LisaS: Follow/Up to your January2006 Posting

Started by ReneeD • 4 replies • 1939 views

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ReneeD (Illinois)
Posts: 201

Posted:

ReneeD
Posts:30
Posted:03/01/2006 6:26 PM Quote Reply
Lisa, I am pasting an earlier posting from you below where you mention it is important to know which you are e.g., PUD or community. I have used the global search feature on our Decs/Bylaws, Rules and Regulations and can find no reference remotely related to this term. I even called my mortgage lender and asked if there is a PUD rider associated to the loan I have with them --nada. Where else to look? Ultimately if we are not a PUD then what obligations are you referring as a "community"?

The other reason why I ask is would this have any effect on a homeowner's ability to remodel their home with a "bay" style window. Currently, the only restriction for architectural improvements is that windows must have muttens and any improvements are the sole responsibility of the homeowner. I don't understand why the BOD would deny that homeowner's application. -ReneeD

LisaS
Posts:173
Posted:01/17/2006 6:08 PM Quote Reply
In Illinois we have had a rash of new construction. Our state laws differentiate between obligations as a Planned Unit Development (PUD) and as a 'community'. here, it is important to know which you are.

LisaS (Illinois)
Posts: 341

Posted:

If you look at your Declaration, it should state right in it whether you are a PUD or not (if it is not stated, you are probably not). As well, you should be able to check with the town that the property is located in (they have to approve the PUD).

As for the bay window...I will assume that your Declaration requires approval of some sort of "Architectural Review" committee or the like. Generally speaking, it is at the discretion of this committee as to whether they approve projects. Our Declaration states it is at the discretion of the Architectural Review Committee as to whether a project is approved, and that it must be in 'archirectural harmony'. As we all know, that is pretty subjective.

Hope it helps, if not...ask away.

Lisa

LisaS (Illinois)
Posts: 341

Posted:

Sorry..missed the 'community' question.

We follow our covenants as written, file tax returns, follow rules as non-profit corporation, etc.

As a side note, Rep. Tom Cross (Oswego) currently is sponsoring a bill in Illinois to change the status of HOA's like mine. It would basically be an Illinois HOA Act for those exempt from the Condo Act. Interesting to see where it goes. Most of it is fair. It's available on his web site to review.

ReneeD (Illinois)
Posts: 201

Posted:

Thanks, Lisa, for this info....I checked our Decs/Bylaws to be certain and it is not mentioned; however, I checked with our Village and zoning maps and it lists our subdivision as an R-4 P.U.D. I've left several messages and still have not heard back from them. Have you any idea what is an R-4?

Also, I checked the definition of a P.U.D. and it says it is a designed grouping of varied and compatible land uses all within one contained development or subdivision. PUDs tend to incorporate single-family residential uses within close proximity to two-family units and multiple-family dwellings to form a larger diversified neighborhood concept and often include to access to a large shared open space surrounding the house as well as a smaller private yard.

Based on this definition, I would say we are not a PUD because there are no two-family units or detached single-family homes---we are only fee-simple, attached family dwellings. Which document takes precedence? Ours or the Village? Would it make sense for the association instead of the lawyer to approach the Village on this rather than a homeowner? -Renee

LisaS (Illinois)
Posts: 341

Posted:

R-4 means high density residential housing. A PUD is basically what it sounds like: Planned unit development. Townhouses are a planned community (i.e. building and units are preplanned as certain models, green ways planned, parks, etc.)

I apologize profusely...I did not realize that you were asking for info regarding townhomes.... (I think I might have lost track). I don't know of any townhome or condo that isn't a PUD.

This means that you are subject to the Illinois Condominium Property Act.

Lisa

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