Adopted 5/5/08
Revised 8/6/12
AUGUSTA VILLAGE
Rules & Regulations
8/6/12 Revision
THESE RULES AND REGULATIONS WHERE ADOPTED AND
PLACED INTO EFFECT AT THE BOARD MEETING ON MAY 5, 2008.
REVISED August 6th, 2012 HOMEOWNERS WILL BE ASKED TO COMPLY
IMMEDIATELY AND WILL BE NOTIFIED OF ANY VIOLATIONS.
AUGUSTA VILLAGE HOMEOWNERS ASSOCIATION
Adopted 5/5/08
Revised 8/6/12
2
RULES & REGULATIONS
Preface
These Rules & Regulations have been adopted with the intent of providing the residents of
Augusta Village with a practical plan for day to day living. Its goal is to maintain our community
as a first-class association and to provide residents with common sense guidelines for living
together as neighbors. A successful Association is a community of owners who exhibit a pride of
home ownership and share a common vision as to what constitutes a desirable neighborhood.
Membership in the Augusta Village Homeowners Association runs with the property.
Each buyer of property within Augusta Village is bound by the governing documents of the
Association which include the Declarations of Covenants, By-Laws, and Rules and Regulations.
Homeowners who oppose a particular rule or regulation are asked to keep the following points in
mind:
Living in an Association means one must adhere to certain Rules and Regulations, which
exist for the benefit of our community and helps to maintain our property values.
Requests for changes may be made in writing directly to the Board. The Board on at least
an annual basis will consider all requests for changes in good faith.
If you are found in violation and are fined, remember this action is taken because the
majority of homeowners in Augusta Village consider it to be just and proper.
Effective Rules and Regulations require the cooperation of all residents of the Association.
The best approach to resolving a difference with a neighbor is to talk to your neighbor directly. However,
should this not resolve the problem, an official complaint can be filed directly with the Board. Each
resident’s cooperation and participation is encouraged. This is your Association and these are your rules.
AUGUSTA VILLAGE HOMEOWNERS ASSOCIATION
Adopted 5/5/08
Revised 8/6/12
3
RULES & REGULATIONS
Table of Contents SECTION I INTRODUCTION 4
SECTION II DEFINITIONS 4
SECTION III GRANDFATEHER CLAUSE 4
SECTION IV GENERAL RULES 5
SECTION V VIOLATIONS & FINE POLICY 9
SECTION VI ASSESSMENTS 13
SECTION VII PETITIONING FOR CHANGE 14
SECTION VIII EXHIBITS 14
A. RESTRICTIONS ON FENCES 15
B. WITNESS COMPLAINT FORM 17
C. NOTICE OF VIOLATION 18
D. NOTICE OF DETERMINATION REGARDING VIOLATION 19
E. REQUEST FOR A HEARING 20
F. ALTERATIONS & ADDITIONS APPLICATION 21
AUGUSTA VILLAGE HOMEOWNERS ASSOCIATION
Adopted 5/5/08
Revised 8/6/12
4
RULES & REGULATIONS
SECTION I – INTRODUCTION
The following Rules & Regulations flow from the Declaration of Covenants. It is not the
intent of these Rules and Regulations to be a substitute for the Declaration and By-Laws.
To the extent that the provisions of applicable law (federal, state, or local), the
Declaration, By-Laws or the Rules & Regulations are in conflict, the provisions of
applicable law shall first control followed by the provisions of the Declarations, the By-
Laws, and the Rules & Regulations, in that order.
These Rules & Regulations are binding on all Home Owners, Residents, their Families
and Guests. The Home Owner is responsible for communicating the Rules & Regulations
to occupants and guests and will be liable for fines incurred and/or damages caused by
occupants and guests.
The provisions of these Rules and Regulations can only be amended by vote of the Board
of Directors in an open meeting following notice to the community of a pending change
and allowing for a minimum 30 days for public comment.
Architectural Review Plans for any modification to the exterior of any home to include
additions, decks, fences, driveways, etc. must be submitted for review by the
Architectural Review Committee and/or the Board of Directors for approval.
SECTION II – DEFINITIONS
See Declarations or By- Laws
SECTION III – GRANDFATHER CLAUSE
Fence and cosmetic infractions that were in existence the date the current Augusta Village
Homeowners Association Rules & Regulations were adopted, and were not in compliance with
the original Augusta Village Homeowner's Association Declarations or By-laws, will be
considered violations, not to be fined at this time, but rather will be grandfathered in until such
time as regularly scheduled maintenance is required. At that time the violation must be corrected
to meet current Augusta Village Homeowner's Association Rules & Regulations.
SECTION IV – GENERAL RULES
Adopted 5/5/08
Revised 8/6/12
5
Homeowners are not allowed to put any building or structure of a temporary character, trailer,
tent, shack, garage, barn, or other outbuilding at any time as a residence either temporarily or
permanently. This does not include camping tents, which may be set up for an overnight
adventure or airing out in preparation for a camping trip.
No commercial activities of any kind are permitted on the Property. However, an Owner may
operate a home-based business on his Lot, but only if (i) the existence is not apparent or
detectable by sight, sound, or smell from outside the Owner’s residence located on the Lot, (ii)
the commercial activity is not prohibited by Village ordinances or regulations and is conducted
in compliance with Village zoning ordinances, (iii) no Commercial Vehicle is stored or parked
on the Lot, except within garages, with the garage door shut during periods of storage, and (iv)
the commercial activity does not, in the Board’s reasonable judgment, generate a level of
vehicular or pedestrian traffic or a number of vehicles being parked in the Property which is
noticeably greater than which is typical of residences within the Property in which no activity is
being conducted.
Commercial Vehicles, Buses, Trucks, Limousines, Taxis, Boats, Trailers and Recreational
Vehicles on Lots are not allowed except for those, which are stored within a garage with the
garage door shut during periods of storage. (Commercial vehicles are described under Article 1,
Section 1.8 of the Declaration).
Parking on the street is not allowed between the hours of 2:00 AM & 6:00 AM as per Village
ordinance. When parking on the street, cars must be parked along the curb. Cul de Sacs are not
parking lots and should not block any entrance either to the Cul de Sac itself or to any other
homeowner’s driveway. There must be room for emergency vehicles to enter freely. Cars should
not block the sidewalk from 7:00 AM to 10:00 PM.
No animals, livestock, or poultry of any kind are allowed to be raised, bred, or kept on any Lot
except for dogs, cats and other common animals kept as household pets, but not for breeding
purposes. The owner of any pet must immediately remove any bodily waste deposited by its pet
on any Lot, Common Area, parkways, cul-de-sac islands or dedicated streets.
See Village ordinance.
Clotheslines are prohibited.
Storage Sheds are prohibited.
Children’s playhouses are allowed subject to approval by the Architectural Review Committee
and Board of Directors.
Doghouses and dog runs are prohibited.
Fencing is restricted as specified under Exhibit A (page 16 of the rules)
Adopted 5/5/08
Revised 8/6/12
6
Above Ground Swimming Pools are prohibited. Above ground pools are defined as any pool
with a filter system and/or 24” or deeper. Temporary blow up kiddie pools are allowed as long as
they do not fit the description above for above ground pools.
Installation of outdoor hot tubs are subject to the review and approval of the Appearance Control
Committee to ensure they are screened from view from public streets or neighboring Lots
through appropriate and sufficient fencing or landscaping. Fencing requirements and restrictions
of Augusta Village and the Village apply.
Window air conditioners and window fans are not allowed. Special circumstances will be
considered upon Board approval.
Each Owner is responsible for the removal of trash from his Lot. Any rubbish, trash and garbage
(including recycling) are not allowed to accumulate on any Lot. No trash piles or storage piles
are allowed on the Property. All rubbish, trash and garbage (including recycling) is to be placed
in trash cans with sealed lids and stored within the garage or at the side of the residence on Lot
and screened from view from public streets or neighboring Lots through installation of
appropriate and sufficient fencing or landscaping.
Awnings are prohibited.
Any other additions, changes or improvements to any home surfaces or any part thereof
(including roofs, siding, doors, storm doors, windows or trim), additions of patios or decks on the
Lot by any Owner will be allowed only with the approval of the Appearance Control Committee,
as provided under Article 9. The Committee has the discretion to approve placement of decks
that encroach upon rear yard setbacks as designated on any Plat of Subdivision. Any
improvements, which require a permit from the Village, will require approval from the
Appearance Control Committee before the Village will approve a permit.
A&A's must be submitted for changes in (but not limited to) door/shutter, window, siding, roof
and siding color and/or replacement. If anything other than the original color is requested,
consideration will be given to the look and feel of the immediate neighborhood to ensure that it
is in keeping with the tone and color palette in existence. A&A requests for colors or
replacements which are not in harmony with tone and color palette of the neighborhood will be
denied. All applications must be submitted with the name of the brand of paint/materials to be
used and a swatch of the color desired, and will be considered on a case-by-case basis.
No Owner my lease his property to a known sex offender.
The Board of Directors shall have discretion, to be exercised through the adoption of an
appropriate rule or rules, to specify, limit or prohibit the type, size, color, number and/or
placement of radio, television and other telecommunications receiver installations on any Lot
within the Property and to enact regulations regarding such installations, all to the extent the
Board of Directors deems beneficial and convenient; provided, however, that any such rule or
rules adopted by the Board of Directors shall (i) be enforced against Owners in a non-
discriminatory manner and (ii) comply with the terms and conditions of applicable federal, state
Adopted 5/5/08
Revised 8/6/12
7
or local laws, ordinances, rules of regulations, as same may be amended from time to time.
Notwithstanding the foregoing, no such installations by any Owner shall be permitted upon any
portion of Common Area without the prior written consent of the Association, which may be
withheld in its discretion (to be exercised in accordance with applicable law as aforesaid).
No Owner may own more than three (3) Lots within the Property at any one time. This limitation
does not apply to a mortgagee who has foreclosed on a mortgage or who has accepted a deed in
lieu of foreclosure with respect to Lots.
No derrick or other structure designed for use in boring, mining, or quarrying for oil or natural
gas, precious minerals, shall be erected, maintained or permitted upon any Lot in the Property,
provided that nothing in this Declaration shall be construed to restrict a public utility from
erecting, maintaining, and operating upon any Lot owned by it within the Property, a well,
housing, and equipment for the purpose of extracting from the sub-surface and/or the treatment,
storage and distribution of water through the system of such public utility.
Easements for installation and maintenance of the utilities, sewer pipelines and facilities and
drainage facilities over each of the Lots, and in Common Area, are reserved as shown on the
recorded Plat of Subdivision or as created in accordance with this Declaration or any
amendments hereof. Within these easements, no structure, planting or other materials shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities or which may change the direction in the flow of drainage channels in
the easements, or which may obstruct or retard the flow of water through drainage channels in
the easements. Sump pumps, gravity drains and other drains serving the residence constructed on
any Lot shall not outfall or empty into grass swales between Lots, but only into a storm sewer, a
storm after service line or an underground drain pipe connecting to a storm sewer included in the
storm drainage system for the Property; provided, however, that sump pumps, gravity drains and
other drains serving Lots which are adjacent to a detention pond located with Common Area may
outfall and empty through underground drain pipes directly into said adjacent detention pond at a
level not higher than the normal pool elevation of such detention pond. All such easement areas
located on a Lot and all improvements on it shall be maintained continuously by the Owner of
the Lot, except for those improvements for which a public authority, a private or Public Utility
Company or the Association is responsible.
Holiday lights and decorations may only be displayed from November 15 through January 31 but
may not be illuminated after January 15th. The post Holiday removal date may be extended at the
sole discretion of the Board of Directors in response to weather conditions. Lights and
decorations for holidays falling outside the above dates may be displayed from three weeks prior
to the holiday to one week after.
Each Owner, his heirs, successors and assigns, hereby covenants and agrees at all times to
maintain his Lot, and the residence constructed thereon, in a neat and proper condition and to
perform all necessary repairs thereto. The Owner of each Lot shall be solely responsible for all
repair and replacement of lawn, plants, shrubs and other landscaping, which were damaged or
died due to the failure of the Owner to adequately water his Lot.
Adopted 5/5/08
Revised 8/6/12
8
None of these rules are intended to supersede or prevail over the ordinances of general
applicability of the Village, and in the event of any conflict, the applicable ordinances of the
Village shall supersede and prevail over these rules. However, no ordinance of the Village
controlling or regulating any act that is expressly limited, controlled or prohibited by these rules
shall operate to authorize or permit such act.
The Board reserves the right to inspect all final projects.
Basketball Hoops
Basketball hoops may be portable basketball standards or permanently installed pole standards
that must be properly maintained, with no visible rust, and no missing or torn nets.
Portable standards are not to be located in the street or on sidewalks. All portable standards must
not encroach on the neighbor’s lot line or sidewalk. Portable standards should be properly
weighted according to manufacturer’s guidelines to prevent tip-over. The use of sand bags or
other items piled on the base is not permitted. All portable standards Must be kept 5 from any
right of way which includes lot line. When stored it must be kept laying down behind the front
plane of the side of the house/garage in which it is stored. It must be stored as close to the house
as possible.
The installation of Permanent Standards shall be subject to Architectural guidelines and Board of
Directors review and approval. Before any permanent poles are installed a drawing must be
submitted, reviewed and approved by the Architectural Review Committee and Board of
Directors.
The sleeve of the permanent standard must be cemented into the ground with the top of the
cement below grade surface and covered with earth, stone or grass. A gravel layer is necessary to
aid in drainage for the sleeve’s open bottom. A bolt shall be installed to secure the pole from
spinning. The sleeve should not be more than two inches above ground in order to accommodate
a cap. It must not be a trip hazard or be able to cause harm if fallen upon. When the pole is not in
the sleeve, the sleeve must be capped.
Flag Poles
Permanent flagpoles must be reviewed and approved in accordance with the Architectural
Review Committee and Board of Directors.
Contractor Working Hours
Residents who employ contractors (not residents performing their own maintenance) are not to
allow the performance of such services except between the hours of 7:00 a.m. and 7:30 p.m.
Monday through Friday and between the hours of 7:00 a.m. and 5:30 p.m. on Saturday.
No contract services should be performed on a Sunday except for extenuating circumstances.
Contract services include, but are not limited to, general construction activities, lawn
Adopted 5/5/08
Revised 8/6/12
9
maintenance and automobile repairs. Services such as snow plowing, snow removal and
emergency repairs to a home are excluded. Contractor trucks, trailers and other equipment or
materials must be removed from streets each evening.
Signs
No “for sale” or “for rent” or brokers signs shall be erected, placed, or permitted in the yard of
any lot, and any such sign as may be located other than in the yard shall not be more than five (5)
square feet. No advertising signs, billboard, or objects of unsightly appearance or nuisances shall
be erected, place or permitted to remain on any portion of any lot.
Tree, Bush and Shrub Removal
Diseased and/or dead trees, bushes or shrubs should be removed or contracted to be removed
within 30 days to promote the growth of other trees and for aesthetic and safety reasons. When
trees are removed, the homeowner must remove the stump to below ground level and repair the
landscaping with grass, sod or another planting.
Raised Garden Beds
Are allowed as long as they are not on HOA common property.
Rain Barrels
These must not be placed in the front yard and must be originally designed as a rain barrel. A
screen must be placed securely at the top or a solid connection must be used in order to reduce
the occurrence of breeding insects.
Common Area
Nothing may be permanently or temporarily setup, planted or constructed on HOA common
areas without written approval by the board of directors.
Vandalism
Any acts of vandalism to common areas should first be reported to the Bolingbrook Police
Department and then to the Property Manager so that the necessary repairs may be completed.
Charges incurred to repair damages made by a Homeowner, tenant, family member and/or guest
will be billed to the Homeowner.
SECTION V – VIOLATIONS AND FINE POLICY
Adopted 5/5/08
Revised 8/6/12
10
Resident Cooperation
Unless the Board is notified of rule infractions by homeowners that witness them, or through the
property manager the rules cannot be enforced. The Board does not serve as a police department
or referee between disputing homeowners, each resident’s cooperation and participation is
encouraged.
Violation Notices
Violation Notices are issued by persons authorized by the Board to the party allegedly
committing the violation or allowing his family members, tenants, guests, invitees or pets to
commit a violation when one of the following occurs:
a. The Association receives a Witness Violation Complaint.
b. A Board Member or the Property Manage issues a witness statement based on his
or her own observations.
Requirements for Witness Complaints
Any complaint which alleges a violation of the Association's governing documents shall be made
in writing and shall contain, at a minimum, the following:
a. The name, address and phone number of the complaining witness;
b. The alleged offending Owner's name and address;
c. The specific details or description of the violation, including the specific Covenant
Article and location where the violation occurred, and any other witnesses to the alleged
violation;
d. A statement by the complaining witness that he or she will cooperate in the enforcement
procedures and will provide testimony at any hearings which may be necessary;
e. The signature and address of the complaining witness and the date on which the
complaint is made.
f. The Association recommends that photographs be taken, if possible, to illustrate the
nature of the violation. Any such photographs should be sent with the complaint or
forwarded as soon as possible. The name of the person who took the photograph and the
date on which it was taken or made should be included.
g. When a complaint is made pursuant to the above, the Association or its duly authorized
agents shall notify the Owner of the alleged violation. The notification shall be sent via
First Class mail. The Notice of Violation will include the specifics of the alleged
violation as well as the required action to correct the situation and/or the consequences
(fine) for failure to correct. If this letter receives no response, and no request for a hearing
Adopted 5/5/08
Revised 8/6/12
11
is made within 20 days, the Owner will be considered in default. If no correction or an
attempt at correction of the violation is made, then at the Board's discretion, the
complaint may be turned over to the attorney.
h. In the event the alleged violation is not the first violation by the Owner, or in the event
that the violation is such that serious, immediate, or irreparable consequences may occur
by delay, the Board may elect to forward the matter to the Association's attorney for
appropriate action. All legal expenses and costs incurred will be assessed to the Lot
Owner's account, if the Lot Owner is found guilty of the violation. The Association's
attorney, if contacted regarding the violation, shall send such notices, make such
demands, or take such actions as are necessary to protect the interest of the Association in
accordance with the provisions of the Declarations, By-Laws, or Rules and Regulations
of the Association.
Hearings
If any Owner charged with a violation either believes that no violation has occurred or that
he/she has been wrongfully or unjustly charged hereunder, the Owner must proceed as follows:
a. You must send a written response to the Rules & Regulations Committee at
the above address within twenty (20) days from the date on the notice, to
either request a hearing or a written response as to why no violation has
occurred. If neither is received we will assume you agree with the complaint
and any cost, expense, fine or Association's attorney’s fee that may be
assessed against you, which will be due within 30 days after notification of
said amount.
b. If you protest IN WRITING WITHIN 20 DAYS, the Rules & Regulations
Committee will review the complaint and your response WITHIN 30 DAYS in
order to make a determination on the complaint.
c. If a request for a hearing is filed, a hearing on the complaint shall be held before a
Panel of Inquiry. The Panel of Inquiry will be comprised of active Rules & Regulations
Committee members or person(s) appointed by the Board rotated on a scheduled basis
and without a potential conflict of interest on a per case basis.
d. The Panel of Inquiry shall not include any persons presenting evidence in the hearing.
The hearing shall be conducted no later than prior to the executive session of the next
regularly scheduled board meeting after delivery of the written request.
e. At any such hearing, the Panel of Inquiry shall hear and consider arguments, evidence
or statements regarding the alleged violation, first from any person or persons having
direct knowledge of the alleged violation and then from the alleged violator and any
witnesses on his behalf. Following a hearing and due consideration, (no later than 20
days after) the Panel of Inquiry shall issue its determination regarding the alleged
violation to the board of directors. The decision of the Panel of Inquiry shall be made
Adopted 5/5/08
Revised 8/6/12
12
by majority vote. Within 10 days the board will issue a final decision in writing to the
owner.
f. Payment of any assessments, charges, costs or expenses made pursuant to the
provisions contained herein shall not become due and owing until Notification from the
board of directors which will be sent first class mail.
g. If no request for a hearing is filed within twenty (20) days, a hearing will be considered
waived, the allegations in the Notice of Violation shall be deemed admitted by default,
and the board shall impose the appropriate sanctions (fine). The Owner shall be notified
in writing by the Association of any determination in the same manner as if the Panel of
Inquiry had conducted a hearing.
Fining Procedure
If an Owner is found to have violated personally or is otherwise liable for a violation of any of
the provisions of the Association's governing documents, the following shall occur:
a. If found to be guilty of a first violation of a given provision of the Association's
governing documents, the Owner shall be notified of the finding by the Association that a
first violation has occurred. The Owner shall also be assessed a fine.
b. If found to be guilty of any violation, including a first violation, after a hearing (if one is
requested), the notice of determination willrequire the Owner to correct any damage or
any unauthorized condition on the property for which the Owner has been found
responsible, and/or to pay any legal expenses and costs incurred by the Association as a
result of the violation.
Any Owner assessed hereunder shall pay, or make payment arrangements, of any charges
imposed within (30) thirty days of notification that such charges are due. Failure to make
the payment on time shall subject the Owner to all of the legal or equitable remedies
necessary for the collection thereof. All charges imposed hereunder shall be added to the
Owner's account, shall become a special assessment against the Home and shall be
collectible as a common expense in the same manner as any regular or special assessment
against the Home.
Timing
Written Notices are deemed served either:
a. By personal service at the time of delivery; or
b. By first class mail to the Owner at the address or to such other address as the Owner shall
have previously filed with the management company.
Recourse for Wrongful Accusation
Adopted 5/5/08
Revised 8/6/12
13
Recourse for Wrongfully Accused homeowners: Homeowners who have been wrongfully found
in violation by the Panel of Inquiry may be entitled to compensation for legal fees and costs
incurred in providing for their defense. Requests for such compensation are to be made in
writing, provide necessary documentation and submitted to the Association (via the Rules and
Regulations Committee). Arrangements for payment of compensation will be made with the
Homeowner within 30 days of receipt of the same.
Penalties & Fines
A. Rules and Regulations Violations that occur within a one-year period, the fines are as
follows. Violations for Section 8.6 Limitations on Signs are detailed in B below
a. 1st violation (if correction is not arranged for or no hearing requested) - $100 fine. If first
violation is not rectified then section c. below will apply.
b. 2nd violation –a $150 fine will be imposed for any additional occurrence of the same
violation after the 1st occurrence has been remedied. If any violation is not rectified then
section c. below will apply.
c. Fine of $10 a continuing nature will be imposed on the 31st day after a violation letter
has been issued only if
1. the occurrence has not been resolved and when the board has been notified of the
complete resolution. or
2. the homeowner requests a hearing, as stipulated in the “Hearings” section.
If upon inspection, after the homeowner has notified the board of complete resolution,
it is found that the homeowner has not resolved the occurrence, a $10 a day fine will
be imposed from the earliest date for which the violation could be applied.
B. Rules and Regulations Violations, for Section 8.6 Limitations on Signs, that occur within a
one-year period, the fines are as follows
a. A yearly fine of $25 will be assessed for any sign that is not in accordance with Section
8.6 of the Declaration and Covenants.
The Board is granted discretion to deviate, upwards or downwards from the fine schedule as it
deems necessary depending on the circumstances of a particular violation. The remedies
described herein are not exclusive.
C. Architectural Guidelines Violations: Failure to submit a required modification request $100
per occurrence or modification
D. In the event of any violation of the Rules & Regulations, Architectural Guidelines,
Declaration or By-Laws of the Association, the Board of Directors reserves the right to pursue
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Revised 8/6/12
14
any and all legal remedies to compel enforcement, legal and equitable. Any and all costs and
attorney’s fees shall be assessed back to the account of the offending owner.
E. Any owner found to be guilty of any violation or nonpayment of assessments or fees will
have all rights within the association suspended. This includes, but is not limited to, social
activities and election privileges.
SECTION VI – ASSESSMENTS
Annual assessments are currently billed in December. If you have not received an assessment
statement please contact the management office. It is the homeowner’s responsibility to pay the
invoice on time.
Special assessments are billed as directed by the Board of Directors.
A late charge of $75 can be charged if payment is received more than 15 days after due.
Upon lack of any payment(s) or communication with the association lawyer from the
homeowner the association lawyer will prepare legal action and/or Forcible Entry and Detainer
paperwork pursuant to possession and monetary damages for the association.
Under appropriate circumstances, the Board shall have the authority to credit back any late
charges, which may have been added to a Homeowner’s account.
Homeowners have the right to request a hearing of the Board to protest any charges added to
their account within 30 days of the charge being added. Provided a hearing has been properly
requested in writing, the owner will be given a written notice informing him or her of a time and
place where the Board of Directors will conduct a hearing to review the protest.
All hearings will proceed with or without the presence of the owner. The decision of the Board
shall be rendered in writing within five days after the hearing and such decision shall be final.
SECTION VII – PETITIONING FOR CHANGE
The Board of Directors has adopted these Rules and Regulations in the belief that they reflect the
requirements of the Declaration of Covenants, By-laws, and the will of the majority of residents.
Requests for changes may be made in writing directly to the Board. The Board on at least an
annual basis will consider all requests for changes in good faith.
SECTION VIII – EXHIBITS
I. EXHIBITS:
Adopted 5/5/08
Revised 8/6/12
15
A. RESTRICTIONS ON FENCES
B. WITNESS COMPLAINT FORM
C. NOTICE OF VIOLATION
D NOTICE OF DETERMINATION REGARDING VIOLATION
E REQUEST FOR A HEARING
F. ALTERATIONS & ADDITIONS APPLICATION
EXHIBIT A
Restrictions on Fences
Lots within the Property shall be subject to the following restrictions with respect to
fences:
a. All Lots that, at either the rear yard or a side yard, abut property owned by the
Will County Forest Preserve District or Bolingbrook Park District: Owners
shall install only “wrought-iron” style aluminum fences meeting the design
specifications below.
b. All other Lots not included above: Owners may install “board-on-board
(shadow box),” or dog ear picket fencing made of cedar, meeting the design
specifications on Schedule 1 attached.
Design and Specification of Fences That May Be Installed By Owners
All fencing must meet the following specifications:
Type: High Strength aluminum, alloy, or Wrought Iron
Color: Black
Styles: As provided below
Height: Four (4) feet
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Revised 8/6/12
16
Type: Cedar
Color: All cedar fences must be sealed. Cedar fences must be sealed with
transparent/semi-transparent sealant matching the following standards:
a) Behr Waterproofing Wood Finish in: Natural Clear (#400), Cedar tone
(#401), Red tone (#402) or Brown tone (#403)
b) Olympic Maximum Waterproofing Sealant in Clear, Honey Gold,
Cedar Natural tone or Redwood Natural tone
Styles: As provided below (Dog Ear Picket, or Straight Top Shadowbox).
Height: Four (4) or Six (6) Feet
Décor: May be arched or have up to 12” lattice on top; Arbors may be attached at gate
Village ordinances prevail regarding placement of fences 10’ from sidewalks.
Styles: STRAIGHT TOP SHADOWBOX
STRAIGHT TOP DOG-EAR PICKET
Adopted 5/5/08
Revised 8/6/12
17
Adopted 5/5/08
Revised 8/6/12
18
EXHIBIT B
WITNESS COMPLAINT FORM
PLEASE PRINT OR TYPE. Complete all information. Attach additional sheets if necessary.
INFORMATION CONCERNING WITNESS (ES) TO VIOLATION
Witness' Name Address Phone #
Names, Addresses, and Phone #s of any other Witnesses
INFORMATION CONCERNING VIOLATOR
Violator's Name Address Phone #
Names, Addresses, and Phone #s of the Owner, if different
INFORMATION CONCERNING VIOLATION
Article # (from Declaration of Covenants, Conditions and Restrictions): ________________________________
______________________________________________________________________________________
Violation Date Time Location
Observations:
______________________________________________________________________________________
______________________________________________________________________________________
Were any photographs taken? ____ Yes ____ No
Attach all photographs to this form or forward as soon as possible. Include photographer's name and date taken and
anyone else who was present.
I HAVE MADE THE ABOVE STATEMENTS BASED ON MY OWN PERSONAL KNOWLEDGE AND NOT
BASED ON WHAT HAS BEEN TOLD TO ME. I WILL COOPERATE WITH THE ASSOCIATION AND ITS
ATTORNEYS TO PROVIDE ADDITIONAL STATEMENTS OR AFFIDAVITS, AND IN THE EVENT THAT A
HEARING OR TRIAL IS NECESSARY, I WILL APPEAR TO TESTIFY AS A WITNESS. I REALIZE THAT IF
I FAIL TO TESTIFY, THE ASSOCIATION WILL BE UNABLE TO TAKE ANY ACTION TO ELIMINATE
THE VIOLATION.
_____________________________________________ __________________________
Signature Date
Mail to: Augusta Village Homeowners Association
C/O Caruso Management Group
1717 Park Street.
Suite 110
Naperville, IL 60563 Phone: 630-717-7188 Fax: 630-305-7804
Email: [email protected]
Adopted 5/5/08
Revised 8/6/12
19
EXHIBIT C
Rules & Regulations Committee C/O Caruso Management Group
1717 Park Street. - Suite 110
Naperville, IL 60563 Phone: 630-717-7188 Fax: 630-305-7804
Email: [email protected]
NOTICE OF VIOLATION
TO: _________________________________ DATE: ______________________
_________________________________
_________________________________
RE: VIOLATION OF DECLARATIONS, BY-LAWS, RULES AND REGULATIONS
You are hereby notified as the Owner of _____________________________________________________
that you have been charged with violating the Association Declaration, By-Laws or Rules and Regulations, by
which the Association is governed. This violation was noted on or about __________________, 20____ and is
described as follows:
VIOLATION: DOCUMENT NAME _____________________________ARTICLE__________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
If you wish to protest this violation, you must send a written response to the Rules & Regulations
Committee at the above address. If a written response is not received within twenty (20) days from
the date of this notice, we will assume you agree with the complaint and any cost, expense, fine and
Association's attorney’s fee may be assessed against you, which will be due within 30 days after
notification of said amount.
If you protest IN WRITING WITHIN 20 DAYS, the Rules & Regulations Committee will review the
complaint and your response in order to make a determination on the complaint.
Sincerely,
Augusta Village Homeowners Association
Adopted 5/5/08
Revised 8/6/12
20
EXHIBIT D
NOTICE OF DETERMINATION REGARDING VIOLATION ______________________________________________________________________________________
To: ______________________________________ Date: ________________________
______________________________________
______________________________________
On , 20 , you were notified of a violation of the Declarations or
Rules and Regulations of the Association. Pursuant to the Association rules:
( ) A hearing was held at your request
( ) You have admitted to the violation by default and waived your right to request a
hearing regarding the alleged violation. After considering the complaint, the
following determination has been made and the following action(s) will be taken:
( ) You were found not guilty and no action will be taken.
( ) A violation of the Association's Declarations, By-laws or Rules and Regulations has
occurred and a fine in the amount of $ is now due. A FINE FOR A
CONTINUING VIOLATION WILL CONTINUE UNTIL THE VIOLATION HAS
BEEN ELIMINATED AND THE ASSOCIATION HAS BEEN NOTIFIED.
( ) Legal expenses have been incurred by the Association. You will receive a separate
billing for the same.
( ) An architectural violation exists, as charged in the c omplaint, and you are ordered to
have the violation corrected or repaired at your own expense.
( ) As a result of a second or subsequent violation, we have instructed our attorneys to
inform you that legal proceedings may be instituted if further violati ons occur, and
the expenses incurred will be assessed to you.
Signed,
AUGUSTA VILLAGE HOMEOWNERS’ ASSOCIATION
Adopted 5/5/08
Revised 8/6/12
21
EXHIBIT E
REQUEST FOR A HEARING
I hereby request a hearing on the charges made against me as contained in the Notice of Violati on
dated __________________ 20 , alleging a violation of the Declarations, or Rules and Regulations of
The Augusta Village Homeowners’ Association.
Comments:
____________________________ __________________________________________
Signature Owner's Name - Printed
____________________________ ___________________________________________
Address City State Zip
Telephone: _____________________
____________________, 20_____
Date
Mail to: Augusta Village Homeowners Association
C/O Caruso Management Group
1717 Park Street.
Suite 110
Naperville, IL 60563 Phone: 630-717-7188 Fax: 630-305-7804
Email: [email protected]
Adopted 5/5/08
Revised 8/6/12
EXHIBIT F
AUGUSTA VILLAGE HOA ADDITIONS & ALTERATIONS APPLICATION PLEASE PRINT OR TYPE
HOMEOWNER: DATE:
ADDRESS: HOME PHONE:
CITY: BOLINGBROOK, IL 60490 WORK PHONE:
TYPE OF IMPROVEMENT: DESCRIPTION:
FENCE
PORCH/DECK
PATIO
RETAINING WALL
DRIVEWAY
HOUSE / TRIM COLOR
OTHER
DIMENSIONS:
MATERIAL:
SUPPLIER:
WORK TO BE
PERFORMED:
BY SELF or
LICENSED PROFESSIONAL
DRAWING INCLUDED:
PLAT SURVEY MUST BE
INCLUDED: This Application must be submitted and approved prior to obtaining a building permit from the Village of Bolingbrook. Drawings of improvements
must be attached to this Application to show location and dimensions relative to existing structures on lot. Please be sure this alteration / addition
conforms to any requirements set forth by the Village, County, and State. The Augusta Village Homeowners Association assumes no liability nor is
responsible for the accuracy of the drawings and details submitted by the Homeowner to complete the specified work indicated above. It is the
Homeowner’s sole responsibility to provide the Village of Bolingbrook all necessary documentation (construction drawings, details, calculations, etc.)
required to obtain permit. Fences shall conform to the current Declaration restrictions. Assessments and Fines must be current. As of the
Approval date of the Application, the Homeowner accepts full responsibility for the altered area and agrees to maintain it in a safe and presentable
condition.
SIGNATURE: DATE: SEND COMPLETED FORM TO: CARUSO MANAGEMENT GROUP, INC. 1717 Park Street. Suite 110 Naperville, IL 60563
Phone: (630) 717-7188 Fax: (630) 305-7804 or email to: [email protected] OFFICE USE ONLY
DATE RECEIVED: BY:
DATE APPROVED: BY:
DATE DISAPPROVED: BY:
REASON:
PERMIT#:
COPY TO HOMEOWNER: ORIGINAL TO FILE:
