Article X – Architectural Controls

Note: The “Covenants” posted on these pages have been reformatted slightly to make the suitable for Internet posting. Although it is believed that the content is accurate, in any situation where there is discrepancy between this posted document and the official covenants filed with DuPage County, the legally filed document will take precedence.

AMENDED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION

ARTICLE X: ARCHITECTURAL CONTROLS

10.1 Architectural Controls on Buildings and Other Structures: The purpose of the architectural controls set forth herein is to preserve the Subdivision as an attractive and aesthetically harmonious single-family residential community; therefore, no Structure shall be constructed or remodeled on any Lot nor shall any addition to, change or alteration of the exterior of any Structure or landscaping on any Lot be permitted except as shall be approved pursuant to Paragraph 10.2.

10.2 Association Approval: If an Owner desires to construct, reconstruct, remodel, add to change or alter the Structure or change or alter the landscaping located on his, her or its Lot in any manner, or to construct a new Structure upon his, her or its Lot, or to place, erect or construct a swing set or playground equipment, the Owner shall submit to the Board (a) the plans and specifications for the proposed improvement, showing the nature, kind, height, shape, material, color scheme and proposed location or landscape plan of the proposed alteration, addition or change, and (b) a completed copy of a form designated by the Board for use in submitting such proposals for approval. The Board shall consider any such request on the basis of its harmony of external design and location in relation to surrounding Structures and topography, the impact on the immediate neighbors’ views or use of their property and this Amended Declaration. Within forty-five (45) days after the submission of the required form and plans and specifications, the Board shall approve or disapprove any such request in writing. In the event the proposed improvement is disapproved, the -Board of Directors shall specify the reasons therefore in writing to the Owner of the Lot. In the event the Board fails to so approve or disapprove such a request within forty-five (45) days after such plans and specifications are submitted, such request will be deemed approved. The Board of Directors may appoint an Architectural Control Committee to consider requests for Architectural Approval which committee shall consider such request and advise the Board of Directors. The Board may set and charge a reasonable fee for administering the review process.

10.3 Undue Delays, Debris: An Owner shall use his, her or its best efforts to cause the construction process of any approved construction, reconstruction, remodeling, addition or change in the structure, or any new structure or any landscaping on his, her or its Lot to proceed as expeditiously as possible. All construction debris shall be placed and securely contained in receptacles on the Owner’s Lot until removed from the Subject Properties.