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.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION
ARTICLE XV: GENERAL PROVISIONS
15.1 Discretion of the Association: The foregoing powers and duties of the Association shall be exercised by the Association in its sole discretion, in whole or in part, and the determination by the Board of Directors with respect to exercising or enforcing any of the above powers and duties shall be binding on all Members.
15.2 Non-Waiver Except by Written Instrument: No conditions, covenants, restrictions, reservations, grants or other provisions of this Amended Declaration shall be deemed to have been waived by silence, or inaction, or failure to enforce rights or by any other matters whatsoever, other than a writing executed by the party against whom the waiver is asserted, which expressly states that a specified right or remedy is being waived. No waiver shall be deemed to have been affected by the failure to enforce rights or remedies of which a party is possessed, regardless of the number of breaches or violations of said rights which have occurred.
15.3 Partial Invalidity — Severability: The invalidity of any of the conditions, covenants, restrictions or reservations herein contained, or of any other provision or provisions, of whatever nature, of this Amended Declaration shall not in any way impair or affect the validity or enforceability of any other provision or provisions of this Amended Declaration. Any such invalidity shall be deemed partial and separable, and all of this Amended Declaration shall be deemed valid, enforceable and binding except for the invalid provision.
15.4 Notices — In General:
a. Notices of Meetings or Special, Meetings of the Board or of the Members shall be given in accordance with the provisions of this Amended Declaration.
b. Notices of default, or formal demands shall be delivered in person or sent by certified or registered mail, with request of return receipt. Notices shall be deemed delivered on the date personal delivery is made or two days after the date of mailing. Notice to an Owner may be given to the Owner at his, her or its Lot, unless the Owner has informed the Association otherwise in writing. Notice may be given to the Association at its registered office, or sent to the home of the President of the Board.
c. Notice to the personal representative of a deceased Owner shall be sent to the address furnished by such personal representative to the Board, and if no address is furnished by said personal representative, the notice to a deceased Owner shall be given to the decedent’s representative by a writing directed to the decedent Owner at such Owner’s Lot.
15.5 Liberal Interpretation: This Amended Declaration shall be liberally construed so as to effectuate and facilitate the objectives of this Amended Declaration as herein above set forth. Narrow, technical and literal construction of this instrument, inconsistent with the objectives of the Association, shall be avoided.
15.6 Rule Against Perpetuities: Should any provision of this instrument be unlawful or void for violation of. (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then, and in that event, such provisions shall be deemed to be operative only until twenty-one (21) years after the death of the last survivor of the now living descendants of James Edgar, Governor of the State of Illinois, and of William Clinton, President of the United States of America.
15.7 Gender, Usage of Singular and Plural Forms and Other Usage. Captions: Whenever the context so requires, use of the plural form shall include the singular, use of the singular form shall include the plural and any gender shall be deemed to include both genders and the neuter. Captions used in this Amended Declaration are inserted solely as a matter of convenience and shall not be relied upon or used in construing the text thereof.
15.8 Recordation: This Amended Declaration shall be recorded in the Office of the Recorder of Deeds of DuPage County, Illinois.
15.9 Conflicts Between Amended Declaration and Village Ordinance Provisions: In the event there is at any time a conflict between any provision of this Amended Declaration and any provision of any then effective ordinance, rule or regulation of the Village of Downers Grove, the ordinance, rule or regulation of the Village then in effect shall prevail, but only to the extent it is more restrictive than this Amended Declaration.
15.10 Non-Liability of the Board, Officers and Committee Persons: No member of the Board of Directors, no officer and no person serving on an Association committee shall be personally liable to the Members or to any others for any mistake in judgment or for any acts or omissions made in good faith.
15.11 Authority for this Amended Declaration: Instruments have been signed by a majority of the Owners agreeing to this Amended Declaration of Covenants, Conditions and Restrictions.
15.12 Exhibit A: Exhibit A consisting of fourteen (14) pages is attached hereto and by this reference is included herein as though herein fully set forth.
IN WITNESS WHEREOF, the Orchard Brook Home Association, an Illinois not-for-profit corporation, by authority of its Board of Directors, and the majority vote of its Owners, caused this instrument to be executed by its President and its corporate seal to be affixed and attested by its Secretary as of the day and the year first above written.
THE ORCHARD BROOK HOME ASSOCIATION
An Illinois Not-for-Profit Corporation
By: (signed) Perry E. Erhart, President
William M. Lawley
State of Illinois )
County of DuPage ) SS
I, Carolyn H. Barrett, a Notary Public, in and for said County, in the State aforesaid, do hereby certify, that Perry E. Erhart, President of the Orchard Brook Rome Association, and William M. Lawley, Secretary of the Orchard Brook Home Association, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of the Orchard Brook Home Association, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he, as custodian of the corporate seal of said corporation, did affix the corporate seal to this instrument as his free and voluntary act and as the free and voluntary act of the Orchard Brook Home Association, for the uses and purposes therein -set forth.
Signed: Carolyn H. Barrett
This document prepared by and mailed to:
William D. Lyman
Bedrava, Lyman and Van Epps
1301 West 22nd Street, Suite 914
Oak Brook, IL 60521