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 files with DuPage County, the legally filed document will take precedence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION
ARTICLE III: THE ASSOCIATION – MEMBERSHIP
3.1 The Association: The name of the Association is Orchard Brook Home Association. Orchard Brook Home Association is, and shall remain, a common interest community as defined in 735 Illinois Compiled Statutes (“ILCS”) § 5/9-102 (a)(8) (West, 1998). It is and shall continue to be organized under the Illinois Not-for-Profit Corporation Act or such other form of legally recognized form of organization as is beneficial to the Members and which permits the Association to fulfill its duties under this Amended Declaration. The registered office of the corporation shall be located at 1089 35th Street, Downers Grove, Illinois, or at the office of the corporation’s registered agent, as the Board of Directors may from time to time determine. Meetings of Members and Directors may be held at such places within the State of Illinois, County of DuPage as may be designated by the Board of Directors. For the benefit of its Members, the Association, acting through its Board of Directors, shall have the powers relating to the governance, maintenance, repair, improvement, management, and operation of the Common Areas and administration of the Subject Properties set forth in this Amended Declaration and the Association’s By-laws.
3.2 Membership: There shall be only one class of Membership in the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot in the Subject Properties.
3.3 Property Rights – Rights of Enjoyment: Except as provided in paragraph 3.5, the rights of each Member are deemed to be an easement for the use of the Common Areas in accordance with the provisions of this Amended Declaration, the Association’s By-laws and the Rules and Regulations. Persons legally residing on the Lot with the permission of the Owner shall have the benefits of Membership as set forth in this Amended Declaration. A Member may delegate the rights of enjoyment of the Common Areas and facilities to the members of his or her household. A Member shall notify the Secretary of the Association in writing of the name of each delegee. The rights and privileges of each delegee are subject to suspension to the same extent as those of the Member. The Association may charge a fee for the use of certain areas of the Common Areas, including but not limited to the swimming pool and Clubhouse by Members, their guests and/or non- members.
3.4 Voting Member: For purposes of voting, determining if a quorum is present or apportionment, each Lot shall constitute one Membership. One person shall be designated by the Owner as the “Voting Member” for each Lot at each election during which votes of the Members are taken. The Voting Member shall be the person entitled to cast the vote for the Lot at the election. In the case of an Owner not residing on the Lot, the Voting Member need not be a person living on the Lot. The Voting Member for a Lot may change from time to time, but each Lot shall be entitled to only one vote at any election. If the record Owner of a Lot shall be in more than one person, or if an Owner is a trustee, corporation, limited liability company, partnership or other legal entity, then the Voting Member for the Lot shall be designated by such Owner or Owners in writing to the Secretary of the Board and, if no designation is given, then the Board shall recognize any one Member connected with the Lot as the Voting Member for the Lot.
3.5 Suspension of Membership Rights: During any period in which a Member shall be in default of the Member’s obligations established in this Amended Declaration, the right of such Member to vote and/or use the Common Areas may be suspended by the Board of Directors until such default has been cured, provided that the Board of Directors has in like manner suspended the rights of all Members in similar defaults at the time.
3.6 Personal Liability: In all cases each Owner shall remain personally liable for the obligations of Membership in the Association as set forth in this Amended Declaration, the By-laws and the Rules and Regulations.
3.7 Transfer of Ownership: The Association shall be given written notice of the name of any intended transferees of a Lot (and if the intended transferee is a trust, corporation, partnership, limited liability company or other legal entity the Association shall be given the names of each of the persons having the beneficial interest, shareholder interest, partnership interest, membership interest or other rights of ownership of such entity) prior to any such transfer. The requirements of the last sentence may be met by providing the Association the required information at the time the Association is requested to provide assessment information to such proposed transferee and, subsequently, any changes thereto.