Summary
Special Amendment No. 1 was executed by Prestonfield L.L.C. (Declarant) and recorded with the DuPage County Recorder on May 19, 2004 (Document No. R2004-134675), approximately one month after the Declaration itself was recorded. It corrects an error in Section 6.07 of the Declaration — the Initial Capital Contribution provision — and also restates Exhibit A (the legal description of the Development Area).
This document is not about fences. It is a financial/working capital correction made by the Declarant during the developer-control period.
What It Changed
Section 6.07 — Initial Capital Contribution (corrected):
- The Declarant deposited $45,000 as a Working Capital Deposit into the HOA’s bank account before the first Lot closing
- At the closing of each Lot sale to a purchaser (not a Designated Builder), the purchasing owner reimbursed the Declarant $208 as their share of the Working Capital Deposit
- In addition, each purchasing owner paid the HOA $100, which was added to the Capital Reserve
Exhibit A — Legal Description: Restated in its entirety (same substance — the Development Area boundary description).
Recording Details
| Field | Detail |
|---|---|
| Recorded | May 19, 2004 |
| DuPage County Doc. No. | R2004-134675 |
| Signed | April 26, 2004, by Deborah T. Haddad for Prestonfield L.L.C. |
| Prepared by | Brian Meltzer, Meltzer, Purtill & Stelle LLC, Schaumburg, IL |
Topics Covered
assessment-structure, declarant-and-turnover
Notable Details
- The Declarant reserved the right in Article Ten of the Declaration to record Special Amendments to correct errors, omissions, ambiguities, or inconsistencies. This amendment exercised that right.
- The $208 per-Lot working capital reimbursement and $100 capital reserve contribution applied only to initial sales from Declarant/Designated Builder to first purchasers. Subsequent resales do not trigger these payments.
- Signed by Deborah T. Haddad — the same person listed as the initial registered agent in the Articles of Incorporation, confirming she was an officer or authorized agent of Prestonfield L.L.C.