Summary
The Articles of Incorporation formally established the Prestonfield Homeowners Association as a not-for-profit corporation under Illinois’s General Not For Profit Corporation Act of 1986. The document was signed May 22, 2003, filed with the Illinois Secretary of State on June 2, 2003 (File No. 6293-1264), and recorded with the Cook County Recorder of Deeds on June 30, 2003 (Document No. 0318149141).
The corporation’s stated purpose (Exhibit A / Article 4) is to act as the governing body for its members with respect to the preservation, care, maintenance, replacement, improvement, enhancement, operation, and administration of both real and personal property, and to promote the health, safety, and welfare of members — all on a not-for-profit basis, as more fully set forth in the Declaration recorded in Cook County, Illinois.
The incorporator was attorney Elizabeth A. Kowalczyk of Meltzer, Purtill & Stelle (Schaumburg, IL). The initial registered agent was Deborah T. Haddad (Palatine, IL), who has since been superseded by Association Partners, Inc. as management company (registered agent status with the state is unconfirmed).
Key Provisions
- Corporate name: Prestonfield Homeowners Association
- Incorporated under: Illinois General Not For Profit Corporation Act of 1986
- Filed: June 2, 2003; Illinois Secretary of State File No. 6293-1264
- Cook County recorded: June 30, 2003; Document No. 0318149141
- Corporate purposes tied to the Declaration recorded in Cook County, IL
- Initial Board of Directors: 3 persons designated by the Declarant (developer)
- Board size after first annual owner meeting: as provided in Declaration and By-Laws, but never less than 3
- Checked “Yes” to Condominium Association under the Condominium Property Act (see Notable Details)
Topics Covered
hoa-legal-structure, board-of-directors
Notable Details
- The Articles check “Yes” to being a Condominium Association under the Illinois Condominium Property Act — this was a filing error. The Declaration (recorded April 2004) explicitly states Prestonfield is NOT a common interest community association under §9-102(a)(8) of the Illinois Code of Civil Procedure, and Section 5.09 confirms owners lack the Condominium Property Act’s Board attendance rights. The Illinois Condominium Property Act does not apply.
- The initial three directors (Roger K. Mankedick, Glenn Rutledge, Rose Godek) were developer-designated and resided outside the Prestonfield community. This is normal for developer-controlled HOAs at formation.
- Initial registered agent Deborah T. Haddad (1540 East Dundee Road, Suite 350, Palatine, IL 60074) may no longer be current. If not updated with the Illinois Secretary of State, this could be an administrative compliance gap.
- The incorporator’s law firm (Meltzer, Purtill & Stelle) also handled the post-recording return address, suggesting they were the developer’s legal counsel.