Tall Grass of Naperville
Homeowners Association
Architectural Guidelines Rules and Regulations
Revised Effective: October 10, 2014
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Table of Contents
ARTICLE I PURPOSE ........................................................................................................................ 4
ARTICLE II AUTHORITY ................................................................................................................... 4
ARTICLE III RESPONSIBILITY OF ASSOCIATION ............................................................................... 4
ARTICLE IV GOVERNMENT CONTROL ............................................................................................ 4
ARTICLE V CONFLICTING PROVISIONS ........................................................................................... 5
ARTICLE VI PROCESS FOR BOARD APPROVAL OF ARCHITECTURAL MODIFICATION APPLICATIONS
......................................................................................................................................................... 5
A.
Responsibility of the Property Owner ................................................................................. 5
B.
Submittal ............................................................................................................................. 5
C.
Required Documents ........................................................................................................... 5
D.
Review Process .................................................................................................................... 6
ARTICLE VII APPEAL OF THE TGHOA BOD DECISION ..................................................................... 7
A.
Appeal Process .................................................................................................................... 7
ARTICLE VIII VARIANCES ................................................................................................................ 7
A.
Variance Process.................................................................................................................. 7
ARTICLE IX CONSTRUCTION FOLLOWING APPLICATION APPROVAL ............................................. 8
A.
Construction following application approval ...................................................................... 8
ARTICLE X ARCHITECTURAL STANDARDS....................................................................................... 8
A.
Building Additions, Modifications, and Reconstruction ...................................................... 8
B.
Accessory Buildings and Detached Structures .................................................................... 9
C.
Gazebos ............................................................................................................................... 9
D.
Pergolas ............................................................................................................................... 9
E.
Permanent Masonry Barbecues .......................................................................................... 9
F.
Fences ................................................................................................................................ 10
G.
Patios ................................................................................................................................. 11
H.
Decks ................................................................................................................................. 11
I.
Driveways .......................................................................................................................... 11
J.
Roof Replacement ............................................................................................................. 11
K.
Siding Replacement ........................................................................................................... 11
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L.
Exterior Color Scheme ....................................................................................................... 12
M.
Hot Tubs and Spas ......................................................................................................... 12
N.
Swimming Pools ................................................................................................................ 12
O.
Sports Courts ..................................................................................................................... 13
P.
Basketball Hoop Standards................................................................................................ 13
Q.
Trampoline Standards ....................................................................................................... 14
R.
Ice Rink Standards ............................................................................................................. 14
S.
Moving Trailers .................................................................................................................. 14
T.
Antennae and Satellite Dishes ........................................................................................... 14
U.
Landscape and/or Hardscape Improvements ................................................................... 15
V. Mailboxes………………………………………………………………………………………………………………………15
ARTICLE XI MHO ON-SITE INSPECTION PROCEDURES ................................................................. 15
A.
Guidelines .......................................................................................................................... 15
B.
Inspection Reporting ......................................................................................................... 15
C.
Inspection Report Processing ............................................................................................ 15
ARTICLE XII ENFORCEMENT ......................................................................................................... 16
A.
Violation ............................................................................................................................ 16
B.
Notification ........................................................................................................................ 16
C.
Enforcement ...................................................................................................................... 16
ARTICLE XIII ENFORCEMENT POLICY............................................................................................ 16
A.
Hearing .............................................................................................................................. 16
B.
Fines for Violations of Architectural Guidelines ................................................................ 17
C.
Authority............................................................................................................................ 17
ARTICLE XIV REVISION GUIDELINES ............................................................................................. 17
A.
Revision Guidelines ........................................................................................................... 17
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ARTICLE I PURPOSE
The Tall Grass Homeowners Association (hereinafter referred to as TGHOA)
Architectural Guidelines and Rules and Regulations (hereinafter referred to as
TGAR&R) have been established to ensure that the Tall Grass subdivision remains an
attractive, harmonious residential development with continuing appeal to enhance and
preserve property values. Architectural controls and maintenance standards have been
established to achieve this objective.
ARTICLE II AUTHORITY
The TGAR&R are adopted pursuant to the Declaration of Covenants and Restrictions
for Tall Grass Homeowners Association recorded in the office of the Recorder of
Deeds of Will County, Illinois. This TGAR&R supersedes and nullifies any previous
guidelines established, barring requirements within the Tall Grass Association
Covenants and By-Laws.
ARTICLE III RESPONSIBILITY OF ASSOCIATION
The TGHOA Board of Directors (hereinafter referred to as the TGHOA BOD) bears the
responsibility for establishing, maintaining and enforcing architectural standards
within Tall Grass. The TGHOA assumes no responsibility for the following:
a.
b.
c.
d.
e.
Soil erosion or other unstable soil conditions
Compliance with governmental laws, codes or ordinances
Performance of quality work by any contractor or sub-contractor
Structural adequacy or safety of the proposed improvement or structure
Any other circumstance not specifically stated in the Association's
governing documents
ARTICLE IV GOVERNMENT CONTROL
The TGAR&R set forth the minimum requirements for compliance. If the
requirements for compliance to the TGAR&R conflict with governmental ordinances, the
governmental ordinances shall take precedence. If the requirements for compliance to
the TGAR&R are more stringent than the governmental ordinances, the
TGAR&R shall take precedence.
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ARTICLE V CONFLICTING PROVISIONS
If the TGAR&R conflict with the Declaration of Covenants and Restrictions, or any
amendments thereto, the Declaration of Covenants and Restrictions and/or the
amendments shall take precedence.
ARTICLE VI PROCESS FOR BOARD APPROVAL OF ARCHITECTURAL
MODIFICATION APPLICATIONS
A. Responsibility of the Property Owner
a. No new exterior construction or alteration of any existing structure on any
lot may be undertaken until the TGHOA BOD approves the
proposed work (This does not include normal maintenance such as
staining a deck, replacing gutters, replacing roofing materials) The
property owner assumes all costs, responsibility and risk for entering
into a contract or beginning work without the required approval of the
TGHOA BOD
b. Exterior masonry including bricks facias, stone, and chimneys must be
left in their original appearance. Painting of these architectural elements
is STRICTLY PROHIBITED
c. The City of Naperville requires building permits for certain
construction activities prior to construction, the applicant shall be
required to obtain all necessary permits
d. The TGHOA retains the right to reject any application if the
homeowner's dues are not paid in full and/or the homeowner is not in good
standing with their requirements to the homeowners association. In the
event the application is denied for this reason, the homeowner shall not
proceed with the project until approval from the TGHOA has been
granted should the homeowner ignore the denial and proceed with the
project, TGHOA does not bear any responsibility for costs that may
be incurred by the homeowner to reverse non-approved work
B. Submittal
a. The applicant shall obtain an Architectural Improvement/Modification
Application from the Tall Grass website (www.tallgrassnews.com)
or from the current TGHOA management company
b. The applicant shall complete and return the application with
supporting documents to the current management company prior to
construction
C. Required Documents
a. The applicant shall provide the TGHOA BOD with the following
information in addition to the Architectural Improvement/Modification
Application, to allow the TGHOA BOD to make a decision:
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i. Description – Description of alteration and/or sketch in details of
the proposed alteration including photos, brochures, contractor
diagrams, etc.
ii. Plans and Specifications – Submit plans and specifications drawn
to scale which show the nature, kind, shape, height, materials and
color scheme of the proposed building or structure
iii. Location – Show exact location on plat of survey of all existing
and proposed structures. This includes the setback from all
adjacent property lines
iv. Construction Schedule – Provide a schedule of when work will
begin and the estimated time of completion
v. Other Documents Provide other documents for specific
improvements as provided herein or as required by the TGHOA
BOD
vi. Site Inspections – Some applications may require an on-site
inspection by the TGHOA BOD. Such on-site inspections are
performed at the sole discretion of the TGHOA BOD and
approval of the homeowner
vii. Additional information – The TGHOA BOD reserves the right
to request additional information as deemed necessary
D. Review Process
a. Response Time – The TGHOA BOD shall review and respond within
fifteen (15) days. The review period does not commence until all
required information has been submitted, as determined by the
TGHOA management company. The TGHOA BOD's decision shall be
communicated to the homeowner via personal delivery, postal
delivery, fax or email
b. Application Not Approved – If the application is not approved, the
TGHOA BOD may suggest revisions to the application in order to
comply with the TGAR&R
c. Construction Prior to Approval – If construction precedes submission
of the application and supporting documents, the TGHOA is not held to
the fifteen (15) day response time. Further, if construction precedes
approval or approval is not granted and construction proceeds
regardless, the homeowner may be required to remove the unapproved
construction at the homeowner's sole expense within a reasonable
amount of time as determined by the TGHOA BOD pursuant to proper
notice from the TGHOA BOD or current management company.
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ARTICLE VII APPEAL OF THE TGHOA BOD DECISION
A. Appeal Process
a. Homeowner may appeal the decision of the TGHOA BOD The appeal
shall be in writing and shall state the reason(s) for appeal.
b. The appeal shall be submitted in writing to the current TGHOA
management company within forty-five (45) days of notification to the
homeowner of the TGHOA BOD's decision.
c. The appeal shall be considered at a regularly scheduled or specifically
called TGHOA BOD meeting. The TGHOA BOD shall notify the
homeowner in writing seventy-two (72) hours in advance of the date when
the TGHOA BOD will consider the appeal Notification to the homeowner
shall be by personal delivery, postal service, fax or email.
d. The meeting shall occur within forty-five (45) days of the receipt of the
appeal by the TGHOA BOD.
e. The decision of the TGHOA BOD shall be in writing and shall be final
and binding.
ARTICLE VIII VARIANCES
A. Variance Process
a. A variance is a request for an exception to the requirements of the
TGAR&R.
b. The homeowner shall submit the variance request in writing along with
any supporting documentation and information to the current management
company stating the reason(s) for the variance.
c. The current TGHOA management company shall give written notice
(including the nature of the variance request, all supporting documentation
and the date the TGHOA BOD shall review this request) to the
homeowners of the properties adjoining, contiguous to and across the
street from the homeowner's property that is requesting the variance.
d. The TGHOA BOD shall review each variance request within thirty (30)
days of the receipt of the request and will communicate their decision to
the homeowner.
e. Any homeowner of Tall Grass may submit a written opinion of the
variance request to the TGHOA BOD prior to the meeting. Additionally,
the TGHOA BOD shall discuss and receive comments from homeowners
during public session of the monthly meeting or special meeting. This
does not prohibit the TGHOA BOD from holding discussions in executive
session before reaching a decision. The decision of the TGHOA BOD
shall be in writing and shall be final and binding.
f. The TGHOA BOD shall not grant a variance from the TGAR&R unless
the decisions are based upon the evidence presented. In each specific
case, the following must be considered:
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i. The variance is in harmony with the general purpose and intent of
both the TGAR&R and the Declaration of Covenants and
Restrictions.
ii. There are unique conditions of the property or a unique situation
which makes the request for variance reasonable and necessary.
iii. The variance, if granted, will not alter the essential character of the
neighborhood.
ARTICLE IX CONSTRUCTION FOLLOWING APPLICATION
APPROVAL
A. Construction following application approval
a. Construction shall not begin until the homeowner has received written
approval from the TGHOA BOD, via the current management company.
b. All approved construction and alterations must be completed within one
(1) year from the date the application was approved by the TGHOA BOD.
c. Construction materials may be stored externally for a period not to exceed
ninety (90) days.
d. Construction debris shall be placed in sturdy and durable containers. All
excess building materials must be stored in an orderly fashion and all
scraps picked up daily at the end of each workday and placed in
containers. No debris may be left outside the building unless it is placed in
a container.
e. Construction materials and/or construction debris may not be placed on
any other lot or common area without express written permission of the
owner on record for that area/lot. The homeowner shall be required to
provide a copy of the written agreement to the TGHOA.
f. For large projects, protective fencing must be placed around the side of the
house that is being utilized to move materials to the back yard. The
homeowner is responsible for repairing any damage done to the lawn or
landscaping in the process of construction.
ARTICLE X ARCHITECTURAL STANDARDS
A. Building Additions, Modifications, and Reconstruction
a. All exterior room additions, modifications, and reconstruction, including
porches, sunrooms, gazebos, pergolas, patios and decks must be of similar
or compatible style and materials as the existing structure and shall
comply with the architectural standards for said lot as set forth in the
Declaration of Covenants and Restrictions and TGAR&R.
b. All exterior additions, modifications, and reconstruction shall be in
harmony with the confines of the subdivision.
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c. Exterior masonry including bricks facias, stone, and chimneys must be
left in their original appearance. Painting of these architectural elements
is STRICTLY PROHIBITED
B. Accessory Buildings and Detached Structures
a. All accessory buildings or structures except gazebos shall be located
adjacent to the rear of the dwelling unit or garage on any lot in Tall
Grass and shall be finished in such a manner as to blend visually with
the dwelling unit.
b. All permanent structures shall not exceed ten (10) feet in height.
c. No sheds, barns, storage structures, doghouses, dog runs, or other
structures are allowed on any lot except as set forth below.
d. Gazebos, pergolas, and permanent masonry barbecues shall be permitted
as accessory buildings or detached structures
C. Gazebos
a. The following restrictions shall apply for gazebos:
i. City permits as required.
ii. Gazebos shall not exceed ten (10) feet in height.
iii. Gazebos shall be roofed in material suitable for a residence.
iv. Gazebos shall be open or have windows or screens on all sides.
v. Gazebos shall be made of natural wood or simulated wood
materials.
vi. Gazebos shall be placed no closer than ten (10) feet from any side
property line, and ten (10) feet from the rear property line.
vii. Gazebos shall not exceed sixteen (16) feet in diameter or sixteen
(16) feet on any one side, depth or width.
viii. Gazebos shall only be located in the rear yard of any lot.
ix. Gazebos shall have concrete footings.
D. Pergolas
a. The following restrictions shall apply for pergolas:
i. City permits as required.
ii. Pergolas shall not exceed ten (10) feet in height.
iii. Pergolas shall not have a closed roof either arched or flat.
iv. Pergolas must have a slatted roof using natural wood or simulated
wood materials.
v. Pergolas shall not have any side walls.
vi. Pergolas shall not exceed sixteen (16) feet on any one side, length
or width.
E. Permanent Masonry Barbecues
a. The following restrictions shall apply for permanent masonry barbecues:
i. City permits as required.
ii. Barbecues shall be of brick or stone.
iii. Barbecues shall be placed near the residence and no closer than
twenty (20') feet from the property line.
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iv. Barbecues shall be placed on a concrete slab.
v. Barbecues shall only be located in the rear yard of the lot.
F. Fences
Article VI, Section 2 of the Declaration of Covenants and Restrictions for Tall
Grass cites: No metal (as defined herein) or stockade fences are permitted (See
Article VII, Section 12, for fence restrictions and limitations). Unacceptable metal
fences are defined to be metal fences composed of wire mesh (or material commonly
described as "cyclone"). Metal fences of other designs are subject to the
approval of the Homeowners Association when such fences present an
ornamental appearance consistent with the integrity of Tall Grass.
Article VII, Section 12 of the Declaration of Covenants and Restrictions for Tall
Grass cites: Except for property owned and/or maintained by or on behalf of the
Homeowner's Association, no cyclone or stockade fences shall be erected on any lot.
All fences shall have a maximum height limitation of four feet except where required by
local municipal ordinances to be higher. All fences must go through architectural
approval and be approved by the Architectural Review Committee, which may deny
fencing that in its opinion is made of material which is not suitable or desirable for Tall
Grass based on aesthetic considerations or other factors.
a. Definitions
i. Yard shall be defined as the area between the residence and the
front, rear or side property lines of the lot.
ii. Fences shall be defined as any enclosure erected in the yard,
including traditional fences, arbors and trellises.
iii. Cyclone fences are also known as chain-link fences.
iv. Stockade fences are also known as closed-slate fences, where no
open space occurs between fence slats.
b. Specifications: Perimeter fencing is permitted along the side and rear
property lines provided that:
i. City permits as required.
ii. Fence must follow the side and rear lot lines, including a side lot
set back requirement of a minimum of five (5) feet from the
sidewalk on corner lots.
iii. Fences must not extend into any storm water management system
within the Tall Grass subdivision.
iv. Fences must originate and end with the main residence, meeting
with the house at the rear and corner of the residence or at a point
along the side that is no more than half the depth of the home
(known as the 50% rule).
v. The distance between fence slates must be no more than 4” and no
less than 2” a part.
vi. Fences must follow the natural ground contour. No stepping
perimeter is permitted.
vii. No portion of the fence can exceed four and a half (4.5) feet in
height at its highest point Fence posts and decorative caps must not
exceed five (5) feet in height.
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viii.
ix.
x.
xi.
xii.
The fence height is measured from grade (ground) to the highest
point of the fence posts are measured separately from grade level.
Fences must be kept well maintained at all times.
Fence construction shall not commence until approval has been
granted by the TGHOA.
Final fence approval is contingent upon inspection following the
fence installation.
No fences shall be erected, installed or maintained in any landscape
easement and must be 4” from the easement.
G. Patios
a. City permits as required (Patios under 500 square feet do not need city
approval).
b. Patios shall be attached to the residence.
c. Patios shall be of brick or stone.
d. Seat walls shall not exceed 36”.
e. Fireplaces built into and/or as part of patios need city permits as required.
H. Decks
a.
b.
c.
d.
City permits as required.
Decks shall be attached to the residence.
Decks shall have concrete footings.
Decks shall be constructed of cedar, redwood, pressure treated lumber,
approved plastic, or extruded composite lumber.
e. The color of the deck shall be in earth tones, white, or be left natural colors
that compliment exterior surface colors of the dwelling.
I. Driveways
a. Driveways cannot be altered in shape or color from the originally installed
driveway without written approval from the TGHOA.
b. Driveways shall comply with the architectural standards for said lot as set
forth in the Declaration of Covenants and Restrictions.
c. Driveways shall only be made of asphalt, concrete, brick, block, or pavers.
J. Roof Replacement
a. Roofing cannot be altered in shape, color or material from the originally
installed roof without written approval from the TGHOA.
b. Roofing shall comply with the architectural standards for said lot as set
forth in the Declaration of Covenants and Restrictions.
K. Siding Replacement
a. All cedar, brick or any combination of brick and cedar is acceptable.
b. Aluminum or Vinyl simulated cedar siding is acceptable if the home was
original constructed with said materials.
c. Aluminum or Vinyl, providing at least the entire front elevation is Masonry,
including returns, but excluding bays, dormers, alcoves. Cantilevers and
recessed walls above the first floor need not be masonry.
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d. Siding cannot be altered in shape, color or material from the originally
installed siding without written approval from the TGHOA.
e. Siding shall comply with the architectural standards for said lot as set forth
in the Declaration of Covenants and Restrictions.
L. Exterior Color Scheme
a. Buildings and structures, including gazebos, pergolas, decks and sunrooms
cannot be altered from the original color scheme without written approval
from the TGHOA.
b. Exterior masonry including bricks facias, stone, and chimneys must be
left in their original appearance. Painting of these architectural elements
is STRICTLY PROHIBITED
M. Hot Tubs and Spas
a. City permits as required.
b. Hot tubs or spas must be incorporated into the deck or patio, but hot tubs
may not be more than fifteen feet (15’) from the rear wall of the dwelling.
c. Hot tubs or spas must be concealed from view of neighboring homes by
landscaping and/or screens.
N. Swimming Pools
Per the Declarations of Covenants and Restrictions for Tall Grass, no aboveground pools are allowed and all in-ground pools require approval from the
Homeowners Association.
When submitting an application for the construction of an in-ground swimming pool,
the homeowner shall also include the application(s) for proposed fences and
decking. Because landscaping is an integral part of a swimming pool environment, the
proposed landscaping plan must also be submitted with the pool plan.
All in-ground pools must meet the following requirements:
a. Pools may only be installed in the rear yard.
b. The pool must meet all governmental regulations, including city permit
requirements.
c. The pool must be protected by fencing, which must be approved and
comply with the requirements as defined in Article VII, Section B above,
the Association Covenants, and city ordinances.
d. All pools must be located a minimum setback of at least TEN (10') feet
from any adjacent lot line.
e. Landscaping must be installed around the property perimeter Landscaping
must be planted or already dense enough to block direct view of the pool
area by adjacent lots and/or directly from street (where applicable).
f. The pool and any surrounding pool deck may not have a footprint that is
larger than 25% of the total rear lot size.
g. The pool surface must be blue, white, light green or a natural color and
shall complement the property home color, or approved by the HOA.
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h. All pool mechanicals must be covered by skirting, lattice or natural
landscape providing year round coverage, with capacity to block at least
50% of the mechanicals from the viewpoint of the side and rear lot lines at
ground level. Wood facing or wood skirting may consist of natural or
simulated wood products.
i. Approval of in-ground pools is subject to inspection upon
completion of installation.
Once installed, the following rules apply to all in-ground pools:
a. All pools must be maintained in accordance with the manufacturer's
operating instructions and local health regulations.
b. The pool and surrounding area must be kept in a presentable condition
so there is no sign of rust or disrepair visible from any adjacent lot.
c. The pool must be kept in working order each season. In the
event the homeowner no longer desires the pool, the homeowner shall
remove the entire pool and deck, fill the hole and ensure that the lot
is seeded or sodded in accordance with guidelines listed herein for sod
or seed grass.
d. The homeowner is responsible for ensuring that any lights and noise
from the pool are not active or present past 10:00pm CST, or
according to City of Naperville Noise Code Ordinance(s).
e. Any outdoor lighting of the pool shall be directed towards the respective
property, at greater than 45 degrees away from any adjacent lots.
O. Sports Courts
a. Sport court should be located 15’ from property line or any permanent
structure.
b. Court material should be a non-fading and sound deadening.
c. Court material should be natural in color: no fluorescents or pastels.
d. All standard submission requirements must be followed as with any other
modification including, but not limited to design, sample materials,
elevation, permits, etc.
e. Landscape modification must be submitted and approved by the HOA.
f. Modifications may be required due to size and layout of lot.
g. Homeowner is required to provide copy of final inspection by City of
Naperville within 10 days of receipt.
P. Basketball Hoop Standards
a. All permanent and/or portable Basketball Hoop structures must comply
with the following rules:
i. Cannot be permanently placed in parkways, sidewalk or other
common areas such as cul-de-sac islands.
ii. Must be stabilized by using manufacturer approved/furnished
products e.g. filling the base with proper liquids or sand. Cannot
stabilize by using bricks, rocks, sand bags or other unsightly
objects.
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iii. Must be properly maintained - any disrepair must be repaired or
disposed.
iv. When not in use units must be stored out of public view.
Q. Trampoline Standards
a. No trampoline may be installed, permanently or temporarily, without
written application to the board and the board’s approval. The application
should include the make and model of the trampoline, its dimensions, and
the proposed installation location on a plat of survey.
b. Trampolines must be maintained and in good working order. Trampolines
that are unsightly, torn, broken, or in disrepair will not be permitted.
c. All grass and landscaping in and around the trampoline must be cut and
edged.
d. All trampolines will require a 10 foot setback from property lines and
easements. No trampolines will be permitted in parkways or easements.
e. Trampolines are restricted to the back yard unless otherwise determined
by the board in their sole discretion.
R. Ice Rink Standards
a. Material and construction must be of professional grade and blend with
the surroundings with a white liner.
b. Sideboards may not exceed 24 inches in height from grade.
c. Rink must be at least 10 feet off property line.
d. Rink and all construction materials must be removed at full thaw but no
later than March 31.
e. Homeowners will have to submit an architectural review application each
year prior to construction to avoid fines and follow changes in guidelines.
f. In its place a 10 foot set-back is required. Any ice rink will NOT be
approved if deviated from the 10 foot set-back UNLESS a fence and/or
landscaping is in place.
S. Moving Trailers
a. Temporary or portable storage trailers, such as "PODS" or other units
designed to store and ship personal belongs during move-in and move-out
events, are permitted in Tall Grass for a period of up to seven (7) days in
accordance with the city municipal code Title 6, Chapter 2, Section 11.
These portable storage trailers must be placed between the sidewalk and
the residence with enough clearance to not create a blind spot causing a
safety concern for pedestrians or cyclists using the sidewalk.
T. Antennae and Satellite Dishes
a. Per the Declaration of Covenants and Restrictions, Article VII, Section 10:
No exterior television antennas, radio antennas, or lights of any type
whatsoever shall be erected or installed and maintained, temporarily or
permanently, except such antennas or lights which shall be erected or
installed as approved by the Homeowners Association.
b. All television satellite dishes may not exceed one (1) meter (approximately
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39 inches) in diameter Satellite dishes may be installed in the rear yard of
a dwelling unit if screened by landscaping and safely located Satellite
dishes attached to a dwelling unit should be located in the rear of the
dwelling unit if at all possible. All satellite dishes must be located for
minimal visibility from the street. All television satellite dishes and
their location must be approved by the Homeowners Association prior
to installation. All approvals must be in writing.
c. In the event that the TGHOA guidelines are in direct conflict with
FCC regulations governing this area, the FCC guidelines shall prevail.
U. Landscape and/or Hardscape Improvements
a. The homeowner, when making landscaping and/or hardscaping
improvements to their home will not exceed 50% of the total lot size.
Hardscape includes, but is not limited to, pools, ponds, patios, decks,
fountains, etc. Landscape includes, but is not limited to: trees, bushes, and
any annual or perennial plant material.
b. Landscaping and/or hardscaping totaling 25% to 50% of total lot size shall
be reviewed and approved by the TG HOA Board.
V. Mailboxes
a. Masonry, metal, and other constructed mailboxes must be approved by the
Architectural Review Committee. No plastic mailboxes are allowed. If
you currently have a plastic mailbox, please consider replacing it.
ARTICLE XI MHO ON-SITE INSPECTION PROCEDURES
The current management company will make monthly inspections of the entire Tall
Grass subdivision.
A. Guidelines
a. Each street is to be marked off on a subdivision plat as inspected
and included in the inspection report.
b. All inspections shall be made from the street or sidewalk. No entry
shall be made on the homeowner's property (including landscape or water
detention easements).
B. Inspection Reporting
a. Each violation will be reported on the violation report document.
b. Each violation shall have a picture of the violation taken from the
inspector's viewpoint.
C. Inspection Report Processing
a. The completed inspection report will be distributed to all Board
members prior to the next scheduled Board meeting for executive
session review.
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ARTICLE XII ENFORCEMENT
A. Violation
a. It shall be a violation for the owner of any lot within the Tall Grass
subdivision to violate, disobey, neglect, omit, resist or refuse to comply
with the enforcement of any of the provisions of the Tall Grass
Architectural Rules & Regulations ("TGAR&R").
B. Notification
a. Homeowner shall be notified by the TGHOA BOD of any violation of
the TGAR&R via U S Mail. The homeowner shall have ten (10) days
after receipt of notice, or may request a hearing within the ten (10) day
time frame, to:
i. Eliminate any violation of these TGAR&R, or;
ii. Submit in writing to the current management company a plan to
eliminate the violation within thirty (30) days receipt of the initial
notice.
iii. This option shall not apply to violations involving trash
receptacles, debris or lawn bags.
C. Enforcement
a. Enforcement of these TGAR&R shall follow procedures and terms set
forth in the TGHOA Declaration of Covenants and Restrictions.
ARTICLE XIII ENFORCEMENT POLICY
A. Hearing
a. Any homeowner charged with a violation may challenge the notice of
violation and submit a written request for a hearing before the TGHOA
BOD.
b. Any failure by the homeowner to appear will result in a default ruling
against the homeowner.
c. The TGHOA BOD shall hear and consider arguments, evidence or
statements from the homeowner regarding the violation. After the hearing,
the TGHOA BOD shall state its findings regarding the violation. The
decision of the TGHOA BOD shall be final and binding.
d. The TGHOA BOD shall notify the homeowner of its decision via U.S.
Mail or personal delivery. Upon finding the homeowner in violation, the
homeowner shall remedy the violation(s) and pay all fines assessed within
thirty (30) days of the notification. Failure to remedy the violation and
make full payment within the thirty (30) day period shall subject the
homeowner to all legal and equitable remedies available under the laws of
the State of Illinois.
e. The TGHOA BOD reserves its right to pursue any and all legal and
equitable remedies to compel enforcement.
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f. Any violation that implicates a City of Naperville ordinance shall be
referred to the City of Naperville as well.
B. Fines for Violations of Architectural Guidelines
a. Violations shall result in the imposition of the following fines, in
accordance with the Fining Resolutions passed and published by the Tall
Grass Board of Directors on July 12th, 2005. Any expense incurred by the
TGHOA resulting from a homeowner violation shall be the sole
responsibility of the homeowner, including but not limited to legal fees
and costs.
b. Fine and notification schedule per violation:
i. First Notice – Courtesy Letter – warning, no fine. Should a
violation occur, a first notice will be issued. As long as the
violation is cured within the specified time period in the letter, no
fine shall be levied and the violation will be closed.
ii. Second Notice – Notice of Violation – fine. Should the violation
still persist after the time period has expired in the first notice, a
Notice of Violation will be issued and you will be invited to attend
a Violation Hearing. A $50.00 fine may be levied to your account.
Additionally, a $10.00 per day fine may be assessed to your
account should the violation persist and will continue to be accrued
until the violation is cured.
c. If violation fee(s) reach a cumulative total of $500.00, the TGHOA
BOD may seek legal remedy to bring the homeowner into compliance.
C. Authority
a. The TGHOA Board of Directors has the authority to levy the
aforementioned fines against a homeowner who fails to comply with the
requirements of the Declaration of Covenants and the TGAR&R. All
fines shall be collected in a manner similar to unpaid assessments.
ARTICLE XIV REVISION GUIDELINES
A. Revision Guidelines
a. The Rules & Regulations Committee may recommend modifications,
changes or rescissions to the TGHOA BOB.
b. The TGHOA BOD shall seek TGHOA legal counsel advice before
presenting any modifications, changes or rescissions to the homeowners.
c. Prior to voting on any modifications, changes or rescissions, the TGHOA
BOD will give ten (10) days written notice to each homeowner informing
them of the proposed modification, change or rescission by U S Mail.
After ten (10) days written notice has been given, the TGHOA BOD will
take public comment at a regularly scheduled monthly meeting.
d. The TGAR&R may be modified, changed or rescinded by the TGHOA
BOD of the TGHOA.
e. Such modification, change or rescission shall be set forth in writing.
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