§ 62-39. Trust indentures for supervision and maintenance of common lands and improvements; owners' associations.

(a)

In any case where the developer proposes establishment of common land, including pedestrian walkways and cul-de-sacs islands, private streets, private street lighting, drainage facilities such as detention basins and drainage pipe and ditches, private sanitary sewage treatment, private water distribution system, or any other improvement that requires continuous maintenance, a Trust Indenture shall be established and recorded simultaneously with the final plat. The indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this chapter. For single lot developments and developments with no common ground, the department may accept script certifying the means of maintenance on the final plat. Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that the common land be used for the benefit, use and enjoyment of the lot owners, present and future, and shall be the maintenance responsibility of the trustees of the subdivision and that no lot owner shall have the right to convey his interest in the common land except as an incident of the ownership of a regularly platted lot.

(1)

Any trust indenture required to be recorded, or recorded for the purpose of compliance with provisions of this chapter, or the zoning ordinance, shall provide for not less than the following representation of purchasers of developed lots among the trustees; one-third of the trustees shall be chosen by purchasers of developed lots after 50 percent of the lots have been sold; two-thirds of the trustees shall be chosen by purchasers of developed lots after 95 percent of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.

(2)

Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the committee may, upon the petition of any concerned resident or property owner of the subdivision, appoint one or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision, and which shall not be subject to any limitation on special assessments contained in the trust indenture or elsewhere.

(3)

Term of indentures for all types of subdivisions, including planned districts and special procedures, shall be for the duration of the subdivision or planned development. If the subdivision is vacated, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with its ownership in the common land, and no interest in the common land shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.

(b)

In the case of a condominium development, a unit owners' association shall be established in accordance with 765 ILCS 605/1 et seq. A formal declaration (condominium bylaws), establishing covenants, conditions, restrictions, easements, etc., shall be filed simultaneously with the final plat in addition to the trust indentures.

(Ord. No. 00-04, § 3, 12-15-99)