Bylaws – Lake Shores Homeowners Association

BYLAWS AND INDEX OF ARTICLES

INTRODUCTION

The Lakes Shores Homeowners Association is an Illinois not-for-profit corporation which was officially chartered on June 30, 1970.

The Association is made up of all owners of real property located in the Lake Shores Addition to the City of Danville. At the time of formation, this included the First and Second Additions as recorded in Plat Record 8, page 594 and Plat Record 9, page 231. All subsequent Lake Shores additions are also automatically included by the Developer.

The purposes of the Association as described in the “Declaration of Additional Covenants and Restrictions” are-

To promote the continued development of the residential community including the acquisition of property or other common facilities for the common benefit of its members, and

To preserve the values and amenities in this subdivision, including the maintenance of its common property or facilities.

This booklet is issued to all members in an attempt to acquaint you with the Association and its goals and to provide you with the highlights of its brief history. Your directors would also like to encourage all members to bring suggestions for its improvement to their attention.

HISTORY

Although the subdivision is several years old, the formal organization began in November 1969. At that time, a meeting was held to see if there would be enough interest among the residents to support such a group. Twenty-two residents were present along with Art Fleming, developer of the area, who discussed prior meetings of the homeowners. Discussion at this meeting centered around membership, voting rights and assessments, which had been major stumbling blocks in the past. A committee of Messrs. DeWeese, Gallinat, Glavey, Lowenstein, and Stauder was appointed to represent the homeowners at a work session to be held November 24, 1969 with Mr. Fleming in an effort to make new recommendations.

On December 10, 1969, the next general meeting was held with 24 residents present. The committee presented 4 major proposals concerning organization:

1. There should be only 1 class of voting membership.

2. The Board of Directors should consist of 5 members, 3 of whom must be “residents” of the subdivision.

3. The maximum annual assessment should be $25.00 per year.

4. The “Declaration of Additional Covenants and Restrictions” should be recorded and all property described therein shall be subject to them.

All of the above recommendations were approved by the homeowners present.

Mr. Fleming then presented a proposal for re-zoning the eastern portion of the subdivision to include multi-family units for that area and asked for the support of the group. General agreement was reached that there be maintained a ratio of 3 single- family units to each multi-family dwelling unit. The present plot plan showed total estimated lots to be 149, and 22 lots for multi-family structures. All of these units would be located on a proposed street running parallel to Route 1 – 12 lots on the east side and 10 on the west side. After discussion it was agreed that the 2 lots facing Lake Shore Dr. (adjacent to lots 28 & 29) should remain as single-family units – leaving a total of 129 lots for single-family dwellings. Mr. Fleming then presented a preliminary plan calling for the 8 lots on the west side of the proposed street (now Shorewood Dr. North) to be used for duplexes and the 12 on the east side for multi-family units.

During April and May of 1970, signatures were obtained from 47 of the 50 residents of Lake Shores indicating a desire to formally organize. The proposed Articles of Incorporation were approved by the State of Illinois, and a Certificate of Incorporation was issued on June 30, 1970. On July 2, 1970, this document and the “Declaration of Additional Covenants and Restrictions” were recorded at the Vermilion County offices. The formal organizational meeting was held August 13, 1970, with a total of 43 residents in attendance. The by-laws were approved and the first Board of Directors was elected. All expenses of organizing were paid by the Developer, except for time donated by the committee and interested residents.

During the next few months, several attempts were made to meet with representatives of the Interstate Water Co. in order to obtain either an easement covering the lake front property at the extreme west end of Lake Shore Dr., or a lease on the property generally described as the “Sportsmen’s Club” property. This would have included land immediately west of the subdivision down to the lake front and including the old boat launching area. Since no formal reply was ever received from Interstate, the Board finally abandoned the idea of a lease arrangement and began to formalize a program for the development of out lot C that Mr. Fleming had donated to the Association.

At the next regular annual meeting held December 3, 1970, a recommendation from the Board of Directors that they investigate the possible financing and construction of a swimming pool was presented and discussed. While a bare majority was in favor of pursuing the idea, the Board followed up on it and presented a specific proposal at a special meeting held May 19, 1971. They also offered an alternative plan calling for the installation of an all-purpose court, playground equipment and additional picnic facilities, as well as a dock or marina facility. This was easily the most lively of all the Association’s meetings and although both proposals were defeated, the Board was instructed to proceed with the boat docks, playground equipment, walkway down to the beach area and picnic facilities – keeping in mind that the natural beauty of the property should be maintained wherever possible. These improvements would be made using the original $10,000 contributed by the Developer and funds available from the annual dues, but no capital assessments were to be considered. It is expected that most these projects will be completed by the summer of 1972.

DECLARATION OF ADDITIONAL COVENANTS AND RESTRICTIONS
(Recorded 7-2-70)

The following are excerpts from the formal document, which can be reviewed by making arrangements with the Secretary of the Association or at the Vermilion County, Illinois Recorder’s Office. In many cases, the exact wording is not used, as we are only attempting to show basic content of the document. References to Article # or Section # are the same as those appearing on the original document.

Article I – Definitions

(a) “Association”-refers to the Lake Shores Homeowners Association, Inc.

(b) “Properties”-refers to existing properties (Art. II) and additions thereto.

(c) “Common properties”- refers to those areas of land intended to be devoted to the common use and enjoyment of the owners of such properties.

(d) “Lot”-shall mean any plot of land shown upon any recorded subdivision map with the exception of common properties.

(e) “Out lot”-shall mean any plot of land shown as such recorded map of the subdivision.

(f) “Dwelling unit”-shall mean any portion of a building defined and intended for use and occupancy as a residence by a single family.

(g) “Multi-family structure”-shall mean any building containing two or more dwelling units under one roof except when each such dwelling unit is situated upon on its own individual lot.

(h) “Owner”-shall mean the record title owner, whether one or more persons, of the fee simple title to any lot or dwelling unit situated upon the properties.

Article II – Property Subject to this Declaration

Section 1 – Existing Property – The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Section 29, Township 20 North, Range 11, West of the Second P.M. in Vermilion County, Illinois.

Section 2 – Additions to Existing Property – Additional lands may become subject to this Declaration in the following manner:

(a) Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation, the owner of any property who is desirous of adding it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions which shall extend the scheme of the covenants and restrictions of this Declaration to such property.

(b) Upon merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the property rights and obligations of the Association as a surviving corporation pursuant to merger.

Article III – Membership & Voting Rights

Section 1 – Membership – every person or entity that is a record owner of a fee interest in any lot that is part of the properties.

Section 2 – Voting Rights – members shall be entitled to one vote for each lot or dwelling unit which they own. When more than one person is owner, the vote shall be as they determine, but in no event shall there be more than one vote cast for any lot or dwelling unit.

Article IV – Assessments

Section 1 – The declarant or owners of each dwelling unit owned within the properties of the Lake Shores subdivisions agree to pay the annual and special assessments of the association with one assessment to be paid for each dwelling unit and one assessment for each vacant lot. Each assessment together with such interest and collection expense hereinafter provided shall be the personal obligation of the person who was the owner of said described property at the time the assessment fell due.

Section 3 –Annual assessments – Beginning February 1, 2020 the annual assessment shall not exceed $50.00 per dwelling unit. The Board of Directors may fix the actual assessment for any year at a lesser amount

Section 4 – Special Assessments – may be levied by the Association, PROVIDED that such assessment be approved by two-thirds of its membership, voting at a meeting duly called for this purpose, with written notice setting forth the purpose of the meeting to all members at least thirty (30) days in advance.

Section 5 – Change in Basis and Maximum of Annual Assessments –

Subject to the limitations of Section 3 hereof, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof for any such period PROVIDED THAT any such change shall have the assent of two-thirds of its membership, voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be given to all members at least thirty (30) days in advance.

Section 6 – Quorum for Any Action Under Sections 4 & 5 – The quorum required for any action authorized by Sections 4 & 5 hereof shall be as follows:

At the first meeting called, as provided in Sections 4 & 5 hereof, the presence at the meeting of members, or of proxies, entitled to cast sixty (60) percent of all votes of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 & 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, PROVIDED THAT no such meeting shall be held more than sixty (60) days following the preceding meeting.

Section 7 – Date of Commencement of Annual Assessments – the annual assessment shall become due and payable on February 1 of said year. The due date of special assessments shall be fixed in the resolution authorizing such assessment.

Section 9 – Non-payment of Assessments – assessments not paid on the date due shall become delinquent and shall, together with interest thereon and cost of collection, become a continuing lien on the property, and a personal obligation of the then owner. If not paid within 90 days after the delinquency date, the assessment shall be increased by $10 per month for each month delinquent and the Association may bring an action at law. If a judgment is obtained, it shall include both non-payment fees as above provided and a reasonable attorney’s fee to be fixed by the Court together with the costs of the action. (Eff. 1-1-05)

Article V – General Provisions

The covenants and restrictions of the Declaration shall run with and bind the land, for a term of ten (10) years from the date of this Declaration, and shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants and restrictions – PROVIDED, however, that no such agreement to change shall be effective unless made and recorded one (1) year in advance of the effective date of such change.

BY-LAWS
Article I – Definitions
See Definitions

Article II – Location of Resident Agent
Not specified at this time.

Article III – Membership
Section 1 – See Article III, Section 1 of the Covenants.

Section 2 – The rights of membership are subject to the payment of annual and special assessments as provided in Article IV of the Covenants.

Section 3 – Membership rights may be suspended by action of the Directors during the period when assessments remain unpaid, but shall be automatically restored upon payment.

Article IV – Voting Rights
Same as Article III, Section 2 of the Covenants.

Article V – Property Rights and Rights of Enjoyment
Each member shall be entitled to the use and enjoyment of the common property and facilities of the Association, subject to the following:

(1) The right of the Association, as provided in its Articles and By-Laws to suspend the rights and privileges of any member for any period during which any assessment (to which his interest is subject) remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; and

(2) The right of the Association to charge reasonable admission and other fees for the use of any facility situated upon the described common areas.

Article VI – Association Purposes
See Introduction page.

Article VII – Board of Directors
Section 1 – The affairs of the Corporation shall be managed by a board of five (5) Directors, of whom at least three (3) shall be “resident owners” and members of the Corporation and shall be elected for a two (2) year term except as provided in Section 2 of this Article.

Section 2 – Applied only to first election held.

Section 3 – Vacancies on the Board of Directors shall be filled by the remaining Directors, any such appointed Director to hold office until his successor is elected by the members, who may make such election at the next annual meeting of the members or at any special meeting duly called for that purpose.

Section 4 – The Board of Directors shall have the power:

(a) To call special meetings of the members whenever it deems necessary and it shall call a meeting at any time upon written request of one-fourth of the voting membership.

(b) To appoint, remove and fix compensation and duties of all officers, agents and employees of the Association.

(d) To adopt and publish rules and regulations governing the use of the common properties and facilities and the personal conduct of the members and their guests thereon.

(e) To exercise for the Association all powers, duties and authority vested in or delegated to this Association.

Section 5 – It shall be the duty of the Board of Directors:

(a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting or when such is requested in writing by one-fourth (1/4) of the voting membership.

(b) To supervise all officers, agents and employees of the Association and to see that their duties are properly performed.

(1) To fix the amount of the assessment against each lot for each

assessment period a least thirty (30) days in advance of such date or period and at the same time;

(2) To prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member, and, at the same time;

(3) To send written notice of each assessment to every owner subject thereto.

(d) To issue upon demand a certificate setting forth whether any assessment has been paid.

Article VIII – Directors’ Meetings
To be determined by the Directors.

Article IX – Meetings of Members
Section 1 – The regular annual meeting of the members shall be held during the first quarter at an evening hour.

Section 2 – Special meetings of the members for any purpose may be called at any time by any two or more of the Board of Directors, or upon written request of the members who have a right to vote or one-fourth (1/4) of the entire membership who have a right to vote.

Section 3 – Notice of the annual and special meetings shall be given to the membership in writing by the Secretary. Notice may be given to the membership either personally or by sending a copy of the notice through the mail. Each member shall register his address with the Secretary and notices of meetings shall be mailed to the member at such address. Notice of any meeting, regular or special, shall be given or sent at least six (6) days in advance of the meeting and shall set forth in general the nature of the business to be transacted, provided however, that if the business of any meeting shall involve any change in the basis or maximum amount of assessments set forth in Article IV of the Covenants, notice of such meeting shall be given or sent as therein provided.

Section 4 – The presence at the meeting of members entitled to cast, or of proxies entitled to cast, representing one-tenth (1/10) of the votes of the entire membership shall constitute a quorum for any action governed by these by-laws.

Any action governed by the Articles of Incorporation or by the Covenants applicable to the properties shall require a quorum as therein provided.

Section 5 – Roberts Rules of Order shall be used at the pleasure of the Directors.

Article X – Officers
Section 1 – The officers shall be a president, a vice-president, a secretary and a treasurer. The president and the vice-president shall be members of the Board of Directors.

Section 2 – The officers shall be chosen by majority vote of the Directors.

Section 3 – All officers shall hold office during the pleasure of the Board of Directors.

Section 4 through 8 – Description of the officers’ duties.

Article XI – Books and Papers
Books and papers of the Association shall at all times, during reasonable hours, be subject to inspection by any member.

Article XII – Proxies
Section 1 – At all corporate meetings of members, each member may vote in person or by proxy.

Section 2 – All proxies shall be in writing and filed with the secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale by the member of his home or other interest in the properties.

Article XIII – Description of the Corporate Seal
None

Article XIV – Amendments
Section 1 – These by-laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of each class of members present in person or by proxy, provided that these provisions of these by-laws which are governed by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided further that any matter stated herein to be or which is in fact governed by the Covenants and Restrictions applicable to the properties and recorded July 2, 1970, in the Office of Recorder of Deeds of Vermilion County, Illinois may not amended except as provided in such Covenants and Restrictions

Section 2 – In the case of any conflict between Articles of Incorporation and these By-laws, the Articles shall control; and in the case of any conflict between the Covenants and Restrictions applicable to the properties referred to in Section 1 and these By-laws, the Covenants and Restrictions shall control.

Article XV – Order of Business
Roll Call

Proof of Notice of Meeting

Proof of Quorum

Reading and Disposal of Unapproved Minutes

Unfinished Business

New Business

Adjournment

DEFINITIONS

For the purpose of this declaration, certain words and terms are hereby defined:

Accessory Buildings: Separate buildings or portions of the main building located on the same building site and which are incidental to the main building or to the main use of the premises. Accessory buildings shall not be used, designated or intended to be used as residences other than as quarters for domestic servants and not more than one such accessory shall contain living quarters.

Building Area: That portion of a building site within which the construction and maintenance of main buildings is permitted.

Building Site: A portion of the subdivision consisting of at least one entire lot upon which one dwelling together with accessory buildings may be built.

Dwelling: The main building on any building site. The dwelling is to be designed for and is to be used exclusively for residential purposes and is to be occupied exclusively by a single family.

Family: Any number of individuals living together as a single housekeeping unit, including domestic servants for whom, subject to provisions of this declaration, separate living quarters may be provided; but excluding the inhabitants of boarding houses, rooming houses, tourist homes, fraternities, sororities, residential clubs and homes of an institutional character.

Residence: The living unit of a single housekeeping unit or family.

Ground Floor Area: That portion of a dwelling built over a basement or foundation, but not over any other portion of the dwelling.

1. Building Area: The building area limits at the front and rear of the lots shall be building set-back line shown on the face of the plat. The building area limits at the sides of the building site will be at a distance from each side of the building site equal to 10% of the width of the building site at the front building set-back line, but in no event less than 71/2 feet. Detached garages and accessory buildings may be built upon any portion of the building site except that no part thereof shall be nearer than 70 feet from any street property line and not nearer than 5 feet to the side and rear property lines of building sites having a street frontage of over 100 feet and not nearer than 3 feet to the side and rear property lines of building sites having a street frontage of 100 feet and less.

Eaves, steps and open porches shall not be considered as part of a building. The Architectural Committee shall have the privilege to approve or disapprove any such extensions or structures described in this paragraph beyond the building limit line.

2. Allowable Structures: See the Owners’ Certificate for the specific Lake Shores Addition in question. These certificates are on file at the Recorder’s Office of Vermilion County, Illinois.

3. Minimum Ground Area Requirements: No main structure shall be permitted on any building site covered by these covenants if the habitable floor area of which, exclusive of basements, porches and garages, is less than the minimum square feet of floor area prescribed in the Definitions section of the Owner’s Certificate for the specific Lake Shores Addition. These certificates are on file at the Recorder’s Office of Vermilion County, Illinois.

4. Percentage of Lot Coverage: All buildings, including accessory buildings, shall not cover more than a specific percentage of the building site for a single-family dwelling nor more than a specific percentage of the building site for a two-family or multi-family dwelling. See the Owner’s Certificate for the specific Lake Shores Addition on file at the Recorder’s Office of Vermilion County, Illinois.

5. Permissible Building: Order of Construction: All buildings erected on any building site shall be constructed of new material of good quality suitably adapted for use in the construction of residences, and no old building or buildings shall be placed on, or moved to, said premises; nor shall used or reclaimed material be employed in any construction thereon. Accessory buildings shall not be erected, constructed or maintained prior to the erection or construction of the dwelling. The provisions herein shall not apply to temporary buildings and structures erected by builders in connection with the construction of any dwelling or accessory buildings and which are promptly removed upon completion of such dwelling or accessory buildings.

No dwellings shall be built or erected on any lot, fabricated or assembled at a site other than the building site. For the purpose of this provision, materials shall be considered prefabricated if before delivery to the site an interior finish wall is attached to the material. The Architectural Committee shall have the authority from time to time to determine what materials are considered prefabricated for the purpose of this paragraph.

6. Animals and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that no more than two (2) dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. In the event that such pets are housed outside the dwelling, the housing provided for said pets shall be in conformity with the architectural design of the house.

7. Weeds, Rubbish and Debris: No building site owner shall allow weeds, rubbish or debris of any kind to accumulate upon or to be placed upon any property in the subdivision so as to render the same unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or other occupants thereof, and Lake Shores Homeowners Association shall be authorized to remove weeds, rubbish, or debris and to charge the cost thereof to the owner of the lot from which such weeds, rubbish or debris was removed. No trash, rubbish or garbage may be burned outdoors or in outdoor incinerators but interior incinerators within buildings are permitted for use in disposing of such trash, rubbish and garbage.

8. Billboards, Advertising Sign Boards: No signs, advertisements, billboards or other advertising structures of any kind may be erected or maintained on any of the lots hereby restricted without the consent in writing of the Architectural Committee hereinafter provided; provided, however, that permission is hereby granted for the erection and maintenance of not more than one advertising board on each lot or tract as sold which advertising board shall not be more than five (5) square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease the lot or tract on which it is erected.

9. Non-Occupancy and Diligence During Construction: The work of construction of any building or structure shall be prosecuted diligently and continuously from the time of commencement until the exterior construction shall be fully completed and the interior construction shall be substantially completed, and no such building or structure shall be occupied during the course or original exterior construction or until made to comply with the restrictions and conditions se forth herein. No excavation except as it is necessary for the construction of improvements shall be permitted

No person, firm or corporation shall strip, excavate or otherwise remove top soil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premise and excavation or grading incidental thereto. This excess shall stay in he Addition if needed for fill on other lots

10. Storage: No building material of any kind or character shall be placed or stored upon a building site until the owner is ready to commence improvements and then such materials shall be placed within the property lines of the building site upon which the improvements are to be erected and shall no be placed in the street right-of-way.

11. Oil, Mining Operation: No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any building site. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any building site.

12. Street Sight Line Obstruction: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be place or permitted to remain on any lot within the building set-back line area.

13. Building Plans, etc. – No building dwelling, subdividing of an original building lot, fence, sidewalk, drive, tent, awning, sculpture, pole, septic tank, individual water supply, hedge, mass planting or other structural excavation shall be erected, constructed, altered or maintained upon, under or above or moved upon any part of said subdivision unless the plans and specifications thereof, showing the construction, nature kind shape, height, material and color schemes hereof, and a plot plan showing lot lines boundaries of the building site, distance from the boundaries of the building site to the building and the grading plan of the building site shall have been submitted to and approved by the Architectural Committee and until a copy of such plans and specifications, plot plan and grading plan as finally approved is deposited for permanent record with the Architectural Committee. Provisions may be made for telephone distribution wires for individual homes to be underground, and each house should be wired in advance to provide telephone outlets.

(Eff. 1-1-05)

14. Approval by Architectural Committee – The Architectural Committee shall, upon request, issue its certificate of completion and compliance or approval following the action taken by the Committee on such approval. If the Committee fails to approve or reject any plan or matter requiring approval within thirty (30) days after plans or specifications have been submitted to it, or in any event, if not suit to enjoin construction has been commenced to the completion thereof, approval shall be conclusively presumed and the related covenants shall be deemed to have been fully complied with.

15. Right of Inspection – During any construction or alteration required to be approved by the Architectural Committee, any member of the Committee or any agent of such Committee shall have the right to enter upon and inspect, during reasonable hours, any building site embraced within said subdivision, and improvements thereon, for the purpose of ascertaining whether or not the provisions herein set forth have been and are being fully complied with and shall not be deemed guilty of trespass by reason thereof

16. Waiver of Liability – The approval by the Architectural Committee of any plans and specifications, plot plan, grading, planting or any other plan or matter requiring approval as herein provided shall be deemed to be a waiver by the said Committee of its right to withhold approval in connection with the same building site or any other building site. Neither said Committee nor any member thereof, nor Lake Shores Homeowners Association, nor the present owner of said real estate shall be in any way responsible or liable for any loss or damage, for any error or defect, which may or may not be shown on any plans and specifications, or on any plot or grading plan, or planting or other plan, or any building or structure or work done in accordance with any other matter, whether or not the same has been approved by the said Committee or any member thereof, of Lake Shores Homeowners Association, or the present owner of said real estate

17. Constructive Evidence of Action by Architectural Committee – Any title company or person certifying, guaranteeing or insuring title to any building site, lot or parcel in such subdivision, or any lien thereon or interest therein, shall be fully justified in relying upon the contents of the certificate signed by any member of the Architectural Committee and such certificate shall fully protect any purchaser or encumbrances in good faith in acting therein.

18. Architectural Committee – The Architectural Committee shall be composed of three persons to be named by the sub divider. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. The members of the Committee shall be entitled to no compensation for services performed pursuant to this covenant other than such compensation as may be paid by the Lake Shores Homeowners Association. At any time, the then record owners of a two-thirds majority of the building sites shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers or duties, provided that the above mentioned record owners constitute 66 2/3% of the membership of Lake Shores Homeowners Association, and further that the vote to make such changes as indicated above, is made up of the votes of members in good standing of the Association.

19. Construction – If it shall at any time be held that any of the restrictions, conditions, covenants, reservations, liens or charges herein provided or any part thereof is invalid or for any reason becomes unenforceable, no other restrictions, conditions, covenants, reservations, liens, or charges or any part thereof shall be thereby affected or impaired.

20. Authority to Release Rights – The owners of legal title of record of all the building sites in this subdivision shall have the authority at any time after recording this document to release all, or from time to time any part, of the restrictions, conditions, covenants, reservations, liens or charges herein set forth, and upon the recording in the Recorder’s Office of Vermilion County, Illinois, of the waiver or release of such restriction, condition, reservation, lien or charge shall no longer be required under the provisions herein set forth.

21. Driveways – All driveways and lanes for access to buildings in the Subdivision shall have outlets only on the platted lanes of the Subdivision. All driveways shall be hard-surfaced as may be approved by the Architectural Committee

22. Private Lanes – The private lanes shown on the plat are for the exclusive use of the owners of the respective lots abutting the private lanes. No owner or group of owners shall prohibit the use of any part of the private lanes by any other owner or owners so entitled to said use as defined earlier. The said private lanes are also easements for utility purposes as granted in the section regarding easements. Maintenance of improvements in the private lanes not normally provided by the respective utility company or the City of Danville shall be equal responsibility of the abutting lot owners. This provision pertains especially to street maintenance, which is not normally performed on private lanes by the City

23. Swimming Pools – Permanent non-inflatable above ground pools are not permitted in the Subdivision.

24. Rummage Sales – Rummage sales are limited to two (2) per year.

25. Waiver – The failure of the Architectural Committee, Lake Shore Homeowners Association, a building site owner or the present owner of said subdivision to enforce any of the restrictions, conditions, covenants, reservations, liens or charges to which said property, or any part thereof, is subject shall in no event be deemed a waiver of the right to do so thereafter or to enforce any other restriction, condition, covenant, reservation, lien or charge.

26. Restrictions – Each of the foregoing restrictions shall run with the land and shall constitute restrictions on the use of each of the respective lots in said subdivision. The Owners of said subdivision recognize the existence of Lake Shores Homeowners Association and acknowledge that its power and restrictions are covenant upon each of the lots in said subdivision.