the street shall follow City codes and regulations. All property owners or residents in West Ridge Subdivision owning or possessing any type of oversized truck, boats/watercraft or recreational vehicle shall provide an enclosed garage for storage of such vehicle in addition to the off-street parking provided for the number of automobiles in use by the owner of or resident.

The off-street parking requirement is not new; the amendment states it more clearly. The garage rule does change: ordinary pickups would no longer need an enclosed garage, while boats, RVs and oversized trucks still would. Street parking is governed by City code.

References to the bike path and developer-era plans are removed

Each property owner shall repair and maintain in good condition any sidewalk provided for his or her respective lot until such time as the responsibility for repair and maintenance has been accepted by public authorities. Until such acceptance by public authorities, any defective sidewalk which requires repair or replacement shall be repaired or replaced in accordance with the construction plans prepared by Dave Atchley for West Ridge Subdivision. The bike path referenced in the Annexation Agreement between the Developer and the City of Champaign shall be maintained at the expense of the West Ridge Homeowners' Association and said Homeowners' Association shall perform such repairs and maintenance, the City of Champaign may require the performance of such maintenance by and at the expense of the respective Homeowners' Association. Driveways to the street shall be paved with concrete or asphalt or brick materials unless otherwise approved by the Architectural Control Committee …

The bike path described here was never built, so the Association has nothing to maintain. The reference to the original engineer's construction plans is also removed.

Unchanged: you still keep the sidewalk along your lot in good repair, and driveway material rules stay the same.

Lot upkeep follows City code instead of fixed mowing dates

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.; weeds on vacant lots shall be cut at minimum between May 1 and May 15, June 15 and June 30, and again between September 1 and September 14 in each year. lf the lot owner fails to do so, the Architectural Control Committee may cause weeds to be cut and a lien may be filed against the property for weed mowing, not to exceed the actual cost of the completion plus 20% of the cost for handling charges. Lot maintenance (weeds, etc) shall conform to relevant City Codes.

There are no vacant lots left in West Ridge. Instead of its own mowing schedule, the covenant would point to the City's existing property-maintenance rules, which apply to every lot. The change also removes the power to have a neglected vacant lot mowed and put a lien on it for the cost. That power would matter only if a lot became vacant again, such as after a fire or storm, or while a house is being built.

The developer's dues exemption is removed

No assessments shall be due or owing on any Lot held by Developer until such Lot has been sold by the Developer. All assessments will be made by the subsequent lot owner. Each lot owner in West Ridge Subdivision shall be subject to and share equally in the payment of an annual assessment …

The developer no longer owns any lots. Every lot owner shares dues equally, exactly as today.

The Association may enforce the Breach and Remedy procedure, including fines

(e) Authority and Powers: The Homeowners' Association shall have the following authority and powers: …

(ii) Power and authority to enforce any and all covenants, restrictions, and agreements applicable to lots within West Ridge Subdivision as well as power to recover reasonable attorney fees in the enforcement of these covenants together with interest at a rate to be provided in the Homeowners' Association's Bylaws as may be in effect from time to time; This includes enforcing the Breach and Fines as voted on by the Board.

This change is what makes fines possible. Fines would come only after notices and a deadline to fix the problem, and the Fines page walks through every step and amount.

The schedule is "as voted on by the Board", and the procedure itself lets the Board change timelines and fine amounts by majority vote.

Developer conditions on the common areas are removed

… the use of the common areas and common facilities which may be provided by the Developer from time to time shall be subject to the rules and regulations established by said Homeowners' Association. The common areas shall be conveyed to the Homeowners' Association upon the sale of two thirds of the lots in West Ridge Subdivision by the Owner, its successors and assigns.

The common areas, including the pond and detention basins, already belong to the Association. The wording about the developer providing or handing them over is no longer needed.

The Association may publish an email address

The Homeowners' Association shall establish a publicly listed telephone number or email address and post office box in the municipality to which the West Ridge Subdivision is annexed …

The Association could meet this requirement with an email address instead of a listed telephone number. The post office box requirement stays.

Signed by the Association, with a new amendment date

IN WITNESS WHEREOF, this instrument including the Owner's Certificate and Dedication has been was originally and duly executed on this the 22 day of Nov 2004, and amended on (new date of execution).

OWNER: C & C ILLINOIS PROPERTIES, LLC

By: Christopher Creek

By: James Chladney

West Ridge Homeowners’ Association

The covenants would keep their original 2004 date and gain the date the amendments are approved. The Association would sign in place of the developer.

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