Declaration of Restrictions
Newest amendments dated February 19th, 2007
Spin Lake Section 7, Spin Lake Extension I, and Spin Lake Extension II
ARTICLE i - General
Section 1. The word "Association" shall mean the Spin Lake Property Owner's Association, an Illinois not-for-profit corporation.
Section 2. The word "Development" shall mean Spin Lake (a Subdivision of the Northeast Quarter of Section 7, Township 24 North, Range 1 West of the Third Principal Meridian, according to the Plat recorded July 8, 1966 as Document No. 66-2757 in McLean County, Illinois) and Spin Lake Extension I (a Subdivision of Outlot F and a resurvey of Lots 136 through 139 and Lots 154 through 168 in Spin Lake, a Subdivision of the Northeast Quarter of Section 7, Township 24 North, Range 1 West of the Third Principal Meridian, according to a Plat recorded April 25, 1969 as Document No. 69-2749 in McLean County), and Spin Lake Extension II (a subdivision of the South West 1/4 of the North West 1/4 and the West 1/2 of the North West 1/4 of the North West 1/4 and a part of the North West 1/4 of the South West 1/4 of Section 8, Township 24 North, Range 1 West of the Third Principal Meridian, according to Plat recorded February 13, 1970 as Document No. 70-780 in McLean County, Illinois.)
Section 3. The words "the Lake" shall mean the existing Lake located at Spin Lake.
Section 4. To insure the best use and most appropriate Development and improvement of each building site therein; to protect the owners of building sites against such improper use of surrounding land as will depreciate the value of their property; and to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious appearances; to encourage and secure the erection of attractive homes with appropriate locations thereof on building sites; and in general, to provide adequately for a high type and quality of improvement on said property and thereby enhance the values of investments made by purchasers of building sites therein, the real property described hereafter is subject to the conditions, restrictions, covenants, reservations and charges, hereinafter set forth.
Section 5. The real property, which is and shall be held and which shall be transferred and sold and conveyed shall be subject to the conditions, restrictions, covenants, reservations and charges with respect to the various portions thereof set forth in the several clauses and subdivisions of this declaration, is situated in the County of McLean, State of Illinois, and is more particularly described on the Adoptions of Declaration of Restrictions now or hereinafter recorded in the Recorder of Deeds Office in McLean County. Each of those individuals who have executed or will hereinafter execute an Adoption of Declaration of Restrictions is a Grantor and the public is the Grantee.
Section 6. Amendments. The Declaration of Restrictions may be amended by a majority vote of the Members present at any annual meeting where the quorum requirements set forth in the Spin Lake By-Laws have been met. Notification of any amendments to be voted on shall have been mailed to each Member and Associate Member not less than ten (10) days or more than thirty (30) days prior to said meeting. Copies of the proposed amendments shall be available upon request.
ARTICLE II - Restrictions on Use
Section 1. No noxious or offensive activities shall be carried out on any lot in the Development, nor shall anything be done on any of said lots that shall become or be an unreasonable annoyance or nuisance to any owner of another lot in the Development, nor shall anything be done on any common areas of the Development.
Section 2. Signs. No signs or advertisements larger in size that 18" x 24" shall be displayed or placed on any lot or structure in the Development without the prior written approval of the Board of Directors.
Section 3. Animals. No animals shall be kept or maintained on any lot in the Development, except the usual household pets; and in such case, such household pets shall be kept confined or attached to a leash so as not to become a nuisance. No animals considered agricultural will be allowed.
Section 4. Vehicle Parking. No motorized vehicle shall be parked in one place for longer than 30 days on any street in the Development, whether the lot is owned by the owner of the vehicle or not, nor within ten (10) feet of the embankment of any street. Any vehicle parked that violates this restriction will be considered abandoned and will be removed at the owner's expense when the owner has been notified by the Board of Directors in writing by certified mail or personal delivery and fails to respond within 30 days. No unlicensed vehicle shall be left on any street or lot in the Development at any time.
Section 5. Restriction on Construction of Model Homes, Etc. No owner of any lot in the Development shall build or permit the building upon said lot of any dwelling house that is to be used as a model home, exhibit house, or rental unit unless prior written permission to do so shall have been first obtained from the Board of Directors. No temporary house, garage or other outbuilding shall be placed on any vacant lot. No lot may be sold or used for the sole purpose of camping. An RV/camper/travel trailer and/or tent may be placed or 2 tents. RV/camper/travel trailer is meant to include any one vehicle used for the purpose of sleeping/lodging/camping.
Section 6. Restrictions on Temporary Structures. No temporary house, garage, or other outbuilding shall be placed or erected on any lot. RV trailers and tents may be placed on private lots for enjoyment, not to exceed 45 days in any calendar year.
Section 7. Docks, piers, etc. No pier, dock or other structure may be constructed in such a manner that any portion thereof extends more than sixteen (16) feet from the normal lake level mark into the Lake, and in no event shall any pier, dock or other structure be erected without prior approval of the Board of Directors. Any docks that are installed must be constructed of traditional lumber or marine grade PVC. No other structures shall be allowed to protrude into the lake. For health and safety reasons, barrels used in the construction of any dock must be approved by the Lake Committee of the Board of Directors prior to installation and installation in the lake. Any dock that has previously been placed in the lake or hereinafter that is placed in the lake is a mere license from Spin Lake to allow the person that has placed the dock to locate the dock onto Spin Lake itself. No adverse possession or any other form of ownership shall be obtained by the person who has installed or hereinafter installs a dock on to the lake at Spin Lake.
Section 8. Boating Restrictions. Power boating activities on the Lake are limited to electric trolling motors only. No boat shall be equipped with facilities, which will discharge any waste materials into the Lake.
Section 9. Fishing Regulations. Fishing regulations shall be as adopted by the Board of Directors of the Association.
Section 10. Renting/Sub Leasing. If a property is rented or sold contract for deed, the property owner is responsible for payment of annual dues, road fees, snow removal fees, special assessments, and water charges on the property, and compliance with these Restrictions.
Section 11. Disposal of Garbage, Trash and Other Like Household Refuse. No owner of any lot in the Development shall burn or permit the burning out of doors of garbage; no shall any owner accumulate or permit the accumulation out of doors of such refuse on his lot.
Section 12. Hunting/Firearms. Hunting and the discharging of firearms are prohibited in the Development. However, trapping of furbearers on Association property shall be allowed in accordance with the statewide rules and regulations promulgated by the Illinois Department of Conservation. Permission to trap the lake and other Association property shall be at the discretion of the Board.
Section 13. Construction Equipment. No person shall be permitted to store construction equipment, semi-truck(s), attached or detached semi-trailers or trailers upon their lot or adjoining lots or subdivision right-of-ways.
ARTICLE III - Dues, Fees, and Assessments
Section 1. The authorization and conditions for setting annual dues, road fees, snow removal fees, and special assessments are set forth in the Spin Lake By-Laws Article IX. The current amounts for these charges are set forth as an addendum to these Restrictions.
Section 2 Lien. If any charge levied or assessed against any lot subject to these Restrictions shall not be paid when due, it shall then ipso facto become a lien upon the lot or lots owned by the persons owing such charge or charges, and shall remain a lien against said lot or lots until paid in full, together with interest as is hereinafter provided and other charges or costs which might become due as a result of non-payment, or as is hereinafter provided. Such charges as are provided for in these restrictions shall bear interest at the rate of 7% per annum until paid in full. If, in the opinion of the Board of Directors of the Association, such charges have remained due and payable for an unreasonably long period of time, they may, on behalf of the Association, institute such procedures, either in law or in equity, either by way of foreclosure of such lien or otherwise, to collect the amount of said charge in any court of competent jurisdiction. The owner of the lot or lots subject to the charge, shall, in addition to the amount of the charge at the time legal action is instituted, be obligated to pay any expenses or costs, including attorneys' fees, incurred by the Association in collecting the same. Every person who shall become the owner of any lot subject to these Restrictions, whether such ownership be legal or equitable, and any person who may acquire any interest in such lot, whether as an owner or otherwise, is hereby notified and by acquisition of such interest, agrees that any such liens or charges which may be extant upon said lot or lots at the time of the acquisition of such interest are valid liens and shall be paid. Every person who shall become an owner of a lot in the Development is hereby notified that by the act of acquiring such title, such person will be conclusively held to have covenanted to pay the Association all charges that the Association shall make pursuant to this Article of the Restrictions.
Article IV - Residential Character
of the Development
Section 1. Rules Governing Building on Several Contiguous Lots Having One Owner. Whenever two or more contiguous lots in the Development shall be owned by the same person, and such person shall desire to use two (2) or more of said lots as a site for a single dwelling house, he shall apply in writing to the Board of Directors of the Association for permission to so use said lots. If written permission for such a use shall be granted, the lots constituting the site for such single dwelling house shall be treated as a single lot for the purpose of applying Articles II, IV, and VII of these Restrictions to said lots, so long as the lots remain improved with one single dwelling house. In addition, if said lots consolidated under one (1) property tax ID, said lots shall be considered as one lot for the purpose of determining annual dues.
Section 2. Residential Use of Accessory Outbuildings, etc., Prohibited. No accessory outbuildings shall be erected on any of said lots prior to the erection thereon of a single family dwelling house, and in no event shall any such accessory outbuildings, or any temporary structure which may be constructed upon such lot under these Restrictions ever be used as a residence or dwelling house or place for human occupancy or habitation. Only one house and two accessory buildings shall be constructed on any lot or any two or more lots that are combined as authorized in Article IV Section 1.
Section 3. Restrictions Concerning Size and Placement of Dwelling Houses and Other Structures and the Maintenance Thereof.
Minimum Living Space Areas. No dwelling shall be constructed on any lot in the Development having less than the following minimum square footages of living space, exclusive of porches, terraces, garages, car ports, basements, or other buildings:
No house or dwelling shall be constructed having less than 1,250 square feet of living space. In the case of one-story houses, all 1,250 square feet of living space shall be situated on the first floor of said house. In the case of a multistory house, there shall be a minimum of 1,000 square feet on the first floor. In determining the amount of square footage contained within a house, there shall not be taken into consideration any area which is wholly or substantially below ground level.
No dwelling, building structure or improvement of any type or any kind may be constructed or placed on any lot in the Development without the prior written approval of the Board of Directors or the committee or committee chairperson designated by the Board of Directors. Approval shall be obtained only after written application has been made to the Board, its committee or chairperson, by the owner of the lot requesting authorization. Such written application shall be in a manner and form prescribed from time to time by the Board and shall be accompanied by two complete sets of plans and specifications for any such proposed construction or improvement. Each such plan and specification shall set forth the composition of all exterior materials proposed to be used and any proposed landscaping together with any other material or information which the Board may require. In addition, a copy of the application filed in the McLean County Zoning Office shall be submitted and a copy of the building permit obtained from McLean County shall be submitted. The Board may refuse to grant permission to construct, place or make the requested improvement, when the plans, specifications, drawings or other material submitted are themselves inadequate or incomplete, or show the proposed improvement in violation of these Restrictions. The Board has the right to check the progress of the building. If building is not constructed according to the plans and specifications as approved by the Board then the Board has a right to direct that the owner cease and desist from construction until all violations or unauthorized changes are corrected. An inspection must occur prior to pouring any foundation so that the proper location of the building to be constructed can be ascertained. Thus, the property owner must notify the Association prior to any foundation being poured and have the preliminary foundation work inspected prior to actually pouring any foundation. In the event of any material change in the plans, specifications, construction, layout or other matters effecting construction of a building notice of all such material changes shall be given to the Board prior to said changes being made and written approval shall be obtained prior to making any such material changes.
Fences. Must obtain Board of Directors' approval before construction of any fence within the Development.
Exterior Construction Materials. The finished exterior of every building constructed or placed on any lot in the Development shall be of material other than tarpaper roll brick siding or any other similar material.
Diligence in Construction. Every building whose construction or placement on any lot in the Development is begun shall be completed within 12 months after the beginning of such construction. No improvement which has partially or totally been destroyed by fire or otherwise, shall be allowed to remain in such state for more than three (3) months from the time of such destruction or damage.
Maintenance of Lots & Improvement. The owner of each lot in the Development shall at all times maintain the lot and any improvements situated thereon in such a manner so as to prevent said lot or improvements from becoming unsightly, as determined by the Board of Directors; and specifically, such owner shall:
Remove all debris and rubbish from said lot.
Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of said lot.
Cut down and remove dead trees from said lot, or give permission to the Board of Directors that deadwood may be cut and removed from said lot by the Board.
Keep the exterior of all buildings or improvements to buildings constructed on said lot in such a state of repair or maintenance so as to avoid their becoming unsightly.
Each property owner shall not allow any trees to be within 15 feet of any street or road and shall keep all vegetation within 3 feet from the road less than 12 inches in height.
No tree greater than or equal to four (4) inches in diameter may be removed from any lot in the Development which has not yet had a home constructed on it without first having obtained the consent of the Board of Directors or their designated committee or committee person. Therefore, this restriction shall only apply to new home building sites.
All foundations for homes shall be constructed of concrete, block, foam block filled with concrete, or other form of aggregate.
Pole barn building. No pole barn building shall be constructed in the Development. A pole barn building is hereby defined to be a building constructed in which there are horizontal purlins and the main structure is wood members vertically set in the ground. Pole barn buildings include but are not limited to buildings which are constructed with metal or steel exteriors. The building committee will take into consideration requests for a variance on an individual basis, and Members will have the right to appeal the decision to the Board of Directors.
Section 4. Association's Right to Perform Maintenance. In the event that the owner of any lot in the Development shall fail to maintain said lot or any improvements situated thereon in accordance with the provisions of these By-Laws and Restrictions of Spin Lake, the Association shall have the right, that 30 days after written notification to the lot owner, through its agents or contractors, to enter the property, to repair, mow, cut down, clean, remove deadwood or debris, or take any other action, as may be reasonably necessary to make such lot and improvements conform to the requirements of the Spin Lake By-Laws and Declaration of Restrictions. Any and all costs incurred by action under this Section shall be the responsibility of the lot owner and shall be considered as a special assessment subject to lien as sent forth in Article III Section 2 of these Restrictions.
Section 5. Character of Home. Only one single family home may be constructed on any one lot.
Section 6. Occupancy. No property shall be occupied until it has been approved to be occupied by the McLean County Zoning Office.
Section 7. Easement. An easement over and across the first fifteen feet adjacent to any road or street in the Development is given to the Association for improving or widening any road or street in the Development, and for the furnishing of utilities and/or services generally using such right-of-way.
Article V - water service
Section 1. The authorization and conditions for providing water service to the residents of Spin Lake are set forth in the Spin Lake By-Laws Article X. The current amount for the water charge is set forth as an addendum to these Restrictions.
Section 2. If lot owners do not keep current water charges paid in full, a lien may be placed on the property, as provided for in Article III, Section 2 of these Restrictions.
Article VI - Variances
Section 1. Variances. Any Member may request that the Board of Directors of the Association grant a variance of the Restrictions imposed by Article IV, Sections 2 and 3 of these Declaration of Restrictions. Any such application shall be in writing and is subject to the rules and regulations adopted by the Board of Directors of the Association. The Board of Directors of the Association may impose restrictions on any variance granted.
Article VII - Conduct of Members and Roads
Section 1. Heavy construction vehicles (lumber trucks, concrete trucks, etc.) used in the building of a home at Spin Lake must comply with Danvers Township Road District road restrictions as to allowable operation dates and weight limits. Violators will bee reported to the appropriate authorities.
Section 2. The Association provides a private beach for members, and pays for its upkeep in weed treatment annually. The following regulations apply to treatment of weeds for private properties adjacent to the Lake:
Should a property owner wish to have the water in front of his/her lakefront property treated for weeds by the Association, he/she must be a Member of the Association, as defined in the By-Laws.
A Member wishing to have his/her lakefront property treated for weeds by the Association must contact the President of the Association IN WRITING between April 1 and May 1 each year to request treatment. A flat fee will be assessed the Member, the amount of which will be determined each year depending upon treatment costs. Payment by check must be made in advance by May 1, to be submitted to a designated Board member. The canceled check will be the Member’s receipt. Should the Member not submit his/her payment by the due date, his/her request for treatment will be considered void.
Anyone wishing to chemically treat lake water MUST have prior approval of the Board of Directors.
Property lines for lakefront lots to be treated MUST be clearly marked (i.e., brightly colored stakes, etc.) at the water’s edge PRIOR to June 1, and left in place until after the Lake has been treated. Marking of lots is the Member’s responsibility. Should a Member fail to properly mark his/her lot by June 1, that lot will not be treated, and the payment for treatment will be returned to the Member.
Article VIII - Motor Vehicle Operations/Association
Property and Roads
Section 1. On Association Roads, all motor vehicles shall be operated in a safe and prudent manner and shall only be operated by licensed personnel. The speed limit is 20 miles per hour on all association roads. The registered owner of the vehicle is responsible for the operation of the motor vehicle.
Section 2. No Motor Vehicle, ATV, Snowmobile, Moped or other recreational vehicle shall be operated on Association roads or Association property by anyone under the age of 16, nor shall any property owner allow such use by a member of their household or guest under the age of 16. No ATV, Snowmobile, Moped or other unlicensed recreational vehicle shall be operated on Association roads or Association property by anyone 16 years of age or older without that person having complied with the provisions of Section 3 of Article VIII. A first violation of this section will result in a notice being sent by certified and regular mail or personally served from the Board of Directors to the offender and the property owner advising them of the violation and demanding that the violation not continue. A second violation of this section will result in a notice being sent by certified and regular mail or personally to the offender and the property owner by the association attorney advising them that any further violation of this section will result in the appropriate legal action in the Courts of Law or Equity. The violator and the property owner will be jointly and severally liable for the costs/attorney fees associated with this second notice of violation. A violation of any of the foregoing provisions of the Article of the Declaration of Restrictions shall subject the violator and property owner to all the terms and conditions of the Declaration of Restrictions including a lien filed pursuant to Article III recorded in the Recorder of Deeds Office in McLean County, Illinois as Document No. 2004-00038787 and including the provisions of Article X which provides for the Association or any property owner to enforce the terms and conditions of the Declaration of Restrictions and recover the Association or private property owner’s reasonable attorney fees incurred in the enforcement of these Declaration of Restrictions.
Section 3. No ATV, Snowmobile, Moped or other unlicensed recreational vehicle shall be operated on Association roads or Association property by anyone 16 years of age or older unless the user has obtained approval by the Board of Directors and complies with the following:
Provide proof of insurance showing the applicant as the insured party, and the Spin Lake Homeowner’s Association as an additional insured.
Provide proof of minimum liability insurance coverage of $500,000.00.
Payment of $5.00 Annual Registration fee per applicant/authorized user.
Signature upon a waiver and acceptance of liability.
Has not previously within the last 24 months violated the Declaration of Restrictions and By-Laws of Spin Lake Property Owners Association.
Is a member in good standing with the Spin Lake Property Owners Association and has signed a written agreement to be bound by the Declaration of Restrictions and By-Laws or is a dependent of a member in good standing of the Spin Lake Property Owners Association who has signed an agreement to be bound by the Declaration of Restrictions and By-Laws.
Section 4. Upon approval by the Board of Directors and compliance with items 1 through 6 of Section 3, the authorized user agrees in writing to the following:
Not to exceed a speed of 20 miles per hour on any Association road or Association property.
To drive in a safe and responsible manner.
To follow all manufacturer’s recommendations for proper usage of the motorized vehicle.
To maintain insurance as provided in paragraphs 1 and 2 of Section 3.
To display their authorized permit on the vehicle in such a manner that it is visible to others.
To not allow unauthorized users to use the vehicle on Association roads or Association property.
To comply with the restrictions of Article IX of the Restrictions governing noise pollution.
To be subject to automatic revocation of their permit for any violation of this section and the subject to prosecution pursuant to, but limited to, the provisions of Section 2 of Article VIII of the Restrictions.
Article IX - Noise Pollution
Section 1. Noise is hereby defined as unwanted sound and excessive sound is a serious hazard to the public health.
Section 2. No person shall operate or cause or allow the operation of an off-road vehicle within the confines of the Development that is loud or raucous, that annoys, disturbs, injures, endangers, or causes an interference with the private use and enjoyment of personal and/or Association property: i.e. the comfort, health, peace and tranquility, or safety of reasonable persons while on their own property or within their own homes.
Section 3. No person shall operate or cause or allow the operation of an off-road vehicle within the confines of the Development that travel in repetitious, circuit-like routes or tracks.
Section 4. No person shall operate or cause or allow the operation of an off-road vehicle within the confines of the Development unless it is at all times equipped with an adequate muffler or other sound dissipative device which is:
In constant operation and properly maintained to prevent any excessive or usual, loud, raucous noise that disturbs the peace and tranquility of their neighbors while on their own property or within their own homes;
Free from defects which affect sound reduction;
Not modified in a manner which will amplify or increase the noise of such muffler or other sound dissipative device above that emitted by the muffler originally installed on the vehicle so as to produce excessive or unusual loud or raucous noise.
Section 5. Prior to initiating legal action with the Circuit Court of McLean County, Illinois, the Association may issue a written warning to any person, firm or entity alleged to violate the foregoing terms and conditions of this Article. Violation of this Article is hereby deemed to be a private nuisance.
Section 6. A violation of any of the foregoing provisions of this Article of the Declaration of Restrictions shall subject the violator to all the terms and conditions of the Declaration of Restrictions including but limited to the provisions of Article X which provides for the Association or any lot owner to enforce the terms and conditions of the Declaration of Restrictions and recover the Association or private lot owner’s reasonable attorney fees incurred in the enforcement of these Declaration of Restrictions.
Article X - Nature of Restrictions
Section 1. Enforcement. All of the restrictions, reservations and covenants shall run with the land and shall be binding upon all subsequent owners and all restrictions, reservations and covenants shall be enforceable by the Association and each and every lot owner by appropriate legal action in courts of law or equity. In the event that the Association or any lot owner shall resort to a court of law to enforce any of the foregoing restrictions, reservations or covenants, the lot owner or owners who have violated the same shall be liable and legally responsible for all court costs and reasonable attorney's fees incurred in the enforcement of the same. Any such court actions may be brought to restrain violations, to require corrections or modifications or to recover damages.
Section 2. The restrictions, reservations and covenants set forth herein shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date that the same are first recorded by any lot owner, after which time such covenants shall be automatically extended to successive periods of ten years, unless an instrument in writing is executed by the then record owners of a majority of the lots in the Development that have adopted these Restrictions shall have been recorded in the office of the Recorder of Deeds of McLean County, Illinois, agreeing to change said covenants in whole or in part.
Section 3. Invalidation of any provision of these Restrictions. Invalidation of any one of the foregoing restrictions, reservations, or covenant by judgment or by court order shall in no way effect any of the other provisions which shall remain in full force and effect, and a waiver or modification in any of them by the Association as to any particular lot shall not in any way limit, restrict, or bar the enforcement of them as to other lots or lot owners.
Article XI - Repeal of By-Laws
Section 1. The By-Laws of Spin Lake that were recorded in the Recorder of Deeds Office of McLean County with the Declaration of Restrictions as Document No. 933934 and all the amendments thereto recorded as Document No. 200300003687 and 200300057946 are hereby repealed and replaced by these By-Laws. These By-Laws have been adopted by Members of Spin Lake at a regular meeting of the Members of Spin Lake. Pursuant to Article VIII of the By-Laws recorded as Document No. 933934. In the event that any person who owns a lot at Spin Lake has previously signed an agreement to be bound by the By-Laws, said agreement to be bound by the By-Laws shall continue to apply to these By-Laws. The By-Laws have been modified and re-written into one comprehensive document for the convenience of the public and property owners.
FIRST AMENDMENTS TO JANUARY 1, 2005 DECLARATIONS OF RESTRICTIONS
The First Amendments that are hereinafter set forth were adopted by the Members of Spin Lake, as defined in Article III of the January 1, 2005 By-Laws of Spin Lake as recorded as Document No. 2004-00038786 in the Recorder’s Office of McLean County, Illinois, at an annual meeting of the Members of Spin Lake Property Owners Association, an Illinois not-for-profit corporation, on the 29th day of June, 2006. Except as provided herein, the Declaration of Restrictions that were effective January 1, 2005 and recorded in the Recorder of Deeds office in McLean County on November 19, 2004 as Document 2004-00038787 shall remain in full force and effect. Notice is hereby given of the First Amendments to Declaration of Restrictions effective January 1, 2005 which are as follows: