Article IX – Use of the 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.



9.1 Land Use and Building Type: All Lots in the Orchard Brook Subdivision shall be used for single-family private Residence purposes only. No Structure other than a single-family private Residence with attached garage shall be constructed or maintained on any Lot in the Orchard Brook Subdivision, except as otherwise expressly specifically permitted in these Amended Declarations.

9.2 Building Height: Any Structure constructed or maintained in the Orchard Brook Subdivision shall not exceed two and one-half stories or 40 feet in height, whichever is the lesser.

9.3 Floor Area: The ground floor area of any Residence in the Subdivision, exclusive of attached garages, open terraces and breezeways, shall be:

a) For one-story Residences – not less than 1,300 square feet.

b) For Residences of more than one story – not less than 1,000 square feet, and the total living area in the Residence shall be not less than 1,750 square feet.

9.4 Driveways: Access driveways and other paved areas for vehicular use on a lot shall have a base of compacted gravel, crushed stone or other approved base material, and shall have a wearing surface of asphalt, concrete or brick. Plans and specifications for driveways, culverts, pavement edging or markers shall be subject to Architectural Control approval as provided in Article X of this Amended Declaration. No driveways shall be permitted from Highland Avenue.

9.5 Natural Drainage Way: Where storm water accumulates and remains on any -Lot over an extended period of time, the Owner of the Lot may, with the written approval of the Architectural Control Committee, take such steps as shall be necessary to remedy such condition. No obstructions or diversions of existing storm water over or through the surface that storm water naturally flows upon or across any Lot shall be made by the Owner in such manner as to cause damage to other property or in disregard of the Association’s or Village’s drainage plan for the Subject Properties.

9.6 Easements: Where Developer or Declarant has granted any easement to a public utility or surface drainage easement or other easements of record which are set forth in any recorded Plat of Subdivision, there shall be no permanent Structure or trees constructed or maintained on said easement but same may be used for gardens, shrubs, landscaping or other purposes that do not interfere with said uses or rights therein granted.

9.7 Home Businesses: A regular business may be conducted on any Lot in the Subject Properties if permitted in the R-1 Single-Family Detached Residence classifications under the Zoning Ordinance of the Village of Downers Grove, Illinois in effect from time to time; provided, however, that in no event shall any sign or any advertisement be permitted on any Lot or Common Areas advertising or identifying such business.

9.8 Prohibited Uses: No swimming pool; tennis, paddle tennis, shuffle board or other recreational court; or exterior television or radio antennae, poles, wires, rods, satellite dishes, or other devices in connection with the reception or transmission of any television, radio or any other electrical signal shall be situated, constructed or maintained on a Lot, except that the Board of Directors by resolution may permit certain small, innocuous antennas to be located on dwelling units, subject to architectural controls as specified in Article X. The hanging of laundry or other articles, or the erection of laundry drying equipment on a Lot is prohibited.

9.9 Animals and Plants: No animals, poultry or livestock of any kind shall be raised, bred or kept anywhere in the Subdivision, except dogs, cats and other common household pets shall be allowed (for other than commercial purposes), subject to such Rules and Regulations as may be enacted by the Board from time to time and applicable municipal ordinance. Any pet causing or creating a nuisance or unreasonable disturbance in the opinion of the Board may be, by written notice, prohibited from entering upon the Common Areas. No plants or seeds, or other things or conditions, harboring or breeding infectious plant diseases or noxious insects shall be introduced or maintained upon any part of a lot.

9.10 Signs, Flag Poles, Yard Lights:

(a) No signs of any kind shall be erected, placed or permitted to remain on the Subject Properties except:

(i) There may be not more than one nameplate on each lot designating the name of the family living in the home on the Lot. A nameplate shall be no more than 108 square inches in area, and contain the name of the occupant and/or the address of the dwelling. It may be located on the door of the dwelling, the wall adjacent thereto, upon an approved mail box stand, or free-standing in the front or side yard.

(ii) Signs of temporary nature advertising political candidates for office may be placed on Lots during the period of one (1) month prior to any election for office and two (2) weeks after such election.

(iii) Signs advertising political issues uniquely affecting the Orchard Brook Subdivision or its residents may be placed on Lots during the pendency of such issues.

(iv) “For Sale” or “For Rent” signs in size and shape customarily used in the community of Downers Grove by members of the real estate multiple listing services.

(b) One hospitality light standard, of a design approved by the Architectural Control Committee, may be located within the front yard. Flag poles are permitted provided the pole is not more than 25 feet in height, unless otherwise approved by the Architectural Control Committee.

(c) Nothing in this paragraph 9.10 shall impair or abridge any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution.

9.11 Storage: Rubbish, storage piles, trash, garbage, appliances, household items, vehicle parts, and the like shall not be dumped, placed or permitted on the exterior of any of the Subject Properties at any time except as shall be necessary to facilitate pick up and disposal. Temporary placement for pickup and disposal shall be subject to such Rules and Regulations as may be from time to time enacted by the Board of Directors.

9.12 Vehicles: The operation of any motorized vehicle, including any motorcycle, minibike or snowmobile, except on public streets, in the Subject Properties is prohibited. Except for private passenger automobiles or passenger vans, no motorized vehicle, including but not limited to a boat, camper, trailer, truck, commercial vehicle, motorcycle, minibike, snowmobile, motor home, manufacturing equipment, construction equipment, air craft or other vehicle of any type or part thereof shall be stored or parked on the Subject Properties (permanently or temporarily) other than in an enclosed garage except that (a) construction equipment may be parked temporarily on the Common Areas or a Lot during the pendency of constructing improvements during that period of time in which the equipment is required; boats, campers, motor homes and recreational vehicles may be parked temporarily on a Lot for periods not exceeding seventy two (72) hours. No vehicle of any type shall be repaired, assembled or disassembled on any Subject Properties except in an enclosed garage.

9.13 Camping: Tents, temporary shacks, cooking, and camping shall be prohibited on the Common Areas, except in such areas as may be designated, and subject to such Rules and Regulations as may be promulgated by the Board.

9.14 Fences: A fence or planting which delineates the perimeter of the Lot, or any portion thereof, or serves to segregate the Lot from adjoining properties, public rights of way or Common Areas, or interferes with the use of neighboring Lots or access to the Common Areas, or blocks any person’s view of a Common Area or presents any safety hazard shall not be placed on any Lot. The Board may create exceptions to the requirements of the foregoing sentence for Lots which border or are severely adversely effected by the highway now known as Interstate 88 or other extraordinarily unattractive, noisy or nuisance situations which are located other than within the Subject Properties and which are not otherwise subject to abatement.

9.15 Noxious or Offensive Activities: Neither noxious nor offensive activities shall be conducted anywhere on the Subject Properties, nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjacent Owners. Without in any way limiting the effect of the foregoing, the burning of refuse on the Subject Properties is specifically prohibited, except the burning of leaves and grasses is permitted if permitted by the Village of Downers Grove.

9.16 Air Conditioners: Through-the-wall or through-the-window air conditioners shall not be permitted. The air conditioning for any Residence shall be of the “central” type.

9.17 Landscaping: Trees, shrubs, plants or other landscaping materials shall not be planted in or removed from the Common Areas without the express written consent of the Board.

9.18 Storm Water Drainage and Retention Facilities: There may now exist or in the future be established certain easements for storm water drainage, detention or retention, which easements shall be for the benefit of or appurtenant to the Subject Properties. Notwithstanding the fact that such easement may not be subjected to the terms of this Amended Declaration, the easements shall, for maintenance purposes, be deemed Common Areas and shall be maintained by the Association in accordance with the terms of any such easement, grant or assignment, with the expense of such maintenance deemed a Common Expense subject to assessment as provided herein. An Owner shall not cross, or transport or maintain equipment on, any Common Areas or public area adjoining a Common Area for the purpose of pumping or otherwise removing water from any pond, creek or wetland for the purpose of irrigation or otherwise without in each case the express written consent of the Board of Directors.

9.19 Maintenance of Parkways and Boundary Easements: Owners shall be responsible for the maintenance of (a) the parkways located between their Lot lines and the edge of the street pavements; (b) the edges of Lacey Creek, if any, that abut their Lots and (c) the landscape easements, if any, on Lots located on the peripheral boundaries of the Subject Properties. Maintenance of parkways, edges of Lacey Creek and landscape easements shall be done pursuant to the direction and approval of the Board of Directors. Nothing in this Paragraph 9.19 shall be construed to prohibit the Association from landscaping and maintaining said parkways, the edges of Lacey Creek, the pond or easements.

9.20 Owner’s Individual Maintenance Obligation : Each Owner is responsible for the -maintenance of his, her or its Lot and the improvements thereon in a state of good repair. Foliage and landscaping on Lots shall be neatly maintained. Each Owner shall keep his, her or its Lot free from refuse, garbage and weeds and shall not permit any unsightly plants, underbrush or plants breeding infectious plant diseases or noxious insects to remain on his, her or its Lot.

9.21 Playground equipment: Swing sets and other playground equipment shall not be placed, constructed or maintained on the Common Areas except as may be placed, constructed or maintained in designated areas by the Association acting through the Board. Any swing set or other playground equipment to be placed, constructed or maintained on a Lot in the Subdivision shall be subject to prior Architectural Control approval as provided in Article X.

9.22 Nonconforming Uses: Each Owner shall bring his, her or its Lot and Residence into conformance with this Amended Declaration prior to closing any sale of the Lot and/or Residence to a third party.

9.23 Liability for Damage to Property: Each Owner may be liable for the expense to the Association of any maintenance, repair or replacement of any of the Subject Properties, including, but not limited to, any and all public improvements, ponds, creeks, storm water detention facilities and structures, surface water drainage ways, curbs, gutters, street lights, street signs, survey stakes, markers and monuments, rendered necessary by his, her or its act, neglect or carelessness or by that of any Member of his, her or its family, guests, employees, contractors, subcontractors, agents or lessees.