Summary
Developer-installed fencing is the homeowner’s responsibility to maintain. Any additional fencing added by a homeowner must be board-on-board cedar, maximum 5 feet tall, installed in the rear yard only (between the rear lot line and the back of the home). The Declaration (Section 8.11) specifies full construction details: 1x6 cedar boards, 4x4 cedar-cap posts 42” deep in concrete footings, 8’ on center, two 2x4 back rails, 1x4 top cap. A 2021 R&R amendment also allows a 5-foot ornamental aluminum fence as an alternative, subject to A&A approval. All new fencing requires an approved A&A application, city building permit, and J.U.L.I.E. dig number before any work begins.
See fence-specifications for the full Declaration construction specifications.
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Developer-installed fencing is homeowner’s responsibility to maintain | R&Rs 2013/2021 | 3.4 |
| Additional fencing must be board-on-board cedar, max 5 feet | R&Rs 2013/2021 | 3.4 (Special Amendment 2) |
| Fence location: rear yard only (between rear lot line and back of home) | Declaration 2004 | 8.11 |
| Full construction spec: 1x6 cedar boards, 4x4 posts 42” deep in concrete, 8’ on center, two 2x4 rails, 1x4 top cap | Declaration 2004 | 8.11 |
| Ornamental aluminum fence, 4 or 5 feet in height, subject to A&A approval | R&Rs 2013/2021 + Board decision May 7, 2026 | 3.4 (2021 amendment) |
| City building permit required | R&Rs 2013/2021 | 3.4 |
| J.U.L.I.E. dig number required | R&Rs 2013/2021 | 3.4 |
| A&A application must be submitted and approved PRIOR to any work | R&Rs 2013/2021 | 3.4 |
| A&A application must include a plat of survey with proposed fence location drawn on it | R&Rs 2013/2021 | 12 (A&A form) |
| Work without prior A&A approval results in immediate fine | R&Rs 2013/2021 | 3.4 |
| Board practice: Garage service door exception applied to any side-of-house service door, not limited to “rear quarter of garage” as written in §8.11; to be formalized in forthcoming R&R update | Board practice (unwritten) | — |
| Board practice: New fence may align with and use an existing neighboring fence structure, even without a service door on the new lot, to avoid building a redundant parallel fence; to be formalized in forthcoming R&R update | Board practice (unwritten) | — |
History
| Date | Event |
|---|---|
| 2019-07-11 | Route 59 fence re-inspection proposal discussed — replacement of fence and new metal posts; monument fence repairs also proposed. Management asked for additional quote limited to post replacement only. Aluminum repairs noted as urgent. Source: minutes-2019-07-11 |
| 2019-10-10 | Board requested proposal from First Class Fence for replacement of fence along Route 59 and Heritage Woods. Source: minutes-2019-10-10 |
| 2019-11-14 | First Class Fence quote of $42,360.00 for Route 59 fence removal and replacement approved unanimously. Source: minutes-2019-11-14 |
| 2021-07-15 | Board passed R&R amendment to permit Board-approved aluminum decorative fences (motion by Mike Coker, carried). New homeowner packets with updated policies mailed to all owners. Source: minutes-2021-07-15 |
| 2021-11-11 | Homeowner asked about PVC fences. Board did not prohibit outright — homeowner may submit a request for Board review. No formal rule change. Source: minutes-2021-11-11 |
| 2022-04-14 | Board reiterated: HOA is responsible ONLY for the fence along Route 59. All other fences in the community are homeowner responsibility. Source: minutes-2022-04-14 |
| 2024-01-25 | Violation: [Address redacted] — fence installed without A&A approval; Board noted it does not comply with community specifications. 1st warning issued 1/25/2024 by Jennifer Nissen (API). Source: board-packet-2024-04-11 |
| 2024-06-26 | Violation: [Address redacted] — fence being installed without A&A approval. Board had not received a modification request. 1st Warning issued 6/26/2024 by Jennifer Nissen (API). Source: board-packet-2024-07-11 |
| 2024-07-11 | HOA-owned split rail fences around community wetland need maintenance. Board approved getting a repair estimate. Source: minutes-2024-07-11 |
| 2025-07-17 | Split rail fence on south side of Heritage Woods (behind homes bordering wetland) also needs repair. MS to get estimates; south side of woods to be inspected as well. Source: minutes-2025-07-17 |
| 2024-07-11 | Violation: [Address redacted] — unapproved fence. Homeowner agreed to move front of fence back 10 feet from front of house as remediation. Source: minutes-2024-07-11 |
| 2024-07-11 | Violation: [Address redacted] — improper fence maintenance. Reported to City of West Chicago code enforcement; API sent initial warning. Source: minutes-2024-07-11 |
| 2024-10-24 | Entrance fence car accident — insurance claim and repairs ratified. A vehicle struck the entrance sign fence and two flowering crab trees (behind 1441 White Oak Drive) in July 2024. Insurance paid $4,000 total. Board ratified: (1) First Class Fence repair of fence and posts — $1,890 (50% downpayment paid September 13, 2024); (2) Fisher Burton removal and replacement of 2 Prairie fire flowering crab trees (2” caliper single-stem, same location) — $2,290 ($1,100 removal + $1,190 planting). Total repair cost $4,180; net HOA cost ~$180 over insurance. Source: board-packet-2024-10-24 |
| 2026-05-07 | Board decided no formal Declaration amendment is needed to update fence rules. The R&Rs will be updated and a new copy distributed to homeowners. This resolves the long-standing question about whether Declaration-level authority was required for the aluminum fence option — the Board has chosen to proceed on R&R authority alone. Source: minutes-2026-05-07 |
| 2026-05-07 | Board decided aluminum fences may be 4 or 5 feet in height (maximum 5 feet, consistent with cedar; 4-foot height also explicitly permitted). This resolves the prior ambiguity between the 2021 R&R amendment (no height stated) and the 2017 unrecorded draft (which had proposed 4 feet only). Will be incorporated into the updated R&Rs. Source: minutes-2026-05-07 |
Open Questions
- Side-yard fence location — Board practice documented, formalization pending: The Declaration (§8.11) permits fence extension only past a garage service door in the “rear quarter of the garage.” In practice, the Board has applied this more broadly: (a) any side-of-house service door qualifies regardless of position, and (b) new fences may align with an existing neighboring fence even without a service door. Neither practice has been formalized in the R&Rs. Both are expected to be codified in the forthcoming R&R update (per May 7, 2026 Board decision).