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ARCHITECTURAL CONTROL COMMITTEE REQUESTS

From Articles of Incorporation, Bylaws, and Declaration of Evanston Square Condominium Owners Association

The Architectural Control Committee (ACC) ensures that modifications to units, common elements, and limited common elements at Evanston Square Condominium comply with the Governing Documents, maintaining the aesthetic, structural, and functional integrity of the community. The ACC oversees changes to preserve the residential character, safety, and compliance with the Declaration, Bylaws, and House Rules. 

Types of Changes Requiring ACC Approval 

All alterations or modifications to a Unit—including changes to flooring, plumbing, electrical systems, exterior elements (such as windows), or any modifications impacting Common or Limited Common Elements—require prior written approval from the Board of Directors.

Interior Modifications

Installation of hard surface flooring (e.g., hardwood, marble, granite) in units, requiring prior written consent from the unit owner below (if applicable) to meet sound transmission standards (ASTM E492-77).

Exterior Alterations

Changes to exterior appearances, including decorations visible from outside, entry doors, or commercial unit designs, which must align with residential character and not require Board approval for commercial units unless specified.

Common & Limited Common Elements

Any alteration, addition, or improvement to common elements (e.g., patios, decks, parking spaces) or limited common elements (e.g., storage areas, balconies) that could affect shared spaces or insurance costs.

Structural Changes

Modifications impacting unit boundaries, common elements, or structural integrity, requiring detailed plans and Board approval.

Common Unit Modifications

Changes to commercial units that affect shared utilities, noise, or vibrations, requiring compliance with Exhibit D regulations.

Approval Process

No. 1

SUBMISSION

Owners must submit written proposals, including detailed plans and specifications, to the Board for review.

No. 2

BOARD REVIEW

The Board evaluates proposals for compliance with the Declaration, Bylaws, and House Rules, ensuring no adverse impact on other units, common elements, or insurance. 

No. 3

CONSENT REQUIREMENTS

For certain modifications (e.g., hard surface flooring), written consent from affected unit owners (e.g., the unit below) is required. Commercial unit changes may require a majority vote of commercial unit owners if they modify specific rights or impose new obligations.

No. 4

BOARD DECISION

The Board may approve, deny, or require modifications to the proposal. For capital improvements exceeding $5,000, a majority vote of owners at a meeting is required.

No. 5

TIMELINE

Proposals are reviewed within a reasonable time, with the Board having discretion to administer work or set completion deadlines. 

No. 6

RECORDING

Approved structural changes or reallocations require an amendment to the Declaration, prepared and recorded by the Association.

Restrictions & Guidelines

Compliance with Governing Documents

All changes must adhere to the Declaration, Bylaws, and House Rules, including restrictions on noise, vibrations, and exterior appearances.

Sound Transmission

Hard surface flooring must meet ASTM E492-77 standards to minimize noise transmission, especially in wood-frame buildings.

Exterior Appearence

No objects (e.g., garments, rugs) may be hung or displayed from windows, balconies, or lanais, except for permitted items like plants, barbecue grills, patio furniture, and bicycles.

Common Elements

Alterations to common elements must not increase insurance costs or disrupt shared use. Limited common elements (e.g., parking spaces) can only be rented to other Evanston Square occupants with written notification to the Board.

Commercial Units

Must not emit continuing noise, vibrations, or odors that disturb residential units, with specific prohibited uses outlined in Exhibit D (e.g., no manufacturing, adult entertainment, or amusement centers).

Prohibited Activities

Timesharing and certain installations (e.g., unapproved antennas or satellite dishes) are banned.

Consequences for Non-Compliance

CONSEQUENCES

If an owner makes unapproved modifications

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FINES

Violations of ACC rules or unapproved modifications may result in fines: $50 for the second violation, $100 for the third, and $200 for the fourth. Continuing violations may incur additional fines every 14 days, with daily fines of $15 (or $20 after a month) for ongoing non-compliance.

DAMAGE

LIABILITY

Owners are liable for damages caused by unapproved modifications, including impacts on common elements or other units, with costs collectible as assessments.

PROPERTY

RESTORATION

Unpaid fines or costs may result in a lien on the property, updated every 6 months until paid. 

 

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LEGAL

ACTION

The Association may pursue legal or equitable remedies, including curing violations at the owner’s expense, with costs (including attorney’s fees) assessed as a lien on the unit. 

KEY 

TAKEAWAYS

ONE

All modifications require prior Board approval, with detailed plans submitted in writing.

TWO

Owners must ensure compliance with sound, safety, and aesthetic standards to avoid fines or legal action.

THREE

Commercial units have specific regulations to prevent disturbances to residential units.

FOUR

The Board has discretion to enforce rules, impose fines, and recover costs for non-compliance.

FIVE

Owners renting units must notify the Board and provide tenants with House Rules, ensuring adherence to all regulations.

SIX

Structural or significant changes may require recorded amendments to the Declaration, ensuring legal compliance.

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