Construction activity has a deleterious effect on roads, some immediately visible and some subsurface and not immediately visible. The Village of Riverwoods requires permits for various types of activity involving the roads. However, the Association does not receive any funds or bonds from the Village of Riverwoods in connection with that activity. The Association is required by its By-Laws to fix and make assessments for, among other things, improvement and maintenance of roads. In 2009, the Vernon Woods Owners Association adopted a construction fee schedule in an attempt to account for damage to private roads resulting from equipment using our roads. In 2020, the Vernon Woods Owners Association revised the construction fee schedule, effective as of September 1, 2021. This is the resolution adopting the revised fee schedule:
Vernon Woods Owners Association
Construction Special Assessment Resolution
June 18, 2009
Revised September 24, 2020
Effective September 1, 2021
Whereas, the Vernon Woods Owners Association (“VWOA”) was chartered by the state of Illinois as a general not for profit corporation on October 28, 1955;
Whereas, the By-Laws of the VWOA provide that it is the purpose of the VWOA to foster cooperation and community pride among the owners of lots within the subdivision now known as Vernon Woods, to beautify the subdivision, and to promote the health and safety of all persons living in the subdivision;
Whereas, properly maintained roads are essential to the health and safety of owners of lots within the Vernon Woods subdivision, and contribute to the beauty of the subdivision;
Whereas, the roads within the Vernon Woods subdivision are owned by owners of lots within the Vernon Woods subdivision, are maintained by the VWOA, and are not maintained by the Village of Riverwoods or any other public authority;
Whereas, construction activity has a deleterious effect on roads within the Vernon Woods subdivision, some of it immediately visible and some of it subsurface and not immediately visible;
Whereas, the VWOA does not receive funding from the Village of Riverwoods, and does not receive fees, assessments or bonds required by the Village of Riverwoods for construction activity;
Whereas, the VWOA is required by its By-Laws to fix and make assessments for, among other things, improvement and maintenance of the roads;
Whereas, the VWOA has endeavored to minimize annual assessments; and
Whereas, the VWOA has determined that it is prudent to supplement its annual assessments with an equitably apportioned construction activity assessment for proper maintenance of the roads and drainage in the Vernon Woods subdivision, all in accordance with the By-Laws of the VWOA.
NOW THEREFORE, it is
RESOLVED, that
A. Special Assessment.
(a) Subject to subparagraph (c) below, every member of the VWOA shall pay a non-refundable Special Assessment to the VWOA in connection with any construction activity on property within Vernon Woods in which such member has an interest and for which the Village of Riverwoods requires a bond or permit, as follows:
(i) Activity including but not limited to new construction, remodeling, additions, renovations, detached accessory buildings, structure demolition, culverts, new driveways, driveway reconfiguration and/or reconstruction, decks, gazebos, screened porches, four season rooms, patios, stoops, porches, walks, outdoor kitchens, elevators, dumbwaiters, fireplaces, fences, roofing, siding, sanitary sewer work, landscaping, regrading (more than 10 yards), irrigation systems, spas, hot tubs, swimming pools, tennis and basketball courts, photovoltaic solar panels, and wind turbines: VWOA Special Assessment 3% of the value of the activity up to a maximum of $750
(ii) Sheds less than 150 square feet in floor plan, electric only permits, HVAC only permits, interior plumbing only permits, windows, doors and skylights; VWOA Special Assessment $50
(b) such assessment shall be paid to the VWOA in cash in the manner prescribed by Section 3 of Article VII of the By-Laws of the VWOA; and
(c) the requirements of this paragraph A shall not apply to property with an address on either Deerfield Road or Portwine Road for which work shall not require access to a private road within the Association.
B. General.
(a) if multiple building permits are required by the Village of Riverwoods, each required permit shall be considered a separate construction activity. The maximum Special Assessment for any member of the VWOA in a given calendar year shall be the amount specified in paragraph A (a)(i) above;
(b) without limiting Article VII of the By-Laws of the VWOA, every resident of and owner of real estate in Vernon Woods contracting for, engaging in or having a financial interest in such construction activity shall be responsible for the Special Assessment;
(c) Nothing in this resolution shall be interpreted to relieve anyone of liability for damage to roads or other property within the River Woods Subdivision in excess of the assessments or bonds specified in the By-Laws of the VWOA; and
(d) this resolution supersedes all prior resolutions relating to the subject matter of this resolution.
The foregoing was enacted by motion, seconded and approved unanimously by all directors of the VWOA in attendance at a duly authorized and scheduled meeting of the officers of the VWOA, under the authority of Article VII, Section 1 of the By-Laws of the VWOA.
Confirmed:
_____________________________________
Secretary, VWOA
September 1, 2021