RULES & REGULATIONS
AS APPROVED AUGUST 2004

1. EMERGENCY PROCEDURES

The following procedures should be followed in the event of an emergency:

1.1 If you detect fire, smoke or an explosion, call 911 immediately to report it. Then pull the hall alarm and notify the doorman.

Medical emergencies should also be reported directly to Chicago's emergency service by calling 911. The doorman should then be alerted to expedite arrival of the emergency service.

All security emergencies are to be reported to 911 immediately and then to the doorman or security guard (see Section 16 for other security rules).

1.2 Should an emergency other than a fire, medical or security emergency arise in the building or your Unit (e.g., flood, electric power outage, window breakage), immediately contact the doorman or security guard at 525-0434. The doorman or security guard will contact the Janitor and/or the Managing Agent.

1.3 Please note that the Managing Agent's answering service will contact management in case the Head Janitor is not available.

If it is necessary for you to call the Managing Agent directly because of an emergency, be sure to announce immediately that yours is an emergency call.

Website Address www.2970lsdca.org"
Contact Management for Website User Name & Password

Important Telephone Numbers:
Doorman 525-0434
Emergency 911
Managing Agent (American Property Management) 847-985-6464
Head Janitor (David Peña) 595-0195

2. FINANCIAL PROCEDURES

2.1 Unit Owners shall be financially responsible for the acts of their children, guests, house employees, tradesmen and other visitors.

3. RECEIVING ROOM

3.1 Small packages may be left in the receiving room when the resident is not at home. Notice of delivery is placed in the resident's mailbox by the doorman. The Association and its Managing Agent are not responsible for the loss or damage of any such property.

3.2 MINOR No groceries can be placed in the receiving room at any time.

3.3 CODs are not accepted.

If furniture or other large items are to be delivered and the resident cannot be home, arrangements are to be made with a friend or neighbor to receive them. Special arrangements may be made with the Head Janitor on a case-by-case basis.

4. SMOKING

4.1 MINOR Smoking is not permitted in any interior common area of the building.

5. DOORMEN

5.1 No guest shall be admitted to the building unless the doorman/security personnel first calls the resident and receives specific permission to admit that particular guest. In the case of a large party, it is urged that the resident host provide the doorman/security personnel with a GUEST LIST in advance of the time of the party, in which case the doorman/security can admit the named individuals.

5.2 Doormen have SPECIFIC DUTIES related to security; therefore, residents are not to request actions that would take them from assigned duties.

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6. ELEVATORS

6.1 MINOR No notices, signs, ads, etc., are allowed in the elevators.

6.2 MAJOR All pets must be restrained to avoid contact with other elevator passengers.

6.3 Immediately report any soiling of the elevators to the Janitor or doorman.

6.4 MINOR Bicycles/tricycles may not be transported via the elevator. However, bicycles may be carried up/down the stairways.

6.5 MAJOR Delivery of all household goods will be allowed only after protective pads have been installed in the elevator. These deliveries must be done during the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. Only one large item such as a piece of furniture or an appliance may be delivered on Saturdays during these same hours.

7. LAUNDRY ROOM

7.1 Washers and dryers will be emptied as soon as the cycle is completed. It is permissible to remove others' laundry to the laundry table.

7.2 MINOR The user is responsible for leaving the laundry room machines in clean condition after completing laundry. Equipment operating instructions must be followed. All lint and debris must be disposed of properly.

7.3 MINOR Pets are not allowed in the laundry room.

7.4 MINOR No person should use more than 1/2 of the washers or dryers between 8 a.m. and 9 p.m. on Monday through Friday and between 8:00 a.m. and 10 p.m. on Saturday and Sunday.

7.5 MINOR Between 9 p.m. and 7 a.m. the laundry room door MUST be closed.

8. LOBBY

8.1 MINOR Eating, drinking or smoking is not allowed in the lobby.

8.2 MINOR Notices, ads, signs, etc., may not be placed on the lobby walls.

8.3 MINOR No one is allowed in the lobby with bare feet, robes or sleeping attire.

8.4 MINOR The lobby will not be used as a play area.

8.5 MINOR Children under 5 years of age will not be unattended in the lobby or other public areas.

8.6 MINOR Bicycles or tricycles are not to be ridden or carried through the lobby (also see Section 11.2).

8.7 MINOR Roller-skating, roller blading and skate boarding are not permitted in, or through, the lobby (also see Section 11.3).

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9. PETS

9.1 MAJOR Only dogs, cats or other domestic household pets may be kept in Unit Owner's apartment.

9.2 Any pet causing or creating, in the opinion of the Board, a nuisance or unreasonable disturbance shall be subject to remedies that may include, but are not limited to, muzzling, restraining, training or permanent removal from the Property upon three days' written notice from the Board.

9.3 MAJOR Pets shall be kept on a leash and/or restrained at all times in all Common Elements.

9.4 MINOR From dawn to dusk (except in inclement weather), pets shall be brought through the side (north) door only. Outside of these hours, or at any time in inclement weather, pets may be brought through the front door. Inclement weather is defined as rain, snow, sleet or anytime it is wet outside.

9.5 Pet owners shall be financially responsible for any damage and/or need for clean-up created by their pet.

9.6 MAJOR Renters are not permitted to have pets.

9.7 MAJOR Owners may have only one dog and/or two cats per Unit. Any Unit Owner with additional pets may keep existing animals, but will not be allowed to replace animals in excess of the limit upon the existing animal's departure.

9.8 MAJOR Pet owners must be registered with the Managing Agent of the type and number of pets upon application to move into the building.

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10. STORAGE AREA

10.1 The Association assumes no liability for damage or theft of contents of storage lockers.

10.2 MAJOR At no time shall any flammable liquid, chemical or other dangerous materials be stored in the storage areas.

11. HALLWAYS/CORRIDORS/STAIRWELLS

11.1 MINOR In compliance with the fire code of the City of Chicago, no objects (e.g., furniture, shoes, umbrellas, etc.) can be left or stored in corridors, hallways or stairwells at any time.

11.2 MINOR Bicycles or tricycles are not to be ridden or carried through the hallways (also see Section 8.6).

11.3 MINOR Roller skating, roller blading and skate boarding are not permitted through the hallways (also see Section 8.7).

11.4 MINOR Laundry and other items, which need to be picked up or received, must be brought to the doorman/receiving room and not left in the hallway or by an apartment door.

11.5 MINOR Artwork may be securely hung on the east and west end walls of the hallway and on the alcove walls adjacent to the "A" tier Units.

11.6 MAJOR Artwork must be framed and no larger than 36" wide and 46" high.

11.7 MAJOR Prior to any artwork being displayed, unanimous written agreement must be obtained from the Unit Owners of record on the respective floor and submitted to the Board of Managers along with a picture or description of the artwork for the Board's approval or disapproval.

The artwork will not be funded by the Association. The written Unit Owners' agreement must contain a statement acknowledging that the Board of Managers, its employees and Agents are not responsible or liable for any damage or loss to the artwork.

11.8 Upon the Board's standardization of hallway artwork or wall decorations, the Board may direct the Owners' artwork be removed.

11.9 MAJOR The Unit Owners of the respective floor are jointly responsible to repair any damage to the wall caused by the installation of the artwork.

11.10 MAJOR Wallpapering, painting of walls, or any other alterations to the current decorating, except as noted in this section, is prohibited.

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12. REFUSE

12.1 MINOR Trash taken to the garbage chute room must be wrapped in leak-proof containers or plastic bags and thrown down the garbage chute. Please consider using smaller garbage bags or putting less in the regular size kitchen bags in order to be sure that it will fit in the chute.

12.2 MINOR The garbage chute may be used between 7 a.m. and 10 p.m.

12.3 MAJOR Bottles, glass, cans and plastic meant for recycling must be cleaned and left in bags and placed on the floor of the garbage room, per the schedule posted, or carried to the appropriate bins in the basement. Newspapers must be placed on the floor of the garbage room, per the schedule posted, or carried to the appropriate bins in the basement.

12.4 MINOR Large boxes, cartons must be taken to the basement or arrangements made with the Head Janitor for removal.

12.5 MAJOR Lighted cigarettes, embers or burning objects must not be placed in the garbage chute.

12.6 MAJOR Removal of old appliances, furniture, carpeting and the like is the responsibility of the Owner or tenant. Arrangements for their disposal can be made through the Head Janitor or the Managing Agent. An appropriate scavenger fee will be charged and collected in advance of the actual pick up.

12.7 MAJOR Paint containers must not be placed in the garbage chute.

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13. MAINTENANCE AND REPAIRS

13.1 The staff in a condominium does not provide service inside an apartment except for emergencies requiring immediate action. Owners are not to contact the staff during their normal working hours, except in the case of an emergency. This means a fire, explosion, flooding, etc. The one exception to this is that the Janitor will repair leaky faucets and malfunctioning flushing mechanisms, exclusive of parts. If the leaky faucet needs replacement, the Unit Owner must pay for the new faucet. Requests for work in Units must be placed in the Avoid Verbal Orders book with the doorman. Or, CLICK HERE.

Our basic condominium structure is based on the premise that you are an individual Owner. When you own a condominium you are responsible for all maintenance and repairs within your Unit. Pages 9 and 10 of the Declaration of Condominium Ownership in Section 4.11 states that "each Unit Owner shall furnish and be responsible at his own expense: (1) All maintenance, repairs and replacements within his own Unit; and (2) all of the decorating within his own Unit...". In addition, you own a part of the Common Elements.

One Common Element expense is the janitorial payroll. Under the terms and conditions of the Declaration of Condominium Ownership and By-laws, the Janitor is working for the Association and devotes all of his time to the Common Elements.

Therefore, the Janitor is instructed not to work in any condominium Unit during his normal working hours. However, you may find that the building Janitor is willing to make repairs within your Unit on his off hours and at your expense. The Managing Agent will be happy to suggest reputable people that an Owner may wish to call for service or repair work when the building Janitor is unable to handle the requested repair work.

IF YOU DECIDE TO USE ONE OF THE JANITORS TO PERFORM PERSONAL WORK IN YOUR APARTMENT, PLEASE REALIZE THAT THE 2970 LAKE SHORE DRIVE CONDOMINIUM ASSOCIATION AND MANAGING AGENT WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY. OUR BUILDING INSURANCE POLICY DOES NOT SUPPLY THE JANITORS WITH LIABILITY INSURANCE FOR THEIR ACTIONS WHILE WORKING FOR INDIVIDUAL UNIT OWNERS.

Services to the Association

The following list illustrates the types of maintenance and repairs to the Common Elements of the building. These services are the responsibility of the Association:
  1. All common area repairs, such as:

a. Boiler Room equipment
b. Mechanical equipment
c. Elevator maintenance
d. Roof deck
  2. Breaks or blockages in the hot or cold water system of the building located inside the walls of the building or in the Common Elements of the building only.
  3. Breaks or blockages in the sewer system of the building located in the walls or in Common Elements.
  4. Obstructions in the ventilation exhaust systems of kitchens or baths.
  5. Disruptions in the electrical service before it reaches the fuse panel in Units.
  6. Removal and installation of screens on a request basis.
  7. Leakage through window frames, walls or roof. This is limited to tuckpointing, roof repairs and exterior caulking.
  8. Breakage in the heating system, blockage in the heating line or faulty thermostats.
  9. Window or screen breakage from Association contractors, natural causes or other acts of God.
10. Leaky faucets and malfunctioning flushing mechanisms, exclusive of parts.
11. Antenna and associated equipment.

As distinguished from the above services, other types of services are not the financial responsibility of the Association. Illustrative of these types of services, which are NOT the responsibility of the Association, are the following:

  1. Repair of appliances.
  2. Moving of personal property.
  3. Repair of electrical services or fixtures within the Owner's Unit.
  4. Repair or replacement of plumbing fixtures.
  5. Carpeting inside Unit.
  6. Decorating inside Unit.
  7. Repair or replacement of cabinets, floor tile, wall tile, locks or hardware.
  8. Cleaning inside Unit.
  9. Performing errands or deliveries.
10. Repairs of drapery, hardware or shades.
11. Remodeling or alterations inside Unit.
12. Blockages in the drain lines caused by the Owner, e.g., hair build-up in the bathtub drain.
13. Interior caulking or grouting of tile.
14. Window or screen breakage - when the breakage occurs from action of the resident, guests or contractors of the resident.
15. Repair or replacement of air conditioners and air conditioner panel sleeves.
16. Repair or replacement of smoke detectors, smoke detector batteries and door closers.

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14. ALTERATIONS, ADDITIONS OR IMPROVEMENTS

14.1 MAJOR Per the Declaration of Condominium Ownership, "No alterations of any Common Elements (including wiring, plumbing, etc.), or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board."

14.2 MAJOR No screws, nails, or fasteners of any type can be placed in the window frame and/or window sash. This will void the window manufacturer's warranty.

14.3 MAJOR Painting of window frames and/or window sashes is prohibited.

14.4 Unit Owners are financially responsible for the repair or replacement of the window due to damage or violation of Sections 14.2 and 14.3. This extends beyond the warranty period.

15. CONSTRUCTION AND REPLACEMENT PROCEDURES

15.1 MAJOR Any construction which would cause disturbing noise can be done only during the normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and between 10:00 a.m. and 5:00 p.m. on Saturday. No work of this nature may be done on Sundays or holidays.

Debris can only be removed during the hours of 9:00 a.m. and 4:00 p.m. on Monday through Friday. Construction debris must not be removed on Saturdays, Sundays or Holidays.

15.2 MAJOR No construction work can be done without the prior approval from the Board of Directors.

15.3 MAJOR The plumbing and electrical systems of our building were not designed to accommodate washers, dryers and disposals; therefore, the installation of such fixtures are prohibited, except in hardship situations. The installation of these fixtures must then be approved, in advance, by the Board.

15.4 MAJOR Portable washers and portable dishwashers are prohibited.

15.5 MAJOR No modification may be made to the building exhaust system (duct work) without the prior approval of the Board.

15.6 MAJOR Owners must obtain a certificate of insurance from their contractors prior to remodeling. Copies of the final waivers of lien must be submitted for any work performed on Common Elements.

15.7 MAJOR Use of the elevator for transporting materials such as lumber, drywall and other items of construction and the removal of debris must be scheduled through the Managing Agent and the elevator must be properly protected (refer to Section 6.5 Elevators) and Section 28 Move-in and move-out).

15.8 MAJOR All construction debris must be removed from the premises. It is the responsibility of the Owners to instruct their contractors to remove all such debris and leftover materials from the premises. The garbage chute, toilets, sinks and bathtubs may never be used for disposing of such construction debris.

15.9 MAJOR No construction work such as spray painting, sawing, glass cutting and the shaking out of drop cloths, is permitted in any Common Element including, but not limited to, stairwells or garbage chute areas. Owners must make arrangements with the Head Janitor if space for this work is required.

15.10 MINOR Clean drop cloths must be used to cover the traffic areas completely and provide total protection for the hallway carpeting. They must be removed at the end of each workday and corridors cleaned.

15.11 Unit Owners are financially responsible for any damage to, or extra cleaning of, the Common Elements due to construction in the Owner's Unit.

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16. SECURITY MEASURES AND PROCEDURES

The Board cannot overemphasize the importance of each resident's being concerned about, and participating in, the security of the building. These basic procedures below should be followed by every resident:

16.1 Immediately report any suspicious person, strange vehicle, or unusual activity to the doorman or security guard or police.

16.2 Verify the identity of visitors, both when announced and again when they knock at your Unit door.

16.3 Do not allow strangers to walk into the building after you. If you do not know them, ask them to use their own key.

16.4 Do not ask the doorman to do favors that take him away from his post.

16.5 MAJOR Keep all doors to the outside locked and do not prop them open.

16.6 Keep all Unit doors double locked.

16.7 MINOR Keep the interior garage doors closed and locked.

16.8 When leaving town for an extended period, suspend your newspaper deliveries. Notify the Managing Agent before you depart and leave a number where you can be reached.

16.9 MAJOR Instruct your delivery and service people to ask for entry through the doorman. Do not issue building keys to them.

16.10 Inform the Managing Agent of any non-functioning doors and locks.

16.11 Garage parkers should watch their rear view mirrors to make sure no car or person follows them into the garage.

16.12 MINOR Keep the bicycle room locked at all times.

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17. SOLARIUM

The Solarium is intended for the use and enjoyment of all residents. The following rules are not to impose unnecessary restrictions, but to ensure that all residents have an equal opportunity to enjoy the Solarium. These areas are for all residents and are not an extension of an individual Unit. Any Owner may reserve the Solarium for private use subject to the following:

17.1 MINOR Only the actual Owner, not renters, dependents or guests of the Unit, may reserve the Solarium.

17.2 MINOR Unit Owner must file a RESERVATION FORM at least 72 hours prior to the date to be used, but not more than 60 days prior to the event, with the Managing Agent giving the date and time of the event, the approximate number of guests, and the nature of the event (e.g., card party, shower, etc.). Owners reserving the Solarium shall sign a release of liability to the Association. The Solarium shall be reserved on a first come, first served basis.

17.3 MAJOR Unit Owner, or tenant if rented, shall be present at the event throughout its duration.

17.4 It is the Unit Owner's/tenant's responsibility, along with a member of the building staff, to inspect the Solarium before and after the event. The Owner shall be financially responsible for any damage caused by guests.

17.5 MAJOR When the Solarium is used for any gathering of minors, an adult shall be present at all times and shall be responsible for them.

17.6 MINOR Immediately after any party, the Solarium shall be restored to the same condition as it was prior to the event by the reserving party.

17.7 MINOR No fees for admission, attendance, food or drink shall be charged to anyone attending an event in the Solarium. This area is for private use by the Owners and their guests.

17.8 MINOR Owners reserving the Solarium for private parties must allow other Owners access to the roof deck.

17.9 MINOR No cooking is permitted in the Solarium or on the roof deck areas.

17.10 MINOR Pets are not allowed in the Solarium or on roof deck areas.

17.11 MINOR No glass or other breakable objects are permitted on the roof deck.

17.12 MINOR Smoking is not allowed in the Solarium, but is permitted on the roof deck utilizing the ash cans provided. Cigarettes cannot be discarded on or over the roof deck.

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18. SIGNS

18.1 MINOR No advertisement, sign, solicitation or notice mustl be publicly displayed on the building premises, including apartment windows, without the written consent of the Board. This rule shall not be deemed to prohibit notices of isolated transactions, such as an offer for the individual sale of an item by any Owner on the bulletin board in the laundry room.

18.2 MINOR No notices, signs, bulletins, or any matter whatsoever, may be placed in the elevator area without the approval of the Board.

18.3 MINOR Items placed on the bulletin Board in the laundry room may be removed only by the Managing Agent or the Owner who originally placed the item.

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19. SOLICITATION

19.1 MINOR Solicitation of any kind is prohibited.

20. DRIVEWAY

20.1 MAJOR Vehicles may not be left in the front driveway area for longer than 15 minutes.

20.2 MAJOR Large deliveries such as furniture, appliances, cabinetry and carpeting must be delivered using the side (north) door. Delivery trucks and vans are not allowed to be parked in the driveways of the building.

21. CYCLES AND OTHER VEHICLES

21.1 MINOR Non-motorized wheeled vehicles such as bicycles, tricycles and wagons shall be stored only in the designated bicycle room and registered through the Managing Agent.

21.2 Only one space in the bicycle room will be assigned per registered resident. A registered resident is defined as a resident whose name is on the lease (tenants) or the title (resident Owners), and their dependent(s) who reside full time in the Unit. Additional spaces will be provided on a first request basis. Additional spaces may be taken away to provide space for first space requests.

21.3 Any bike found not to be in its designated space will be removed and disposed of immediately.

21.4 The bicycle room is not meant to be used for storage of bicycles that are no longer used or useable. To help free up spaces for other residents it is requested that any old bikes you do not intend to ride be removed or disposed of. Upon notification Management will assist in this process.

21.5 MINOR No motorized vehicles, that cause excessive noise and are an annoyance or nuisance to residents, are allowed in the building or parking areas, excluding those vehicles that are defined under the guidelines for the American Disabilities Act.

21.6 MINOR Bicycles may not be taken in or out of the building through the main lobby entrance.

21.7 MINOR Non-motorized vehicles shall not be left standing unattended in Common Elements, nor are they allowed in the elevators, except for baby strollers and grocery carts.

21.8 Neither the Association nor its Managing Agent assumes any liability for theft or vandalism occurring in the bicycle room.

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22. WATERBEDS

22.1 Owners shall be financially responsible for damage caused by leaking waterbeds.

23. GARAGE CARTS

23.1 MINOR Garage carts are provided for the convenience of all residents. The resident using the cart must return it to the garage corridor immediately after use. Carts should not remain in any hallway, stairwell or be placed on an elevator unescorted.

24. PARKING

The Association has made the following rules to control the use of building parking spaces. Persons who rent parking space and who violate these rules may have penalties imposed. These penalties include the revocation of the parking assignment after due notice and a hearing before the Board.

24.1 As vacancies occur, available spaces are filled from the waiting list for parking spaces. Names are added to the list, after closing, according to the date applications for parking are received by the Managing Agent. All resident Owners are listed ahead of all renters on the list.

24.2 MAJOR Only one permanent parking space will be rented to a resident Owner or renter of a residential Unit (single unit, combined unit or multiple units). A Resident Owner or renter may rent a second parking space only if there is not a waiting list for a first space. However, any second parking space must be relinquished if a Unit Owner without a parking space requests one.

24.3 MAJOR All persons assigned a parking space in Association spaces must sign a parking agreement. Parking spaces may be used only by the resident renting the space and their immediate households. An exception will be made for parkers who wish to sublet their space while they are on vacation. The sublet must occur through the Managing Agent and will be offered on the same basis as a permanent space. Persons who take a sublet will not forfeit their position on the waiting list for a permanent space. Spaces will not be sublet to a non-resident.

24.4 When a condominium Unit is sold or rented, any parking space rented or used by the occupant of that Unit will revert to the Association for reassignment.

24.5 MINOR Inside parkers will have no assigned space. Vehicles will be parked at the discretion of the parking attendant and vehicle owners must allow their vehicles to be parked, moved, and retrieved by the attendant. To facilitate this, the keys must be left in the vehicle with the driver's door unlocked.

24.6 Inside parkers will be issued a garage door opener. Parkers are responsible for lost or broken openers and must deposit with the Managing Agent an amount equal to the replacement cost. The opener will remain the property of the Association and must be surrendered upon demand.

24.7 MAJOR Storage of personal possessions and repair of vehicles including, but not limited to the following: oil changes, tune ups, body work and transmission or engine work is not permitted in the garage or on the parking deck.

24.8 MAJOR Vehicles must not be backed up or down the garage ramp.

24.9 MAJOR Vehicle speeds shall not exceed 5 miles an hour anywhere on the property.

24.10 The Association and its Managing Agent assume no responsibility for damage or loss to vehicles or to personal property stored or kept in vehicles.

24.11 If a parker has a delinquency of one month's rent for more than three months, the right to his/her spot will be revoked unless a hardship is determined.

24.12 MAJOR All inside parkers must provide the managing agent with a spare set of keys to their vehicle's door lock and ignition.

24.13 Multiple incidents of damage to other vehicles or the Common Elements due to negligent driving are subject to revocation of the resident Owner or renter's parking assignment.

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25. CHRISTMAS TREES

25.1 MINOR The use of artificial Christmas trees is encouraged because of the fire hazard of natural trees. If a natural tree is used, contact the Head Janitor regarding its disposal. Do not place trees in the garbage rooms.

26. KEYS

26.1 MAJOR Each Unit Owner must provide the Managing Agent with keys to his or her Unit.

26.2 Each Unit Owner must cooperate in maintaining the security of the building keys.

26.3 If an individual building key is lost, the Owner may be assessed the cost of re-keying the building.

26.4 When security personnel or a new or substitute doorman is on duty, Unit Owners may be requested to present their key to gain access into the building.

27. DELINQUENT ASSESSMENTS

All Unit assessments and other charges are due on the first day of the month. Assessments and other charges not paid in full by the 10th day of the month in which they are due shall be considered delinquent and subject to the following provisions and penalties:

27.1 For all delinquencies, there shall be a monthly late charge of $50.

27.2 Said late charges shall be considered as additional assessments against the Unit and subject to the same billing, collection procedure and remedies as regular assessments.

27.3 If the assessments and charges are still delinquent on the 10th day of the 3rd month following the original due date, the account will be turned over to the Association's attorney for legal action. Pursuant to both the Condominium Declaration and Illinois law, the delinquent Unit Owner is liable for attorney's fees and costs caused by the delinquency.

27.4 If payment is not received within 30 days of the attorney's final demand before suit, the attorney may file a suit for forcible entry/detainer and/or foreclosure. Note: In a forcible entry/detainer suit, the Association can be granted legal possession of a Unit until the Unit becomes current with its assessments, service charges and legal fees.

27.5 The Board may suspend the imposition of Rule 27 on an individual basis for good cause shown such as, but not limited to, death, accident, illness or loss of employment.

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28. MOVES IN AND OUT

28.1 All moving, whether into or out of the building, must be scheduled and approved by the Managing Agent at least seven (7) business days prior to the moving date. There is a move in and move out charge of $100.00 per occurrence, in the form of a certified, cashier's check or money order, payable to the 2970 Lake Shore Drive Condominium Association. Approval will not be granted unless notice is given and the Managing Agent receives the fee and security deposit as described below (see 28.9).

28.2 The Association requires a damage security deposit of $100.00, when the moving party uses a commercial mover, or a damage security deposit of $500.00, for non-commercial moves. Deposits must be in the form of a certified check, cashier's check or money order made payable to the 2970 Lake Shore Drive Condominium Association and the person who is issuing the check. This deposit will be set aside for use in whole or in part by the Association to repair the damage or fines, if any, caused to the Common Elements of the building by the moving parties or their contractors. Cost of repairs in excess of the deposit will be the responsibility of the Unit Owner. Upon inspection of the premises after the move by the managing agent or its representative, the entire deposit will be returned provided no damage has been done.

28.3 All moves must be on the west elevator, Monday through Friday, between 9 a.m. and 4 p.m.

28.4 Moving will be allowed only after protective pads have been installed in the elevator. Moves shall be defined as transporting household furniture, appliances, and/or cartons into or from individual Units that necessitates holding the elevator with a key and/or requires more than one load full on the elevator.

28.5 When extra large furniture is to be moved that requires the use of the platform on top of the elevator, a special arrangement must be made by the party requiring such service with the Managing Agent. The cost is to be borne by the requesting party.

28.6 The moving party must furnish an insurance certificate from the commercial moving company that is acceptable to the managing agent. No move will be allowed without a valid insurance certificate. It will be the moving party's responsibility to secure a copy of such certificate for the managing agent's review no later than three business days before the scheduled moving date.

28.7 Any damage to Common Elements as a result of moving shall be the responsibility of the Unit Owner and the cost of repairs will be billed as an assessment against the Unit.

28.8 All moving parties must tour the traversed Common Elements both before and after each move-in or move-out accompanied by a member of the building staff or the Managing Agent's representative, and after each inspection, to sign a damage survey form.

28.9 Violations under Rule 28 are subject to a fine up to $250.00.

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29. LEASING OR LEASE RENEWALS OF UNITS

Any Owner wishing to lease his/her Unit must provide the Association, and comply with the following:

29.1 Written notice of Intention to lease must be provided upon the Owner's decision to make the Unit available for lease.

29.2 Copy of the executed lease. The lease shall contain the Condominium Lease Rider which can be obtained through the Managing Agent. No Unit shall be leased by a Unit Owner for a term less than one (1) year. No Units shall then be subleased. The lease shall contain a clause which states no pets are allowed, a clause indicating the number of people who will reside in the Unit, and a clause which requires the tenant to carry and pay for public liability insurance, commonly known as renter's insurance, and a clause that indicates the lease is not valid until the Board has waived it's first right and option to lease said Unit.

29.3 Application form as provided by the Managing Agent to be completed by the lessee.

29.4 No more than two persons shall occupy a one bedroom Unit and no more than four persons shall occupy a two bedroom Unit.

29.5 Credit report on the lessee. The Owner may ask the Managing Agent to secure and submit to the Board a credit report. The Owner will pay the prevailing charge to the Managing Agent for this service.

29.6 The lessee must meet with the Orientation Committee of the Association within 15 days of receipt of required documents.

29.7 Unit Owners are responsible for the actions of their lessees and for informing them of all Association Rules and Regulations.

29.8 For a period of 30 days following receipt of the above documents, the Board, on behalf of all remaining Unit Owners, shall have the first right and option to lease such Unit.

29.9 No one will be allowed to move in prior to the Board's exercising its first right and option to lease such Unit.

29.10 Any Owner renewing a lease with an existing tenant must provide the Association with a copy of the lease renewal and condominium rider. The lease must contain the additional clauses as noted above.

29.11 All current obligations must be paid prior to the Board's exercising its first right and option to lease such Unit.

29.12 Violations under Rule 29 are subject to a fine up to $250.00.

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30. SELLING OR TRANSFERRING OF UNITS

Any Owner wishing to sell or otherwise transfer his or her Unit must comply with the following, as well as provide the Association in no less than 45 days prior to the closing date of the contemplated sale with the following:

30.1 Written notification of intent to sell must be provided upon the Owner's decision to make the Unit available for sale.

30.2 Copy of the executed sales contract.

30.3 A signed statement that the purchaser agrees to abide by the provisions of the 2970 Lake Shore Drive Condominium Association, Declaration of Condominium Ownership, the By-laws of the Association and the Rules and Regulations heretofore and hereinafter promulgated or hereinafter established by the Owners or Directors of the 2970 Lake Shore Drive Condominium Association.

30.4 Application form, as provided by the Managing Agent, to be completed by the purchaser.

30.5 The Board, acting on behalf of the other Owners, shall have the right and option to purchase such Unit upon the same terms as the proposed sale, which option shall be exercised for a period of 45 days. If said option shall be exercised by the Board within the option period, or if said option is waived, the Owners may, at any time within 60 days after such waiver or the expiration of said period, consummate the sale as described and set forth in the notice to the Board. If the Owner fails to close said proposed sale within said 60 days, his/her Unit Ownership shall again become subject to the Board's right of first option.

30.6 All current obligations must be paid prior to the Board's exercising its first right and option to purchase such Unit.

30.7 No one will be allowed to move in prior to the Board's waiving its first right and option to purchase said Unit.

30.8 Violations under Rule 30 are subject to a fine up to $250.00.

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31. COMMON ELEMENTS

31.1 MAJOR As provided in the Declaration of Condominium Ownership, the Common Elements shall be the responsibility of the Association. Decorating shall be part of the common expense. No alteration of any Common Elements, or any additions or improvements, shall be made by any Unit Owner without the prior written consent of the Board.

31.2 MINOR To preserve the uniformity of the decorating in the hallways, the Board shall control the style and color of any changes of hardware on the exterior of the Unit doors, such as door knobs, knocker, numbers, viewing lenses, etc. Any Unit wishing to change any of the exterior hardware must contact the Managing Agent. The Managing Agent will then order hardware of approved color and design with the cost charged to the Unit Owner.

31.3 MINOR All window coverings shall be white, off-white, or other light toned neutral color on the side visible from the exterior of the building. Patterned or strongly colored materials must be lined with a neutral color.

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32. FLOOR COVERINGS

32.1 MAJOR Per the Declaration of Condominium Ownership, the floor covering for all Units must meet standards as may be specified by the rules and regulations of the Board.

32.2 MAJOR All floor areas must be covered. Kitchens, bathrooms, front foyer, front foyer closet, hallway and hallway closet, if not covered by carpet and pad, do not require a sound barrier underlayment. All other floor surfaces, not covered by carpet and pad, require the sound insulating barrier underlayment, and must be approved by the Board.

32.3 MINOR The following is the minimum underlayment system for use beneath a hard-surfaced wood floor:

  • Adhesively apply a single layer of 1/4" thick cork to the concrete structural floor system.
  • Adhesively apply a minimum layer of 3/4" plywood or cement board, e.g., USG Durock to the cork.
  • Apply the finish flooring to plywood or cement board. The cork must not be nailed through to the concrete slab.
  • Install 1/4" thick mineral fiber perimeter board to maintain an acoustic separation between the installed flooring and wall systems.
  • Any Unit Owner wishing to use an alternate product such as, Acousti-Tech 500, or an alternate method of installation must have a professional engineer registered with the State of Illinois whom is experienced in the field of acoustical engineering provide a statement indicating that the product and/or method complies with the above standards.

    32.4 For tile and marble surfaces the specifications as outlined in 32.3 must be followed with Durock, a cement board, being substituted for the plywood.

    32.5 Performance test standard - The floor/ceiling system shall result in a minimum Field Impact Insulation Class rating of 51 FIIC. Such results shall be demonstrated to the satisfaction of the Board by tests paid for by the Unit Owner and conducted by an independent acoustical consulting firm under the supervision of a registered professional engineer experienced in the field of acoustical engineering. The tests shall be conducted in accordance with the American Society for Testing and Materials (ASTM) Designation E 1007-97 "Field Measurement of Tapping Machine Impact Sound Transmission Through Floor-Ceiling Assemblies and Associated Support Structures."

    Classification shall be in accordance with ASTM Designation E 989-89 "Determination of Impact Insulation Class."

    32.6 Violators of this rule will be required to have their flooring redone to meet the sound insulating barrier standard.

    32.7 MINOR Existing flooring not meeting the sound insulating barrier standards are exempted if registered with the Association prior to May 2003. When such floors are replaced, they must be brought into compliance.

    32.8 See Section 38 regarding inspections.

    33. NOISE

    33.1 MINOR No excessive noise shall be carried on in any Unit or in the Common Elements, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other Owners or occupants.

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    34. AIR CONDITIONING

    34.1 MAJOR Air conditioning units must be installed in building standard panel sleeves. The air conditioner panel sleeves will be provided by the Association and must be installed by the building-approved air conditioning contractor. Sleeve sizes are as follows:

    26"W x 15-5/8"H
    26"W x 17-1/2"H
    Unit Owners are responsible for the cost of replacement panel sleeves.

    34.2 MAJOR Old air conditioning units can remain in alternate locations until such time as a condominium Unit is sold. Air conditioning units must then be installed in the air conditioning panel sleeves in the approved location. No application for approval or resale will be approved without a rider on the sale contract.

    34.3 MAJOR Old air conditioning units (exterior cases) must be painted the standard color.

    34.4 MAJOR All old air conditioning units must be installed by the building-approved air conditioning contractor in the metal panels in the sash.

    34.5 MAJOR No air conditioning units are to be installed by Unit Owners, now or in the future. They must be installed by the building-approved air conditioning contractor at the Unit Owner's cost. Re-installation may be performed by our building Head Janitor.

    34.6 MAJOR Existing low profile units are to be installed in the best way by the building-approved air conditioning contractor.

    35. OPEN HOUSES

    A. Unit Sales

    35.A1 MAJOR Any Owner wishing to have an open house must notify the Managing Agent in writing at least three days prior to the event. The name(s) and phone number(s) of the brokerage office and its representatives that will be present at the open house shall be included in this notification. The agent is required to sign in with the doorman upon coming to the building.

    35.A2 MAJOR Open houses cannot begin before 11:00 a.m. and must conclude by 4:30 p.m.

    35.A3 MAJOR Notices or signs may not be placed or posted on or in any common area of the building or property, except that a notice no larger than 8-1/2" x 11" can be posted on the laundry room bulletin board.

    35.A4 MAJOR During the entire time of the open house, the Owner or his/her agent must have at least one representative present in the Unit at all times. The agent must be able to accept calls from the doorman notifying the agent that a prospective buyer(s) is (are) at the doorman's desk. The doorman will allow the prospective buyer(s) to enter after receiving authorization from the agent. The agent must be able to use the Unit Owner's telephone or have a cellular phone available for these calls. All prospective buyers will be required to sign in with the doorman, provide an address and show proper identification, such as a picture ID. Should prospective buyers not reach the Unit in a reasonable amount of time the agent will notify the doorman immediately. Upon leaving the building, the prospective buyers are required to sign out.

    35.A5 MAJOR At no time shall a prospective buyer or any other unidentified persons be allowed to wander in the building (solarium, roof deck, garage, laundry or locker areas) unattended.

    B. Other Open Houses

    35.B1 MAJOR Any Owner wishing to have an open house for purposes non business related including but not limited to civic, political and charitable functions must notify the managing agent in writing at least three days prior to the event. The names and phone numbers of the sponsors/supervisory persons that will be present at the open house shall be included in this notification. These individuals are required to sign in with the doorman upon coming to the building and to remain with the guests at all times. A list of the participants/guests must also be furnished.

    35.B2 MAJOR Open houses cannot begin before 11:00 a.m. and must conclude by 4:30 p.m. and cannot take place on Saturdays, Sundays or holidays.

    35.B3 MAJOR Cars, buses or other vehicles may not park in the driveway.

    35.B4 MAJOR Large contingents will be directed by the doorman. The doorman will advise the guests that only one elevator may be used to transport participants up and down from the Unit. The guests are prohibited from tying up both elevators.

    35.B5 MAJOR At no time shall any guests or any other unidentified persons be allowed to wander in the building (solarium, roof deck, garage, laundry and locker areas) unattended.

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    36. USE AND OCCUPANCY

    36.1 MAJOR The Declaration of Condominium Ownership prohibits businesses from operating in Units, except as provided by Article VII - Paragraph m. regarding "Certain Personal Professional Activities".

    37. INSURANCE

    37.1 Pursuant to the Declaration, each Unit Owner shall be responsible for his own insurance on the contents of his own Unit, and his additions and improvements thereto and his decorating and furnishings and personal property therein, and his personal property stored elsewhere on the Property.

    37.2 In addition, pursuant to Section 12 of the Illinois Condominium Property Act, all Unit Owners and renters shall obtain insurance covering their personal liability and compensatory (but not consequential) damages to another Unit caused by the negligence of the Owner or his or her guests, residents, or invitees, or regardless of any negligence originating from the Unit. The personal liability of a Unit Owner or Association member must include the deductible of the Owner whose Unit was damaged, any damage not covered by insurance required by this subsection, as well as the decorating, painting, wall and floor coverings, trim, appliances, equipment, and other furnishings.

    37.3 In the instance an insurance claim is made for damage to a Unit or Common Elements, the Board of Directors may (i) pay the deductible amount as a common expense, (ii) after notice and an opportunity for a hearing, assess the deductible amount against the Owners who caused the damage or from whose Units the damage or cause of loss originated, or (iii) require the Unit Owners of the Units affected to pay the deductible amount.

    37.4 The Board of Directors is not responsible to purchase the above insurance on behalf of any Owner or renter.

    37.5 Violations under Rule 37 are subject to a fine up to $500.00.

    38. INSPECTIONS

    38.1 MINOR All Construction is subject to inspection by Management.

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    39. ENFORCEMENT OF RULES

    The Association's goal is voluntary compliance with its rules. However, in order to maintain the high living standards for all residents of the building, the Board of Directors of the 2970 Lake Shore Drive Condominium Association has adopted the following penalties for infractions of the Rules and Regulations of the Association. All penalties will be considered against "Units" and their collection shall be enforced as such. Unit Owners will be financially responsible for actions of their renters.

    When an infraction of the rules is alleged, the Board will make a determination of the existence of the infraction by making an investigation and gathering information as it deems reasonable in the circumstances.

    The Unit Owner will be notified in writing of the alleged infraction and will be invited to the next meeting of the Board of Managers to be heard before the Board.

    At the hearing before the Board, the alleged violator will have the right to hear the evidence against him/her, to cross-examine witnesses and to present evidence of his/her own. The alleged violator may be represented by an attorney or by any other representative of his/her choosing. Any of the above rights may be waived by the alleged violator.

    Based on the evidence presented at the hearing, the Board will determine by a preponderance of the evidence whether the violation occurred and will make a statement of its findings of fact and conclusions and of the remedy or other action taken. A copy of this statement will be served on the violator. Failure to appear at the hearing may result in a default judgment against the violator provided there is sufficient evidence of the violation.

    Any penalty levied will be based on infractions as set down under the category as spelled out in the 2970 Lake Shore Drive Condominium Association, Rules and Regulations.

    39.1 This penalty will also apply for failure to follow the Regulations relating to Move Ins and Move Outs, as noted in Section 28.

    There will be a penalty up to $250.00 for failure to comply with each requirement of the leasing, subleasing or lease renewals of Units and selling or transferring of Units, as noted in Sections 29 and 30.

    There will be a penalty up to $500.00 for failure to comply with the insurance requirements, as noted in Section 37.

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    39.2 MAJOR INFRACTIONS

    Elevator - Items 6.2, 6.5
    Pets - Items 6.2, 9.1, 9.3, 9.6, 9.7, 9.8
    Storage Area - Item 10.2
    Hallway/Corridors/Stairwells - Items 11.6, 11.7, 11.9, 11.10
    Refuse - Items 12.3, 12.5, 12.6, 12.7
    Alterations, Additions or Improvements - Items 14.1. 14.2, 14.3
    Construction and Replacement Procedures - Items 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9
    Security Measures and Procedures - Items 16.5, 16.9
    Solarium - Items 17.3, 17.5
    Driveway - Items 20.1, 20.2
    Parking - Items 24.2, 24.3, 24.7, 24.8, 24.9, 24.12
    Keys - Item 26.1
    Common Elements - Item 31.1
    Floor Coverings - Items 32.1, 32.2
    Noise - Item 33.1
    Air Conditioning - Items 34.1, 34.2, 34.3, 34.4, 34.5, 34.6
    Open Houses - Items 35.A1, 35A.2, 35.A4, 35.A5, 35.B1, 35.B2, 35.B3, 35.B4, 35.B5
    Use and Occupancy - Item 36.1

    Major infractions of the Rules and Regulations shall carry a fine of $50.00, plus the cost of repair to any damage as a result of Rule infraction.

    39.3 MINOR INFRACTIONS

    Receiving Room - Item 3.2
    Smoking - Item 4.1
    Elevator - Items 6.1, 6.4
    Laundry Room - Items 7.2, 7.3, 7.4, 7.5
    Lobby - Items 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7
    Pets - Item 9.4
    Hallway/Corridors/Stairwells - Items 11.1, 11.2, 11.3, 11.4, 11.5
    Refuse - Items 12.1, 12.2, 12.4
    Construction & Replacement Procedures - Item 15.10
    Security Measures and Procedures - Items 16.7, 16.12
    Solarium - Items 17.1, 17.2, 17.6, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12
    Signs - Items 18.1, 18.2, 18.3
    Solicitation - Item 19.1
    Cycles and Other Vehicles - Items 21.1, 21.5, 21.6, 21.7
    Parking - Item 24.5
    Garage Carts - Item 23.1
    Christmas Trees - Item 25.1
    Common Elements - Items 31.2, 31.3
    Floor Coverings - Items 32.3, 32.7
    Inspections - Item 38.1
    Open Houses (Unit Sales) - Item 35.A3

    Minor infractions of the Rules and Regulations shall carry a progressive penalty as follows:

    a. One written warning.
    b. Second and future offenses $25.00 fine for each infraction.
    39.4 In the event a violation of a rule is ongoing, the Board of Directors may assess the fine on a daily basis for as long as the violation exists, but in no event shall any violation arising out of the same set of facts exceed $2,500 in the aggregate. The Board need not hold separate hearings for each such day the violation continues.

    39.5 The fines set forth in these Rules and Regulations are in addition to, and not in substitution for, any other remedies afforded the Association for the violation of the Rules and Regulations of the Association as set forth in The Declaration of Condominium Ownership or By-Laws of the Association.

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