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 1: DEFINITIONS

1.1 “Amended Declaration” shall refer to this document entitled “Amended Declaration of Covenants, Conditions and Restrictions.”

1.2 “Association” shall refer to the Orchard Brook Home Association, an Illinois not-for- profit corporation, its successors and assigns.

1.3 “Board of Directors” or “Board” shall refer to the body of Members of the Association duly elected to manage the Association in accordance with this Amended Declaration and the Association’s By-laws. “Director” shall refer to a member of the Board of Directors.

1.4 “Building Height” or height of a structure is the vertical distance measured from finish grade level adjacent to the building being measured to the highest point of that building, usually the ridge line. Chimneys and ornamental architectural projections such as, but not limited to cupolas, shall not be included in calculating Building Height. “Finish grade” as used herein shall mean that the level of the ground surface adjacent to the building which has been approved by the Village of Downers Grove and/or which provides for proper drainage away from the building’s foundation.

1.5 “By-laws” shall refer to the duly approved By-laws of the Association as amended from time to time.

1.6 The term “commercial vehicle” shall include all automobiles, trucks or vehicular equipment which pursuant to State statute or Village ordinance require commercial license plates or shall bear signs or have printed on their side reference to any commercial undertaking.

1.7 “Common Areas” shall refer to all the real property, together with the improvements thereon and the appurtenances thereto, shown and referred to on the recorded plats creating the Subdivision as “Private Community Areas” and any area(s) so dedicated on any property made subject to this Amended Declaration in the future. The Common Areas include but are not limited to the swimming pool, Clubhouse, wetland areas located on the Private Community Areas and the gas lights installed on the parkways in the Subdivision and maintained by the Association and all appurtenances, replacements, enhancements, improvements and additions. Should any area currently designated as a Private Community Area be sold or conveyed, it shall cease to be a Common Area and shall become a Lot as defined in paragraph 1.11. Common areas shall not include dedicated public right of ways.

1.8 “Common Expenses” shall mean the proposed or actual expenses effecting the Common Areas or incurred by the Association in performing its duties, including, but not limited to, reserves and monies paid for capital improvements.

1.9 “Conditions and Restrictions” shall refer to the covenants, provisions, restrictions, easements, charges and liens set forth in this Amended Declaration.

1.10 “Declarant” shall refer to the Association.

1.11 “Lot” as used herein shall refer to each of the lots of record within the Subject Properties (as defined in paragraph 1.22), excluding the Common Areas.

1.12 “Member” or “Member of the Association” shall refer to every person (as defined in paragraph 1.15) who is an Owner (as defined in paragraph 1.13). “Members in good standing” as used herein refers to Members whose voting rights have not been suspended pursuant to paragraph 3.5.3

1.13 “Owner” and “Ownership” shall mean the record title holder of a fee or undivided fee interest in any Lot. The words “Owner” and “Ownership” shall include the following: (a) both the trustee and the beneficiary or beneficiaries in the case of a trust holding legal or equitable title to any Lot, (b) the corporation and its shareholders in the case of a corporation holding legal or equitable title to any Lot, (c) the limited liability company and its members in the case of a limited liability company holding legal or equitable title to any Lot, (d) the partnership and its partners in the case of a partnership holding legal or equitable title to any Lot, and (e) the chief executive officer of any public body acquiring legal or equitable title to any Lot. In the case of any Lot, the trustee shall furnish the Association with a certified copy of the trust agreement, a corporation shall furnish the Association with a list of its shareholders, a limited liability company shall furnish the Association with a list of its members and a partnership shall furnish the Association with a list of the partners and the public body shall furnish the Association with the name of its chief executive officer. Such persons shall, subject to the limitations set forth in Article III, be the Member entitled to vote at elections at which the votes of Members are taken and be personally liable for the annual and special assessments. The words “Owner” and “Ownership” shall exclude those having an interest in a Lot merely as security for the performance of an obligation, such as, by way of example, a mortgagee or a lienor, prior to such secured party taking fee simple title to the property through sale.

1.14 The responsibilities set forth in paragraphs 9.19, 9.20 and 9.22 shall be known as the “Owner’s Maintenance Obligation”.

1.15 “Person” shall refer to one or more living human beings.

1.16 “Person or other entity” shall refer to one or more living human beings, corporations, partnerships, limited liability companies, trusts, or other legal entity capable of holding title in Illinois.

1.17 “Record” shall mean either (i) to place a document of record in the Office of the Recorder of Deeds of DuPage County, Illinois; or (ii) a matter shown on a document that has been placed of record in the Office of the Recorder of Deeds of DuPage County, Illinois.

1.18 “Residence” shall mean one detached, free standing building designed to be one housing unit occupied by a single group of people living together as a family.

1.19 “Rules and Regulations” shall mean those Rules and Regulations adopted by the Board of Directors in accordance with paragraph 4.1 (k).

1.20 “Structure” shall mean anything erected or constructed the use of which requires or is intended to occupy a more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. The term “Structure” is to be given its broadest possible meaning. Included in the definition of Structure for the purpose of this Amended Declaration shall be, among other things, buildings, walls, patios, decks, pools, signs, sheds, posts, poles, playground equipment and fences.

1.21 “Subdivision” shall refer to that tract or parcel of land which encompasses all of the properties described on Exhibit “A” hereto, together with all improvements located thereon.

1.22 “Subject Properties” shall mean and refer to all Lots and Common Areas located within the Subdivision and included in the legal description attached as Exhibit A together with any real property made subject to this Amended Declaration in the future under the provisions of Article XIII and any personal property appurtenant thereto.