Article XIV – Term, Amendment and Termination

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.




14.1 Application: This Amended Declaration shall apply to any and all recorded plats of subdivision within the Subject Properties, irrespective of the date any of such plat or plats of subdivision are or were recorded.

14.2 Term: The covenants and restrictions of this Amended Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by Orchard Brook Home Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a two-thirds (2/3) majority of the then Owners of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; provided, however, that no such agreement to change shall be effective unless made and recorded one (1) year in advance of the effective date of such change.

14.3 Termination: The covenants and restrictions contained herein may be terminated and all of the Subject Properties now or hereafter affected may be released from all of the terms and provisions hereof by three-fourths (3/4) of the Members approving such proposal, and upon such approval to then so terminate these covenants and restrictions by executing and acknowledging an appropriate termination agreement for that purpose and recording the same in the Office of the Recorder for DuPage County, Illinois, or by dissolution of the Association in accordance with the laws of the State of Illinois, provided that in either event that all of the Common Areas be conveyed to and accepted by a similar not for profit Corporation with similar purposes as herein stated or if there is not any such not for profit Corporation ready and willing to accept such conveyance at the time of such termination, then such conveyance shall be made to any reputable charitable agency or organization who is exempt from Federal Income Tax at such time of conveyance or to the Village of Downers Grove, Illinois.