Summary
The Declaration for Prestonfield is the foundational governing document establishing the covenants, conditions, and restrictions (CC&Rs) for the Prestonfield subdivision. It was recorded April 20, 2004 with the DuPage County Recorder of Deeds (Document No. R2004-101596). The Declarant is Prestonfield L.L.C.; the Designated Builder is Lennar Chicago, Inc. The subdivision is located in the City of West Chicago, DuPage County, Illinois, and encompasses 217 lots in three recorded units (Prestonfield Unit 1, Unit 2, and Unit 3).
The Declaration governs property use, architectural restrictions, assessments, voting rights, Board authority, and dispute resolution. It runs for 40 years from the recording date (through April 20, 2044), with automatic successive 10-year renewals unless 3/4 of owners vote to revoke. Declarant control terminated no later than April 20, 2011 (7 years from recording).
The Recitals explicitly state the community is not a common interest community association as defined by Section 9-102(a)(8) of the Illinois Code of Civil Procedure, resolving the Condominium Association checkbox in the Articles of Incorporation as a filing error.
Key Provisions
- Declarant: Prestonfield L.L.C.; Designated Builder: Lennar Chicago, Inc.
- Location: City of West Chicago, DuPage County, IL
- Lots: 217 lots (Units 1–3)
- Recorded: April 20, 2004; DuPage County Doc. No. R2004-101596
- Duration: 40 years (through ~April 20, 2044) + successive 10-year periods unless 3/4 of owners revoke
- Turnover Date: No later than April 20, 2011 (community is fully owner-controlled)
- Amendments: 75% of Voting Members or owners of 75% of Lots required
- Special Assessment: Requires 2/3 vote of Voting Members
- Legal Action: Requires 75% vote of Voting Members (with exceptions)
- Community Area: Exhibit B initially states “None at this time” — no HOA-maintained common property at formation
Topics Covered
fence-specifications, fence-regulations, assessment-structure, assessment-collection-policy, voting-rights-and-membership, dispute-resolution-process, amendment-process, declarant-and-turnover, hoa-legal-structure, property-use-restrictions, nuisance-rules, community-areas
Notable Details
- The Recitals state Prestonfield is NOT a common interest community association under Section 9-102(a)(8) of the Illinois Code of Civil Procedure. This resolves the Articles of Incorporation “Yes” to Condominium Association checkbox — that checkbox was a filing error. Illinois Condominium Property Act statutes do not apply.
- Section 5.09 confirms owners do NOT have the right to attend Board meetings that would be required under the Illinois Condominium Property Act.
- Community Area was “None at this time” per Exhibit B at the time of recording. Any later designation of community areas would require a Declaration amendment.
- Fence specifications (Section 8.11) provide full construction detail: Western Red Cedar board-on-board, rear yard only, 5 feet maximum, with specific post depth, spacing, and rail requirements.
- Dispute resolution (Article 13) requires mandatory mediation followed by binding arbitration through the American Arbitration Association before any litigation.
- Assessments are a lien on each Lot (Section 7.01); personal obligation of the owner; interest at 18% per annum from 30 days after delinquency (Section 7.03).
- Streets named in the subdivision: Post Oak Circle, Sweetbay Lane, Heritage Woods Drive, White Oak Lane, Snowberry Lane, Laurel Lane, Hemlock Lane, Sandcherry Lane, Sassafras Drive, Red Oak Court.