Informational Document Consolidating Original Declaration and All Subsequent Amendments to Said Declaration from 3/09/78 to 05/05/2006

WHEREAS, Declarant is the owner of the real estate hereinafter in Section 1 described, and it desires to subject the said real estate to these conditions, restrictions, covenants, reservations, easements, liens and charges hereinafter set forth, thereof, and shall insure to the benefit of, and pass with each and every lot thereof, and shall apply to and bind each owner thereof and his successors, grantees and assigns; and

NOW, THEREFORE, Declarant, being the owner of all of said real property, does declare said real property is and shall be held, transferred, sold and conveyed, occupied, mortgaged and encumbered subject to the terms, provisions, covenants, restrictions, conditions, reservations, easements, liens and charges hereinafter set forth.

Chapter 1 – BUILDING AND USE RESTRICTIONS

Section 1. The real property which is and shall be held, conveyed, transferred, sold and occupied subject to the conditions, restrictions, covenants, reservations, easements, liens and charges herein set forth is described as follows:

Total lots are 190 plus 1 common ground lot #154 in Mallard Lake Estates, being a subdivision of part of the southwest quarter of Section 17, part of the south half of Section 18, and the part of the northwest quarter of Section 19, all in Township 40 north, Range 10, east of the Third Principal Meridian, in DuPage County, Illinois.

Section 2. The real property described in Section 1 hereof is subjected to the Covenants hereby declared to insure proper use and appropriate development and improvement of Mallard Lake Estates Subdivision and every part thereof, hereinafter referred to as the “Subdivision;” to protect the owners of property therein against such improper use of surrounding lots as may depreciate and value of their property; to insure adequate and reasonable development of said property; to prevent haphazard and inharmonious improvement; and in general to make provisions for the highest quality of improvements in the subdivision.

Section 3. All lots hereinbefore specified in the Subdivision, except Lot 154, shall be used for private residence purposes only, and no building, except as specifically authorized elsewhere in this Declaration shall be erected, re-erected or maintained thereon, except one dwelling, erected for occupancy by one family, and a private garage for the sole use of the owners or occupants of the dwelling.

Section 4. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are last recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, that these covenants may be changed, modified or amended in whole or in part at any time hereafter and from time to time, with the exception of Section 25, formerly Section 28 of these covenants, by an instrument of amendment signed by a 51% majority of affirmative votes of the then owners in good standing, (defined in the By-Laws), of the lots in Mallard Lake Estates.

Section 5. No dwelling shall be erected on any one lot unless said structure has a minimum of 2,400 square feet of livable floor area of a one-story structure, excluding floor area of garage, open porches and basements. If said dwelling is a two-story structure, then it must have a minimum of 2,800 square feet of livable area in the total dwelling plan, excluding floor area of garage, and open porches. Any split-level residence shall have a minimum of 2,600 square feet of livable area, excluding floor area of garage, open porches and the sub basements of the building.

No garages or other structure shall be erected in front of any residence building, excepting such garage, as is an attached part of the residence building. Any garage addition or detached garage being erected must have a driveway connecting to the street or existing driveway being constructed of black top, concrete or pavers to be consistent with the existing driveway. No fences of any kind shall be erected in the front yard of any lot.

No shed, trailer, recreational vehicle, tent, shack, garage, ba , basement or outbuilding erected on any lot shall at any time be used as a temporary or permanent residence, nor shall any structure of a temporary character be used a residence.

Architectural plans and specifications for each new dwelling, room or garage addition, detached garage, shed or other outbuilding to be constructed, shall be submitted to the Mallard Lake Estates Board of Directors for written approval, before construction is started. Architectural plans and specifications are to show location of the proposed structure on the lot, all four exterior elevations, materials to be used on all exterior wall and roof surfaces and all other construction details and materials which, are the subject of these Covenants and Restrictions.

Section 6. No building other than one single family residence building shall at any time hereafter be erected, occupied, sold or used on any part of or portion of any lot; provided, however, that as, and after, any residence is so erected and occupied, the owner thereof may also erect such detached garages and other appurtenant structures as may be deemed necessary for the sole and exclusive use of the owner. All such outbuildings shall be constructed only of materials consistent with the dwelling and shall conform and be harmonious with the design and color of the residence building.

Section 7. No single-family residence building shall be constructed in the subdivision that has the same exterior elevation, or design, or appearance, as the dwelling on either adjacent lot to the lot upon which said dwelling is constructed. A time restriction of a period of 2 years described as – from the date of the issuance of the DuPage County construction permit to time of owner occupancy- shall be imposed on said lot owner to complete construction including paved or concrete driveway and seeding or sod placement for the following growing season.

Section 8. No commercial or other signs of any type shall be placed or maintained on any lot; provided, however, that the Declarant and its successors or assigns may maintain such signs as may be determined by said Declarant, its successors or assigns, such as “for sale” signs, to be necessary or desirable in conjunction with the sale of lots in the Subdivision and the construction of residences upon said lots.

Only low voltage, fluorescent and incandescent light to be used outdoors. No high-pressure sodium light bulbs or alike permitted.

Section 9.
A. Refuse:

• Trash, garbage or other waste shall be kept in enclosed sanitary containers INSIDE the house or garage erected on lot.
• Garbage, refuse, recyclables and yard waste MAY NOT be set out any earlier than 8pm on the day preceding a pickup.
• All garbage, refuse, or recycling containers and any garbage refuse construction debris, landscape waste, white goods, or other materials left at the street MUST be removedby the following day.

B. Fires:

• Only barbecues in properly constructed barbecue pits or grills orfire pits shall be permitted on a lot. There shall be no open and uncontrolled bu ing of refuse or building material by an owner.
• Open and uncontrolled bu ing of any landscape waste in unincorporated Dupage County is prohibited under the County ordinance passed in 1990. Violators may be fined up to $500 by the County.

C. Lot Appearance:

• No Owner shall accumulate or allow to accumulate on his lot inoperable or junked vehicles (as defined in County ordinance), litter, refuse or other unsightly materials. Natural growth shall be kept trim and neat.
• Grass shall not exceed 6 inches in height.
• In the event that the Owner shall fail or refuse to keep said lot premises free of weeds, underbrush, or refuse piles, litter, or other unsightly growths or objects, then the designated agents Mallard Lake Estates Community Association, as hereinafter established, may enter upon such lot and remove the same at the expense of the owner thereof and such entry shall not be deemed to be a trespass.
• Parking of vehicles is allowed only on paved surface, not on grass.

The following are prohibited:

• 1) The use of any driveway or parking area on lot, as a parking place for vehicles which exceed 8,000 lbs gross weight, 2) campers, 3) boats, 4) trailers, 5) mobile homes or 6) commercial vehicles. The term “commercial vehicles” shall include all SUVs, trucks and vehicular equipment which shall bear signs or have printed on the side of same, reference to any commercial undertaking or enterprise. All recreational vehicles, motor homes, campers, boats of any kind, trailers, and commercial vehicles are to be stored indoors. Temporary parking of recreational vehicles on a driveway shall only be permitted for a transitional time only, not to exceed 4 weeks over a 4-month period of time.
• Only operating vehicles shall be permitted to be parked on driveways. Operating vehicles are vehicles with a current or applied for registration and are used weekly for transportation.
• Vehicles with open exhaust shall not be run between 9pm and 8am.
• Vehicleparts or components shall not be stored outside.
• Firewood shall be neatly stacked only behind dwelling
• Compost piles shall be neatly maintained only behind dwelling.
• Mechanicalor manual construction equipment or construction materials shall not be stored outside unless being used for a specific project on the owner’s lot. Projects shall be completed in the lesser of a reasonable amount of time or the length of the permit.
• Snowplows, snow blowers or other snow removing equipment shall not be stored outside unless attached to an operable vehicle.

D. Animals:

• No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception that dogs, cats, or other usual and common household pets may be kept within the residence.
• No pets shall be kept, bred, or maintained for any commercial purpose.
• In no event shall any domestic pet be allowed to run free away from its owner’s Lot without a leash or so as to create a nuisance. Owners of said pets shall always immediately clean up any mess created by their pets and properly dispose.

E. Nuisances:

• Each lot owner/occupant shallprevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Lot.
• No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet enjoyment, safety, comfort or serenity of the occupants of surrounding property.

 

Section 10. The lake and community grounds, being Lot 154 of the Mallard Estates Subdivision, may be used by all residents in good standing of Mallard Lake Estates and their guests for recreational purposes. There shall be no dumping, loitering, unlawful activity or damaging of this property of any kind. Such activity shall be reported to the Board of Directors and may be subject to fines and the violator(s) shall be prosecuted to the fullest extent of the law. All rules pertaining to the activity permitted on the lake and community grounds shall be adhered to as stated on the sign posted at the site.

Section 11. If the owners of lots in said Subdivision herein or any of them, or their heirs, executors, administrators, successors in title, grantees or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Mallard Lake Estates Community Association in its own name, or for any other person or persons owning any lot situated in the Subdivision: (a) to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either (i) to prevent him or them from attempting or continuing to violate such covenant, (ii) to recover damages,fines and atto ey feesfor such violations, or, (iii) to compel him or them to replace or restore any grades for drainage, or (b) to, otherwise, enforce any of these covenants and restrictions herein contained. All such violations may and shall be reported to the County. All such remedies shall be cumulative and non-exclusive of any other remedy; the prosecution of any remedy shall not be deemed an election of remedies.

When a violation occurs, the Board of Directors shall first send via certified mail retu receipt requested, a written notice containing the declaration, by-law, covenant rule, regulation or law that was violated, giving the offender(s) 30 days (grace period) to remedy the said violation. If the violation has not been remedied after this first 30 days, fines shall be assessed and accrued as follows for each violation:

During the next 30 days (after the 30-day grace period) = Fine shall be $50
During days 31-60 (after the 30-day grace period) = Fine shall be an additional $75
During days 61-90 (after the 30-day grace period) = Fines shall be an additional $100
During days 91-150 (after the 30-day grace period) = Fines shall be an additional $150
During days 151-180 (after the 30-day grace period) = Fines shall be an additional $200
For each day after 180th day (after the 30-day grace period) fines shall be assessed and shall continue to accrue at an additional $10 per day. If fines have not been paid at the end of 180 days, then a lien shall be placed on owner’s lot, and the Board may take any and all other steps authorized herein or by the law.

Section 12. No open violation of the covenants shall be deemed to release any of the parties from their obligations under these covenants by reason of said violations. Invalidation or removal of any one of these covenants by judgment, decree or court order, or amendment of this Declaration shall in no wise affect any of the other provisions, which shall remain in full force and effect.

Section 13. As used in these restrictions, the term “Declarant” shall always be deemed to include its successors or assigns and the words “successors or assigns’ shall not be deemed to refer to an individual purchaser of a lot or lots in this Subdivision from the Declarant, but shall be deemed to refer to the successors or assigns of legal or equitable interests of the Declarant, who are designated as such by an instrument in writing signed by the Declarant and recorded among the Public Records of DuPage County, Illinois, specifically referring to this provision of this instrument.

Chapter 2 – THE ASSOCIATION

Section 14. At any time before or after the recording of this Declaration, but in any event not later than January 2, 1980, there shall be organized an Illinois not-for-profit corporation to be known as the “Mallard Lake Estates Community Association,” which corporation shall hold record title to Lot 154 in the Subdivision and other such lands as may be conveyed to the Association from time to time. The purposes of the Association shall be to perform all of the functions provided herein and to effect that purpose the Association shall be the gove ing organization for the administration and operation of the Subdivision and any property owned by the Association and for the levying and collection of assessments to provide funds as may be required from time to time for such purposes and the Association shall have and possess all such other powers as shall be necessary or appropriate for the accomplishment of such duties and functions. This right shall be enforceable by Declarant against all owners of lots in the subdivision, and until lots are conveyed by Declarant, the Declarant shall have one vote per lot for each lot retained.

Section 15. (Formerly 17, former Section 16 Deleted – all Sections below now to follow in new numerical order). The affairs of the Council shall be managed by the Board of Directors. The members of the Board shall be elected by the members pursuant to the By-Laws of the Corporation. The Board of Directors shall be elected at the Annual Meetings or at Special Meetings of the members called for that purpose and shall serve for the duration of the term as described in the By-Laws.

Section 16. Where an Annual Meeting or a Special Meeting of the members is to be held for the purpose of electing members of the Board of Directors, each member shall be given a written notice describing the date, time, place and purpose of the meeting. Said notice shall be mailed or delivered to each member not less than fourteen (14) nor more than thirty (30) days prior to the date of said meeting.

Section 17. Upon formation of the Association, each owner of a lot in the Subdivision shall be a member of the Association, which membership shall be appurtenant to said lot, and each purchaser of a lot by acceptance of the deed therefore, covenants and agrees to become and remain a member of the Association, whether or not it shall be so provided in any such deed or other conveyance; provided, however, that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a member.

Section 18. Membership in the Association shall automatically terminate upon the sale, transfer or other disposition of a member’s title interest in any lot in the Subdivision, at which time the new owner of such lot shall automatically become a member thereof. Such membership may not be sold or transferred other than in conjunction with the sale or transfer of the title interest in the lot to which it is appurtenant. No member shall have any right or power to disclaim, terminate or withdraw from his membership in the Association or from any of his obligations there from by virtue of (a) non-use of any lands owned by the Association; (b) abandonment of his lot or any residence constructed thereon; (c) the failure to construct any residence thereon, or (d) for any other reason.

Section 19. Ownership of a lot in the Subdivision shall be the sole qualification for membership in the Association. There shall be one (1) membership for each lot in the Subdivision and each membership shall be entitled to one (1) vote per lot on any matter submitted to a vote of the members.

The agreed order of March 20, 2001, in the DuPage County Case #95MR0306 Mallard Lake Estates Community Association v. Anthony J. Gianfrancisco and its terms and conditions are hereby incorporated herein a and made a part hereof by reference.

Section 20. The Association shall have the following powers and duties:

• To manage, maintain, and control the lake and community grounds, being Lot 154, entranceways and berms along Schick Road and any other such lands as may be conveyed to the Association or be in possession or control of the Association from time to time.
• To spray and to take other measures for mosquito and fly abatement within the Subdivision.
• To employ duly qualified peace officers for the purpose of providing such police protection as the Association may deem necessary or desirable in addition to that provided by any gove mental body.
• To provide for the maintenance of facilities on any land set aside for the general use of the property owners and residents in the Subdivision.
• To own or lease such real estate as may be reasonable necessary in order to carry out the purposes of the Association, and to pay taxes: (i) on such real estate as may be owned by it; and (ii) which may be assessed against the lake and community grounds whether or not owned by the Association.
• To make such improvements to the lake and community grounds in the subdivision and to provide such other facilities and services that may be necessary by simply having a majority of the then elected Board of Directors. Improvements shall mean planting trees, flowers, shrubs and the like. Improvements shall also include volleyball courts, horseshoe pits, blacktop pavilion and the like. There shall be no permanent structure built at any time on lot 154. Except for alterations of an emergency nature, any proposed alterations to Lot 154 costing in excess of $10,000 shall first require an affirmative vote of the majority of the then lot owners in good standing.
• The Association and its authorized agents and representatives have the right to enter upon any unimproved lot for the purpose of effecting such grass cutting, weed control and other purposes set forth in this instrument. If the owner of said lot shall refuse such right of entry, then the costs and expenses incurred by the association in conjunction therewith shall be chargeable to the owner of said lot, shall be fined according to Section 12 of these covenants and shall become a lien upon said lot if not paid upon demand.

Chapter 3 – FUNDING AND ENFORCEMENT

Section 21. For the purpose of providing funds to enable the Association to exercise the powers, make and maintain the improvements, and render the services herein provided for, the Board of Directors of the Association shall determine for each year the total amount of funds required for such year and shall levy an annual assessment uniformly against each lot in the Subdivision, which annual assessment shall be directly related to the operating expenses incurred by the Association.

Section 22. The annual assessment shall be determined annually by the Board of Directors of the Association and shall not be for a period of more than one year from the date of such assessment. An absolute cap on dues is hereby imposed as not to ever exceed $350 per lot in any given year.

A $200 assessment fee shall be the benchmark by which the current and future Board of Directors of the Association shall make decisions on increasing or decreasing dues. No more than a 10% increase on dues in any given year may be imposed by the Board of Directors. If additional revenue is required by the Board of Directors, then a consent of 2/3’s vote by members of the association in good standing shall be required. If dues ever become lower than the benchmark assessment, they can at any time be brought back up to the benchmark figure at the Board of Director’s discretion.

Section 23. In the event of the failure of any owner to pay any assessment on or before the 30th day following the notice to such owner of the scheduled due date thereof, then such assessment shall be delinquent and shall be assessed late fines according to Section 12 of these covenants.

The Association shall have a lien on each lot against which such assessment is levied to secure the payment of such assessment plus any legal fees and costs to enforce or record any such lien. An administration fee of $100 shall also be assessed for any such lien.

When delinquent, payment of principal and any legal fees may be enforced against the owner(s) and/or the property itself may be liened with the amounts owed due and payable before any sales of the property can be made.

Should a lot owner in good standing show hardship in paying the assessed dues, excepting the fines, then the Board of Directors of the Association shall at their discretion, determine an appropriate payment plan for said delinquent dues without apenalty for that year assessed.

Section 24. The liens herein provided shall be subject and subordinate to the lien of any valid mortgage or deed of trust now existing or which may hereafter be placed on said real property.

Section 25. In the event of the Association failing to properly or safely maintain any and all drainage improvements located within said Lot 154, any unit of local gove ment having authority over storm water drainage is hereby granted permission to enter upon said Lot 154 and to cause such maintenance or improvements as may be necessary for the public health, safety, or welfare to insure proper drainage control from said Lot 154 and any improvements located thereupon. The cost of said maintenance or improvement shall be submitted in statement form to the Association, and in the event the Association shall fail to pay same within sixty (60) days, said costs shall constitute a lien upon all lots in the subdivision on a pro rata basis. Said lien, together with proper atto eys fees assessed therefore, shall be foreclosable as provided by applicable law.

Section 26. The Association shall not expend more money within any one year than the total amount of the assessment for that particular year, plus any surplus which it may have on hand from previous assessments; nor shall said Association enter into any contract whatever binding the assessment of any future year.

Section 27. The titles used herein are for convenience only and shall not be construed with any substantive effect in this Declaration,

Mallard Lake Estates Community Association

Copies of the Original Declaration of Covenants, Conditions and Restrictions pertaining to Mallard Lake Estates and each subsequent Amendment thereto may be obtained at the DuPage County Recorder’s office.

Prepared April 18, 2006

Susan M. Gartland

Secretary, Mallard Lake Estates Community Association