TABLE OF CONTENTS

AMENDED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION

RECITALS

ARTICLE I: DEFINITIONS

1.1. Amended Declaration
1.2. Association
1.3. Board of Directors
1.3. Board
1.3. Director
1.4. Building Height
1.4. Finish grade
1.5. By-laws
1.6. The term “commercial vehicle”
1.7. Common Areas
1.8. Common Expenses
1.9. Conditions and Restrictions
1.10. Declarant
1.11. Lot
1.12. Member or Member of the Association
1.12. Members in good standing
1.13. Owner
1.13. Ownership
1.14. Owner’s Maintenance Obligation
1.15. Person
1.16. Person or other entity
1.17. Record
1.18. Residence
1.19. Rules and Regulations
1.20. Structure
1.21. Subdivision
1.22. Subject Properties

ARTICLE II: PURPOSE OF THIS INSTRUMENT

2.1. Statement of Purpose
2.2. Benefit of Present and Future Owners
2.3. Effective Date

ARTICLE III: THE ASSOCIATION – MEMBERSHIP

3.1. The Association
3.2. Membership
3.3. Property Rights – Rights of Enjoyment
3.4. Voting Member
3.5. Suspension of Membership Rights
3.6. Personal Liability
3.7. Transfer of Ownership

ARTICLE IV: ADMINISTRATION OF THE ASSOCIATION

4.1 Duties of the Association
4.2 Real Property
4.3 Capital Improvements
4.4 Right to Borrow and Service Debt
4.5 Association’s Authority to Employ Others
4.6 Authority of Association to Lease or License
4.7 Business or Political Activity
4.8 Books and Records
4.9 Audit
4.10 Information to Purchasers of Lots
4.11 Funds and Titles for the Benefit of Owners
4.12 Qualify Under the Forcible Entry and Detainer Act

ARTICLE V: MEETINGS OF THE MEMBERS

5.1 Annual Meetings
5.2 Special Meetings
5.3 Notice of Meetings of Members
5.4 Need for a Quorum
5.5 Proxies

ARTICLE VI: THE BOARD OF DIRECTORS

6.1 Management of the Association – Board of Directors
6.2 Nomination
6.3 Election
6.4 Removal and Successor Directors
6.5 Compensation
6.6 Meetings of the Board
6.7 Action Taken Without A Meeting
6.8 Quorum
6.9 Open Meetings
6.10 Duties of the Board of Directors
6.11 Duty of Care
6.12 Employment of Professional Management

ARTICLE VII: ASSOCIATION OFFICERS AND THEIR DUTIES

7.1 Officers of the Association
7.2 Term
7.3 Resignation and Removal
7.4 Vacancies

ARTICLE VIII: ASSOCIATION COMMITTEES

8.1 Power to Appoint Committees

ARTICLE IX: USE OF THE SUBJECT PROPERTIES

9.1 Land Use and Building Type
9.2 Building Height
9.3 Floor Area
9.4 Driveways
9.5 Natural Drainage Way
9.6 Easements
9.7 Home Businesses
9.8 Prohibited Uses
9.9 Animals and Plants
9.10 Signs, Flag Poles, Yard Lights
9.11 Storage
9.12 Vehicles
9.13 Camping
9.14 Fences
9.15 Noxious or Offensive Activities
9.16 Air Conditioners
9.17 Landscaping
9.18 Storm Water Drainage and Retention Facilities
9.19 Maintenance of Parkways and Boundary Easements
9.20 Owner’s Individual Maintenance Obligation
9.21 Playground equipment
9.22 Nonconforming Uses
9.23 Liability for Damage to Property

ARTICLE X: ARCHITECTURAL CONTROLS

10.1 Architectural Controls on Buildings and Other Structures
10.2 Association Approval
10.3 Undue Delays; Debris

ARTICLE XI: ASSESSMENTS

11.1 Creation of the Lien and Personal obligation for Assessments
11.2 Purpose of Assessments
11.3 Basis of Annual Assessments
11.4 Maximum Amount of the Annual Assessments
11.5 Special Assessments
11.6 Quorum for any Action Authorized under Paragraphs 4.2, 4.4, 11.4, 11.5 and Article XIII
11.7 Date of Commencement and Due Dates of Annual Assessments
11.8 Duties of the Board of Directors
11.9 Effect of Non-Payment of Assessment
11.10 Subordination of the Lien to Mortgages
11.11 Exempt Property
11.12 Uniform Rate of Assessment

ARTICLE XII: COMPLIANCE, BREACH OF COVENANTS, AND DEFAULT

12.1 Rights and Remedies of Association

ARTICLE XIII: ADDITIONS TO EXISTING SUBJECT PROPERTIES

13.1 Additional Lands
13.2 Supplementary Amended Declaration
13.3 Merger or Consolidation

ARTICLE XIV: TERM, AMENDMENT AND TERMINATION

14.1 Application
14.2 Term
14.3 Termination

ARTICLE XV: GENERAL PROVISIONS

15.1 Discretion of the Association
15.2 Non-Waiver Except by Written Instrument
15.3 Partial Invalidity – Severability
15.4 Notices — In General
15.5 Liberal Interpretation
15.6 Rule Against Perpetuities
15.7 Gender, Usage of Singular and Plural Forms and Other Usage, Captions
15.8 Recordation
15.9 Conflicts Between Amended Declaration and Village Ordinance Provisions 15.10 Non-Liability of the Board, Officers and Committee Persons
15.11 Authority for this Amended Declaration

AMENDED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARD BROOK HOME ASSOCIATION

THIS FIRST AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made as of this 22nd day of October, 1999 , by the Orchard Brook Home Association (hereafter the “Association”), an Illinois not-for-profit corporation, and its Members (as herein after defined).

RECITALS

WHEREAS the Association is an Illinois not-for-profit corporation formed in 1964 for the maintenance, upkeep, management, preservation and enhancement of the single-family residential community known as Orchard Brook Subdivision in Downers Grove, Du Page County, Illinois (hereafter the “Subdivision”); and

WHEREAS the Association’s Members are the owners of single-family detached homes within the Subdivision; and

WHEREAS the legal description of the Subdivision (defined in paragraph 1.21 ) and all of the real estate contained within the Subdivision and made subject to this Amended Declaration of Covenants, Conditions and Restriction is set forth in Exhibit A hereto; and

WHEREAS the Subdivision was developed by D. Harper Corp. and its successors in interest (together called the “Developer” herein); and

WHEREAS the Subdivision includes Lots (defined in paragraph 1.11 ), Common Areas (defined in paragraph 1.7 ), and public streets and right of ways; and

WHEREAS certain Declarations of Covenants, Conditions and Restrictions (hereafter the “Initial Declarations”) are recorded against the Subdivision and all of the real property within the Subdivision, which Initial Declarations are listed as follows:

A. Document Number R64-46409 recorded by D. Harper Corp. on December 11, 1964 applicable to all of Orchard Brook;
B. Document Number R65-4463 recorded by D. Harper Corp. on February 10, 1965 applicable to Orchard Brook East;
C. Document Number R67-33220 recorded by Oak Park National Bank as Trustee on August 28, 1967 applicable to Orchard Brook North;
D. Document Number R68-43796 recorded by Oak Park National Bank as Trustee on September 30, 1968 applicable to Orchard Brook West;
E. Document Number R69-44062 recorded by Citizens National Bank of Downers Grove, Illinois as Trustee on October 6, 1969 applicable to Orchard Brook South; and

WHEREAS during the development of the Subdivision, the Developer managed the Association and the Subdivision; and

WHEREAS the Developer’s interest in and management of the Subdivision has long since ceased; and

WHEREAS the Members of the Association acting through the Association’s Board of Directors have for many years assumed and exercised the complete right to and responsibility for the management of the Association and Subdivision in accordance with the Initial Declarations and the By-laws of the Association; and

WHEREAS the Members of the Association find it necessary and desirable to modify, amend and up date the covenants and conditions contained in the Initial Declarations; and

WHEREAS, by their terms, the Initial Declarations may be amended by a written instrument approved by a majority of the then Owners of the Lots;

NOW, THEREFORE, by vote of the Members of the Association, Declarant (as defined in paragraph 1.10 ) declares that the Initial Declarations, including the covenants, conditions, easements, charges and liens are hereby amended, superceded and replaced by this Amended Declaration of Covenants, Conditions and Restrictions (except that nothing herein contained shall be construed as abrogating any existing recorded easements), and that the real properties described in Exhibit A hereto, and such additions thereto as may be hereafter made pursuant to Article XIII of this Amended Declaration of Covenants, Conditions and Restrictions are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges, provisions and liens hereinafter set forth.
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Note: The “Covenants” posted on these pages have been reformatted slightly to make them 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.