Summary
Special Amendment No. 2 was executed by Prestonfield L.L.C. (Declarant) and recorded with the DuPage County Recorder on March 17, 2006 (Document No. R2006-049021). It corrects an error in Section 8.11 of the Declaration — the fence specification provision. This is the controlling version of Section 8.11 and supersedes the original Declaration text.
The cover letter from the Board of Directors (dated May 22, 2006) described the amendment as correcting “an error regarding the permitted location for fences on lots” and was sent to all homeowners.
At the time of this amendment, the HOA was managed by Property Specialists, Inc. (Nancy Hankins, (847) 434-5137, nhankins@psimanagement.net) — not Association Partners, Inc. The management company changed at some point after 2006.
What It Changed
Section 8.11 — Fences (as corrected and now in force):
The key correction was to the permitted fence location. The corrected language allows fences to extend past the garage service door if the service door is located in the rear quarter of the garage. Full text:
“8.11 FENCES: A Lot may be improved with a fence on that portion of the Lot which is between the rear lot line and the back of the Home, or past the garage service door if the garage service door is located in the rear quarter of the garage, provided that the fence at all times conforms to the following specifications: (a) Western Red Cedar, board on board (shadow box) fence; (b) Height to comply with municipal codes and if not so specified in the municipal codes, height shall be 5’; (c) 1 x 6 boards, spaces edge-to-edge and back-to-back to comply with percent open and closed per municipal ordinance; (d) 4 x 4 posts with wood (cedar) cap, set 42” into ground and 8 feet +/- on center, with concrete footings; (e) Two 2 x 4 back rails (1-1/2” wide); one at the top of the boards and one 12” up from bottom of the boards; and (f) 1 x 4 top cap, centered on posts.”
Recording Details
| Field | Detail |
|---|---|
| Recorded | March 17, 2006 |
| DuPage County Doc. No. | R2006-049021 |
| Signed | February 15, 2006, by Dean A. Edmeier, VP of Concord Homes, Inc. (Sole Member of Prestonfield L.L.C.) |
| Prepared by | Brian Meltzer, Meltzer, Purtill & Stelle LLC, Schaumburg, IL |
Topics Covered
fence-specifications, fence-regulations, declarant-and-turnover
Notable Details
- Declarant corporate structure confirmed: Concord Homes, Inc. (a Delaware corporation) was the Sole Member of Prestonfield L.L.C. Dean A. Edmeier signed as its Vice President.
- Management company at time of recording: Property Specialists, Inc. — not Association Partners, Inc. (API). API became the management company at some later date.
- The amendment was executed within the Declarant-control period (which ran until April 20, 2011 at the latest), so the Declarant had unilateral authority to make this correction under Article Ten of the Declaration.
- This document resolves the “Special Amendment 2” reference in the R&Rs — the R&Rs’ fence rule cites “Special Amendment 2” as authority, and this is that amendment.
- Cedar only. No aluminum option appears in this or any recorded Declaration amendment. See fence-amendment-draft-2017 for a proposed but apparently unrecorded aluminum amendment.