Article XIII – Additions to Existing Subject Properties

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 XIII: ADDITIONS TO EXISTING SUBJECT PROPERTIES

13.1 Additional Lands: Additional lands may become subject to this Amended Declaration by assent of two-thirds of the Members in good standing voting in person or by proxy at a meeting duly called for this purpose at which a quorum as defined in paragraph 11.6 is present. Written notice stating the purpose of the meeting shall be given to all Members in advance in accordance with paragraph 5.3 . Upon approval in writing of the Association pursuant hereto, the owner of any real property who is desirous of adding it to the scheme of this Amended Declaration and to subject it to the jurisdiction of the Association, and the Association shall record in the office of the Recorder of Deeds for DuPage County, Illinois, a Supplementary Amended Declaration of Covenants and Restrictions which shall extend the scheme of the covenants and restrictions of the Amended Declaration to such real property.

13.2 Supplementary Amended Declaration: The Supplementary Amended Declaration described in paragraph 13.1 may contain such complementary additions and modifications of the covenants and restrictions contained in this Amended Declaration as may be necessary to reflect the different character, if any, of the added real property to be added to the Subject Properties and as are not inconsistent with the scheme of the Amended Declaration. In no event, however, shall such Supplementary Amended Declaration revoke, modify or add to the covenants established by the Amended Declaration within the Existing Subject Properties unless this Amended Declaration is amended as provided in paragraph 14.2 hereof.

13.3 Merger or Consolidation: Upon a merger or consolidation of the Association with another association as provided in the Association’s Articles of Incorporation, the Association’s properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or in the alternative, the properties, rights and obligations of another association may, by operation of the law, be added to the Subject Properties, rights and obligation of the Association as the surviving corporation pursuant to such merger or consolidation provided that the Members of the Association are also members of the surviving or consolidated association. The surviving or consolidated association may administer the covenants and restrictions established by this Amended Declaration within the existing Subject Properties together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Amended Declaration in connection with the Subject Properties unless this Amended Declaration is amended as provided in paragraph 14.2 hereof.