Summary
This document is a proposed but apparently unrecorded Declaration amendment to add an aluminum fence option to Section 8.11. It was prepared by Michael G. Kreibich, Esq. of Kovitz Shifrin Nesbit (new HOA counsel — different firm from Meltzer, Purtill & Stelle) and dated June 15, 2017.
This amendment does not appear to have been recorded and is therefore not in force. Evidence:
- Exhibit A (legal description) contains the placeholder text: “[to be inserted prior to recording]”
- The approval date, President’s signature, and Secretary’s attestation lines are blank
- Exhibit B (Secretary’s Certification of 75% Owner Approval) is unsigned
- The ballot and petition pages contain no signatures
Because it was never recorded, the Declaration’s Section 8.11 remains as set by Special Amendment No. 2 (2006) — cedar only, no aluminum.
What It Proposed
The amendment would have added a new subsection (g) to Section 8.11, making aluminum a Declaration-level alternative:
“(g) An aluminum fence with a maximum height of four (4’) feet, style subject to the approval of the Board.”
All existing cedar specifications (subsections a–f) would have remained unchanged.
Key Discrepancy with 2021 R&R Amendment
The 2021 R&R amendment (Board-level only, not a Declaration amendment) also added aluminum as an option, but it refers to “ornamental aluminum” without specifying a height limit separate from the cedar 5-foot maximum. The 2017 draft proposed aluminum at 4 feet maximum — one foot shorter than cedar. If the aluminum option is ever applied at 5 feet under the R&Rs, it is inconsistent with what the 2017 proposed Declaration amendment contemplated.
Significance
| Question | Status |
|---|---|
| Is aluminum permitted under the Declaration? | No — no recorded Declaration amendment exists |
| Is aluminum permitted under the R&Rs? | Yes — 2021 Board-level R&R amendment |
| What height is permitted for aluminum? | R&Rs are ambiguous; 2017 draft said 4 ft |
| Was the 75% owner vote ever completed? | Unknown — no signed ballots in file |
| Was this amendment ever recorded? | Appears not |
Recording Details
| Field | Detail |
|---|---|
| Draft date | June 15, 2017 |
| Recorded | Apparently not recorded |
| Prepared by | Michael G. Kreibich, Esq., Kovitz Shifrin Nesbit, Mundelein, IL |
| HOA counsel at time of drafting | Kovitz Shifrin Nesbit — replaced Meltzer, Purtill & Stelle at some point after 2006; has since been replaced by Costello, Sury & Rooney (costello-sury-rooney) |
Topics Covered
fence-specifications, fence-regulations, amendment-process
Notable Details
- The existence of this draft confirms the Board recognized in 2017 that adding aluminum to the Declaration required a 75% owner vote — the proper process. That process was apparently not completed.
- The 2021 R&R aluminum amendment (Board vote only, no owner vote) was made without completing the Declaration amendment process that was attempted in 2017. This reinforces the governance concern about the aluminum option’s legal foundation.
- Kovitz Shifrin Nesbit (Mundelein, IL) was HOA counsel when this draft was prepared, having replaced Meltzer, Purtill & Stelle (Schaumburg, IL). KSN has since been replaced by Costello, Sury & Rooney (costello-sury-rooney) as current HOA counsel.
- If the Board wishes to formally authorize aluminum fences at the Declaration level, the 2017 draft process would need to be restarted: 75% of owners must sign, the document must be completed and recorded with DuPage County.