Below are both the Original and Updated CSA Declaration. The updated version was written by a hired, qualified lawyer to comply with current government laws, to remove expired references, and to account for modern technologies. Both digital versions are provided to allow for direct comparison. A Declaration is similar to a constitution. Our By-Laws were also updated at the same time and for the same purpose, and they have already been approved by a unanimous Board vote. By-laws are the rules and policies that further execute the Declaration.

The Board and all present homeowners unanimously approved the Declaration updated version at our 2014 Annual Meeting. A 3/4ths majority (26 of 34) Declaration signature page is also available on the restricted "Audits" webpage in the bottom files section.

ORIGINAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION, made on the date December 13, 1968 hereinafter set forth by McCORMICK BEATTY COMPANY, hereinafter referred to as "Declarant",

WITNESSETH:

WHEREAS, Declarant is the owner of certain property in the City of Chicago, County of Cook, State of Illinois, which is more particularly described as:

Lots 1 to 33, both inclusive, in Robert L. Martin's Subdivision of Blocks 11 and 16 in Vernon Park Addition to Chicago, being a Subdivision of Blocks 38, 39, 44 and 45 in Canal Trustee's Subdivision of the West 1/2 and the West 1/2 of the Northeast 1/4 of Section 17, Township 39 North, Range 14 East of the Third Principal Meridian

ALSO

The East and West 16 foot alley lying South of and adjoining Lots 1 to 14 inclusive, and the North and South 16 foot alley lying West of and adjoining Lot 22 and the North and South 16 foot alley lying East of and adjoining Lot 26, all in Robert L. Martin's Subdivision, aforesaid.

AND WHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth;

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property. These easements, covenants, restrictions, and conditions shall

run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS

Section 1. "Association" shall mean and refer to CIRCLE SQUARE ASSOCIATION, its successors and assigns.

Section 2. "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. "Common Area" shall mean all real property as depicted on the Plat of Survey attached hereto as Exhibit "I" and identified thereon as "Parcel C Common Area" owned by the Association for the common use and enjoyment of the members of the Association.

Section 4. "Lot" shali mean and refer to any Parcel of land shown upon Exhibit "I" with the exception of "Parcel C common Area."

Section 5. "Member" shall mean and refer to every person or entity who holds membership in the Association.

Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 7. "Declarant" shall mean and refer to McCORMICK BEATTY COMPANY, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

ARTICLE II

MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract Sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.

ARTICLE III

VOTING RIGHTS

The Association shall have two classes of voting membership: Class A. Class A members shall be all those Owners as defined in Article II with the exception of the Declarant.

Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such Lot shall se exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B. The Class B member shall be the Declarant. The Class B member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Article, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:

(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or

(b) on October 1, 1970.

ARTICLE IV

PROPERTY RIGHTS

Section 1. Members' Basements of Enioyment. Every member

shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions:

(a) the right of the Association to limit the number of guests of members;

(b) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(c) the right of the ASsociation, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said properties shall be subordinate to the rights of the homeowners hereunder;

(d) the right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ten (10) days for any infraction of its published rules and regulations;

(e) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled ,to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds (2/3) of the votes of the class B membership, if any, has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than 30 days nor more than 60 days in advance; and

(f) the right of the individual owners to the exclusive use of parking spaces as provided in this Article.

Section 2. Delegation of Use. Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

Section 3. Title to the Common Area. The Declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first Lot.

Section 4. Parking Lots. Ownership of each Lot designated "A" on Exhibit "I" hereto shall entitle the owner or owners thereof to the use of not more than one (1) automobile parking space, and ownership of a Lot designated "B" on said Exhibit shall entitle the owner or owners thereof to the use of not more than two (2) automobile parking spaces. The Association shall permanently assign such vehicular parking spaces which shall be as near and convenient to each Lot as is reasonably possible. The owner or owners from time to time of each Lot shall have the right of ingress and egress in, over and upon the respective parking area to their assigned parking space or spaces.

ARTICLE V

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments together with such interest thereon and costs of collection there of, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation shall not Pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Associațion shall be used exclusively for the purpose of promoting the recreation, health, Safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of the Properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties.

Section 3. Basis and Maximum of Annual Assessments. Until January 1, of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred Eighty and No/100 Dollars ($180.00) per "A" Lot and Two Hundred Seventy and No/100 Dollars ($270.00) per "B" Lot.

(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment Jay be increased effective January 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July.

(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding three (3) years and at the end of each such period of three (3) years, for each succeeding period of three (3) years, Provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this Purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.

(c) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

Section 4. Special Assessments for Capital Improvements.

In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in Part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.

Section 5. Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all "A" Lots, and at a uniform rate for all "B" Lots in an amount equal to 150% of such "A" Lot rate. The assessment for "B" Lots shall not exceed 1.50% of che 'A' Lot rate without the approval of all of the owners of "B" Lots. All assessments may be collected on a monthly basis.

Section 6. Quorum for Any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class 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 requirement set forth in section 3 and 4, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 7. Date of Commencement of Annual Assessment Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. 15 the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven percent (7%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added εο the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any preceding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments there of which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot From liability for any assessments thereafter becoming due or from the lien thereof.

Section 10. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein:

(a) all properties dedicated to and accepted by a local public authority;

(b) the Common Area; and

(c) all properties owned by a charitable or nonprofit organization exempt from Laxation by the laws of the State of Illinois. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.

ARTICLE VI

PARTY WALLS

Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes, including front and back patio walls upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, 50 the extent not inconsistent with the provisions of this Article, the general rules of law 8:18 party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes a party wall not exposed in original construction to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against Such elements.

Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from another Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrates, and the decision shall be by a majority of all the arbitrators.

ARTICLE VII

ARCHITECTURAL CONTROL

No exterior change or alteration shall be made to the structure, including patio walls erected or to be erected by the Developer on each Lot, until the plans and specifications showing the nature, kind, shape, height, materials and location of such exterior change or alteration shall have been submitted to and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by the Board of Directors of the Association or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event said Board or its designated Committee fails to approve or disapprove such exterior change or alteration and the location thereof within sixty (60) days after said plans and specifications have been submitted to it, approval shall not be required and this Article will be deemed to have been fully complied with.

ARTICLE VIII

LANDSCAPING AND EXTERIOR MAINTENANCE

Section 1. Landscaping. It shall be the obligation of each Owner to landscape his Lot including the courtyard (space bounded by and within the patio walls) in an appropriate manner, after approval as provided in Article VII. If the owner shall fail or reFuse to seek approval of the manner of landscaping his 10 within thirty (30) days after written notice from the Board of Directors of the Association to so do, the Association may take appropriate steps to landscape such Lot. The manner and costs for landscaping of the Lot shall be furnished to the Owner. The cost of such landScaping shall be assessed against the Owner and Lot. Such assessment shall be considered as immediately due and the Association shall have all of the rights and remedies provided for the collection of assessment under Article V hereof.

Section 2. Maintenance of Lot. The Owner shall maintain his Lot, including the landscaped area, in a clean and sightly condition at all times. If an owner fails to maintain his Lot in such a condition, the Board of Directors shall notify the Owner of the Lot in question, in writing, giving him at least ten (10) days within which to correct: such defects. If after such notice, the Owner shall fail or refuse to correct such defects and to maintain his Lot in a clean and sightly manner, the Board of Directors may take appropriate action to maintain such lot, assessing the cost of such maintenance against the Owner and the Lot. Such assessment shall be considered as immediately due and the Association shall have all of the rights and remedies provided for the collection of assessments under Article V hereof.

Section 3. Exterior Maintenance. In addition to maintenance upon the common properties, the Association shall provide exterior maintenance upon each Lot wh.ch is subject to assessment under Article V hereof, as follows: Paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces and other exterior improvements, Including those portions of the patio walls which face outward and away from the Lot, and excluding from such maintenance, the interior portion of such patio walls being those portions thereof which face inward and toward the improvement located on said Lot and further excluding the maintenance of shrubs, lawns and walks contained within the patio walls, (courtyard) but including such maintenance outside the patio walls.

Section 4. Assessment of Cost. The cost of such exterior maintenance shall be assessed against the Lot upon which such maintenance is done and shall be added to and become a part of the annual maintenance assessment or charge to which such Lot is subject under Article V hereof, and as a part of such annual assessment or charge, is shall be a lien and obligation of the owner and shall become due and payable in all respects, as provided in Article V hereof; provided that the Board of Directors of the Association when establishing the annual assessment against each Lot for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall thereafter make such adjustment with the Owner as is necessary to reflect the actual cost thereof.

Section 5. Access at Reasonable Hours. For the Purpose

solely of performing the exterior maintenance required by this Article, the Association, through its duly authorized agents or employees, shall have the right after reasonable notice to the Owner to enter upon any Lot at reasonable hours.

ARTICLE IX

USE RESTRICTIONS

Section 1. Restrictions on Building. Other than the townhouses, including patio walls, and any such trees, shrubs and bushes, as shall be permitted to be erected or placed upon each Lot or a similar structure erected in replacement thereof, no additional structures of a temporary or permanent character, such as a fence, trailer, tent, shack, garage, barn or other out building shall be placed or erected upon any Lot nor shall said, structure be altered in any manner, except as herein provided.

Section 2. Common Area Restrictions. No building or other

structure, temporary or permanent shall be placed upon the Common Area by the Board of Directors without first obtaining vote of two-thirds (2/3rds) of the Class A Membership of the Association; provided, however, that this shall not prohibit the placement on such common Area of a childrens' play yard with such apparatus, as is usually found in such play yards and the appropriate landscaping of the Common Area.

ARTICLE X

EASEMENTS

An easement is hereby created, reserved and granted under the property identified on Exhibit "I" as "Parcel C Common Area" for public utility companies including, but without limitation, the Illinois Bell Telephone Company, the Peoples Gas Light and Coke Company and the Commonwealth Edison Company and The City of Chicago and their respective successors and assigns to enter upon said Parcel C to install, lay, construct, renew, operate and maintain conduits, cables, wires, pipes, gas pipes; water mains, water service lines, sewer mains and pipes and any and all other equipment necessary for the purpose of serving this property.

An easement is hereby created, reserved and granted over the property dence on Exhibit "I" as "Parcel C Common Area" for the benefit of the owners and occupants from time to time of any Parcel of land shown upon Exhibit "I" with the exception of "Parcel C Common Area" and their invitees for ingress and egress to and from the public right-of-way and said Parcels.

The aforesaid easements shall be perpetual and shall not terminate in the event of the destruction or damage of any or all of the improvements located or to be located on said Parcels.

ARTICLE XI

GENERAL PROVISIONS

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no vise affect any other provisions which shall remain in full force and effect.

Section 3. Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, and shall iτιure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety Percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded before becoming effective.

Section 4. Approval. As long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 13th day of November 1968.

McCORMICK BEATTY COMPANY, Declarant

By Robert A. McCormick, President

SS. STATE OF ILLINOIS

SS. COUNTY OF COOK

I, John D. Schwartz, a Notary Public in and for the said County in the State aforesaid, DO HEREBY CERTIFY that Robert H. McCormick, personally known to me to be the President of McCORMICK BEATTY COMPANY, an Illinois corporation, and George W. Overton, personally known to me to be the Assistant Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me severally acknowledged that as President and Assistant Secretary they signed and dated.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

Approved on January 31, 2014

THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, made on the date hereinafter set forth by the Board of Directors of the Circle Square Association, hereinafter referred to as “Board of Directors,” pursuant to its authority under Section 1-60 of the Common Interest Community Act which provides that the Board of Directors upon a two—thirds (2/3rds) vote have adopted this amended and restated Declaration.

ARTICLE I DEFINITIONS

Section 1. “Act” shall mean the Illinois Common Interest Community Act.

Section 2. “Amended and Restated Declaration” shall mean this document by which the property has been submitted to the provisions of the Act.

Section 3. “Association” shall mean and refer to CIRCLE SQUARE ASSOCIATION, its successors and assigns.

Section 4. “Board” shall mean and refer to the Association’s Board of Directors.

Section 5. “Building” shall mean all structures, attached or unattached, containing one or more units.

Section 6. “Board Member” shall mean and a member of the Board of Directors.

Section 7. “Common Area” shall mean all real property as depicted on the Plat of Survey attached hereto as “Exhibit I” and identified thereon as “Parcel C Common Area” owned by the Association for the common use and enjoyment of the members of the Association.

Section 8. “Common Expenses” shall mean the proposed or actual expenses affecting the property, including reserves, if any, lawfully assessed by the common interest community association.

Section 9. “Common Interest Community” shall mean real estate other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or a unit therein is obligated to pay for the maintenance, improvement, insurance premiums or real estate taxes of common areas described in a declaration which is administered by an association, including, but not limited to an attached or detached townhome, villa, or single-family home, or master association.

Section 10. “Community Instruments” shall mean all documents and authorized amendments thereto recorded by a developer or the Association including, but not limited, to, the declaration, by-laws, plat of survey, and rules and regulations.

Section 11. “Lot” shall mean and refer to any Parcel of land shown upon Exhibit “I” with the exception of “Parcel C Common Area.”

Section 12. “Lot Owners” shall mean and refer to the record owner whether one or more persons or entities of a fee simple title to any Lot which is a part of the Properties including contract sellers but excluding those having such, interest merely as security for the performances an obligation.

Section 13. “Majority or Majority of Unit Owners” shall mean the owners of more than fifty percent (50%) in the aggregate in interest of the undivided ownership of the common elements. Any specified percentage of the unit owners means such percentage in the aggregate in interest of such undivided ownership. “Majority” or “majority of the members of the board of the common interest association” means more than fifty percent (50%) of the total number of persons constituting such board pursuant to the bylaws. Any specified percentage of the members of common interest community association means that percentage of the total number of persons constituting such board pursuant to the By-laws.

Section 14. “Management Company” shall mean a person, partnership, corporation or other legal entity entitled to transact business on behalf of others, acting on behalf of or as an agent for the Association for the purpose of carrying out the duties, responsibilities, and other obligations necessary for the day-to-day operation and management of the Association.

Section 15. “Meeting of the Board” or “Board Meeting” shall mean any gathering of a quorum of the members of the board of Circle Square Association.

Section 16. “Member” shall mean and refer to every person or entity who holds membership in the Association.

Section 17. “Owner” shall mean and refer to the record owner whether one or more persons or entities of a fee simple title to any Lot which is a part of the Properties including contract sellers but excluding those having such, interest merely as security for the performances an obligation.

Section 18. “Properties” shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

ARTICLE II MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership.

ARTICLE III VOTING RIGHTS

A. The Association shall have one class of voting membership: (The voting members shall be all those Owners as defined in Article II.)

Each member shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be decided as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

B. Where there is more than one owner of a unit, if only one of the multiple owners is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. A unit owner may vote:

(1) by proxy executed in writing by the unit owner or by his or her duly authorized attorney in fact, provided, however, that the proxy bears the date of execution. Unless the community instruments or the written proxy itself provide otherwise, proxies will not be valid for more than 11 months after the date of its execution; or

(2) by submitting an association-issued ballot in person at the election meeting; or

(3) by submitting an association-issued ballot to the association or its designated agent by mail or other means of delivery specified in the declaration or bylaws.

C. The purchaser of a unit from a seller pursuant to an installment contract for purchase shall, during such times as he or she resides in the unit, be counted toward a quorum for purposes of election of members of the board at any meeting of the unit owners called for purposes of electing members of the board, shall have the right to vote for the election of members of the common interest community association and to be elected to and serve on the board unless the seller expressly retains in writing any or all of such rights.

ARTICLE IV PROPERTY RIGHTS

Section 1. Members’ Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot subject to the following provisions:

(a) the right of the Association to limit the number of guests of members;

(b) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;

(c) the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said properties shall be subordinate to the rights of the homeowners here under;

(d) the right of the Association to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ten (10) days for any infraction of its published rules and regulations;

(e) the right of the Association to dedicate or transfer all or any part, of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded agreeing to such dedication or transfer and unless written notice of the proposed action is sent to every member no later than 60 days in advance;

(f) the right of the individual owners to the exclusive use of parking spaces as provided in this Article.

Section 2. Delegation of Use. Any member may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

Section 3. Title to the Common Area.

The Association has fee simple to the Common Area to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first Lot.

Section 4. Parking Rights. Ownership of each Lot shall entitle the owner or owners thereof to the use of not more than one (1) automobile parking space, and ownership of a Lot designated “B” on said Exhibit “I” shall entitle the owner or owners thereof to the use of not more than two (2) automobile parking spaces. The Association shall permanently assign such vehicular parking spaces that shall be as near and convenient to each lot as is reasonably possible. The owner or owners from time to time of each Lot shall have the right of ingress and egress in, over and upon the respective parking area to their assigned parking space or spaces.

ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association:

(1) annual assessments or charges, and

(2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of the Properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the homes situated upon the Properties.

Section 3. Basis and Maximum of Annual Assessments.

(a) Each unit owner shall receive, at least 30 days prior to the adoption thereof by the board, a copy of the proposed annual budget together with an indication of which portions are intended for reserves, capital expenditures or repairs or payment of real estate taxes.

(b) The board shall annually supply to all unit owners an itemized accounting of the common expenses for the preceding year actually incurred or paid, together with an indication of which portions were for reserves, capital expenditures or repairs or payment of real estate taxes and with a tabulation of the amounts collected pursuant to the budget or assessment, and showing the net excess or deficit of income over expenditures plus reserves.

(c) If an adopted budget or any separate assessment adopted by the board would result in the sum of all regular and separate assessments payable in the current fiscal year exceeding 115% of the sum of all regular and separate assessments payable during the preceding fiscal year, the common interest community association, upon written petition by unit owners with 20% of the votes of the association delivered to the board within 14 days of the board action, shall call a meeting of the unit owners within 30 days of the date of delivery of the petition to consider the budget or separate assessment; unless a majority of the total votes of the unit owners are cast at the meeting to reject the budget or separate assessment, it shall be deemed ratified.

(d) Any common expense not set forth in the budget or any increase in assessments over the amount adopted in the budget shall be separately assessed against all unit owners.

(e) Separate assessments for expenditures relating to emergencies or mandated by law may be adopted by the board without being subject to unit owner approval or the provisions of subsection (c) or (f) of this Section. As used herein, "emergency" means an immediate danger to the structural integrity of the common areas or to the life, health, safety, or property of the unit owners.

(f) Assessments for additions and alterations to the common areas or to association-owned property not included in the adopted annual budget, shall be separately assessed and are subject to approval of two-thirds of the total votes of all unit owners.

(g) The board may adopt separate assessments payable over more than one fiscal year. With respect to multi-year assessments not governed by subsections (e) and (f) of this Section, the entire amount of the multi-year assessment shall be deemed considered and authorized in the first fiscal year in which the assessment is approved. (h) The board of a common interest community association shall have the authority to establish and maintain a system of master metering of public utility services to collect payments in conjunction therewith, subject to the requirements of the Tenant Utility Payment Disclosure Act.

Section 4. Date of Commencement of Annual Assessments: Due Dates. The Board of Directors shall establish the due dates. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. The Board for the issuance of these certificates may make a reasonable charge. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 5. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments that are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven percent (7%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorneys’ fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

Section 6. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any preceding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer except upon the sale of the unit at a foreclosure sale or after a foreclosure the third party purchaser shall be required to pay to the Association up to six months of past due assessments, attorneys’ fees and late fees due and owing prior to the date of the sale. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE VI PARTY WALLS

Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes, including front and back patio walls upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.

Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other: casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners, to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes a party wall not exposed in original construction to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from another Owner shall be appurtenant to the land and shall pass to such Owner’s successors in title.

Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE VII ARCHITECTURAL CONTROL

No exterior change or alteration shall be made to the structure, including patio walls erected on each Lot, until the plans and specifications showing the nature, kind, shape, height, materials and location of such exterior change or alteration shall have been submitted to and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by the Board of Directors of the Association or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event said Board or its designated Committee fails to approve or disapprove such exterior change or alteration and the location thereof within sixty (60) days after said plans and specifications have been submitted to it, approval shall not be required and this Article will be deemed to have been fully complied with.

ARTICLE VIII LANDSCAPING AND EXTERIOR MAINTENANCE

Section 1. Landscaping. It shall be the obligation of each Owner to landscape his Lot including the court yard (space bounded by and within the patio walls) in an appropriate manner, after approval as provided in Article VII. If the Owner shall fail or refuse to seek approval of the manner of landscaping his Lot within thirty (30) days after written notice from the Board of Directors of the Association to so do, the Association may take appropriate steps to landscape such Lot. The manner and costs for landscaping of the Lot shall be furnished to the Owner. The cost of such landscaping shall be assessed against the Owner and Lot. Such assessment shall be considered as immediately due and the Association shall have all of the rights and remedies provided for the collection of assessments.

Section 2. Maintenance of Lot. The Owner shall maintain his Lot, including the landscaped area, in a clean and sightly condition at all times. If an Owner fails to maintain his Lot in such a condition, the Board of Directors shall notify the Owner of the Lot in question, in writing, giving him at least ten (10) days, within which to correct such defects. If after such notice, the Owner shall, fail or refuse to cure such defects and to maintain his Lot in a clean and sightly manner, the Board of Directors may take appropriate action to maintain such Lot, assessing the cost of such maintenance against the Owner and the Lot. Such assessment shall be considered as immediately due and the Association shall have all of the rights and remedies provided for the collection of assessments.

Section 3. Exterior Maintenance. In addition to maintenance upon the common properties, the Association shall provide exterior maintenance upon each Lot, as follows: paint, repair, replace and care for exterior building surfaces and other exterior improvements, including those portions of the patio walls which face outward and away from the Lot, and excluding from such maintenance, the interior portion of such patio wall being those portions thereof which face inward and toward the improvement located on said Lot and further excluding the maintenance of shrubs, lawns and walks contained within the patio walls, (courtyard) but including such maintenance- outside the patio walls.

Section 4. Assessment of Cost. The cost of such exterior maintenance shall be assessed against the Lot upon which such maintenance is done and shall be added to and become part of the annual maintenance assessment or charge to which such Lot is subject under Article V hereof, and as a part of such annual assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable in all respects as provided in Article V hereof; provided that the Board of Directors of the Association when establishing the annual assessment against each Lot for any assessment year as required under Article V hereof may add thereto the estimated cost of the exterior maintenance for that year but shall thereafter make such adjustment with the Owner as is necessary to reflect the actual cost thereof.

Section 5. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance required by this Article, the Association, through its duly authorized agents or employees, shall have the right after reasonable notice to the Owner to enter upon any Lot at reasonable hours.

ARTICLE IX USE RESTRICTIONS

Section 1. Restrictions on Building. Other than the townhouses, including patio walls, and any such trees, shrubs and bushes, as shall be permitted to be erected or placed upon each Lot or a similar structure erected in replacement thereof, no additional structures of a temporary or permanent character, such as a fence, trailer, tent, shack, garage, barn or other out building shall be placed or erected upon any Lot nor shall said structure be altered in any manner, except as herein provided.

Section 2. Common Area Restrictions. No building or other structure, temporary or permanent shall be placed upon the Common Area by the Board of Directors without first obtaining a vote of two-thirds (2/3rds) of the Membership of the Association; provided, however, that this shall not prohibit the placement on such Common Area of a children’s’ play yard with such apparatus, as is usually found in such play yards, and the appropriate landscaping of the Common Area.

ARTICLE X EASEMENTS

An easement is hereby created, reserved and granted under the property identified on Exhibit “I” as “Parcel C Common Area” for public utility companies including, but without limitation, the AT&T, the Peoples Gas Company and the Commonwealth Edison Company and the City of Chicago and their respective successors and assigns to enter upon said Parcel C to install, lay, construct, renew, operate and maintain conduits, cables, wires, pipes, gas pipes, water mains, water service lines, sewer mains and pipes and any and all other, equipment necessary for the purpose of serving this property. An easement is hereby created, reserved and granted over the property identified on Exhibit “I” as “Parcel C Common Area” for the benefit of the owners and occupants from time to time of any Parcel of land shown upon Exhibit “I” with the exception of “Parcel C Common Area” and their invitees for ingress and egress to and from the public right-of-way and said Parcels. The aforesaid easements shall be perpetual and shall not terminate in the event of the destruction or damage of any or all of the improvements located or to be located on said Parcels.

ARTICLE XI GENERAL PROVISIONS

Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner, to enforce any covenant or restriction herein contained shall in no event be deemed waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions that shall remain in full force and effect.

Section 3. Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded before becoming effective.