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 4 or 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 (Board decision May 7, 2026; to be codified in R&R update) | R&Rs 2013/2021 + Board decision May 7, 2026 | 3.4 (2021 amendment) |
| HOA maintains only: (1) the fence along Route 59, and (2) the split rail fences around the wetland on Snowberry and Hemlock; all other fences in the community are homeowner responsibility | Summer 2026 newsletter | — |
| 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 |
| Side-entry garage door exception (published): Fence may extend past any side-entry garage door regardless of position on the garage (not limited to “rear quarter” per §8.11); published in Summer 2026 newsletter; pending R&R codification | Summer 2026 newsletter + Board practice | — |
| Neighboring fence alignment (published): New fence may align with an existing neighboring fence structure even without a service door on the new lot; published in Summer 2026 newsletter; pending R&R codification | Summer 2026 newsletter + Board practice | — |
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 |
| 2020-05-14 | Earliest documented aluminum fence discussion. May 14, 2020 board meeting: “Fence Specifications: Modify fence restrictions to include decorative metal/aluminum fencing, subject to Board approval.” Item listed for vote at July 9, 2020 meeting — vote outcome not documented in available records. Source: board-packet-2020-07-09 |
| 2020-07-09 | Route 59 board-on-board cedar replacement ($42,360, approved November 2019) confirmed complete. “First Class Fence has advised that the work has been completed.” Source: board-packet-2020-07-09 |
| 2020-09-17 | PSI To Do list confirms an R&R fence amendment was in active draft: “Amend Rules adding a note under fencing — Added the note to the draft Rules.” Confirms aluminum/decorative metal fence rule was being drafted ~10 months before the July 2021 formal adoption. Source: PSI To Do list 9/17/2020 (lightweight — no source page) |
| 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 |
| 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 |
| 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 |
| 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 |
| 2026-05-13 | Summer 2026 newsletter published fence rules article. Confirmed heights: cedar 5 feet; aluminum 4 or 5 feet. HOA maintenance scope stated explicitly: only (1) Route 59 fence and (2) split rail fences around wetland on Snowberry and Hemlock are HOA-maintained; all other fences are homeowner responsibility. Both side-yard location exceptions formally published: (a) side-entry garage door exception (any position); (b) neighboring fence alignment exception. Note: original newsletter text contained a typo stating aluminum at 4 feet only; the board corrected the published online version to reflect the actual decision of 4 or 5 feet. Source: Summer 2026 newsletter (corrected version) |
| 2026-07-16 | Homeowner forum: Rt. 59 fence damage reported, possibly caused by the landscaper. EB’s post-meeting update: it appears to have been a car (auto parts left at the scene); police were contacted, had no report on file for the timeframe (around July 4) and suggested the HOA open a police report. Source: minutes-2026-07-16 |
| 2026-08-04 | Peerless Fence proposal — Rt. 59 repair, $1,980. Remove 2 panels, 1 steel post and footing; install ~15 LF of 6’ cedar shadowbox (1”x6”x6’ flat-top pickets, three 2x4x8 stringers per section, galvanized post in 36” concrete). Located just south of the entry monument at Heritage Woods Drive and Rt. 59 — behind the same White Oak lot as the July 2024 car-accident repair (see 2024-10-24). 50% down, balance on completion; Peerless pulls the building permit, the Association pays fees. Placed on the 10/1/2026 agenda for ratification. Source: board-packet-2026-10-01 |
| 2026-09-04 | Classic Fence Inc. proposal — split-rail replacement, $6,390. 2-rail cedar split rail; handwritten scope removes 260’ and installs 260 LF (a second figure reads “340’”); 50% down. Source: board-packet-2026-10-01 |
| 2026-09-18 | Rt. 59 repair contract signed by Board President Mike Coker (Peerless Fence, $1,980) — approval handled by email ahead of the October 1 meeting. Delivered to Peerless by API on 9/21/2026. The Board’s ratification remained on the October 1 agenda. Source: user-reported; peerless-fence |
| 2026-09-25 | Revised reserve study lists only two HOA fence components: the Route 59 shadow-box fence (1,350 LF, about 7 years old, replacement 2034) and 300 LF of split-rail at the pond area (poor condition, replacement 2027, $7,748 est.). Fence at lot lines is homeowner responsibility. The February 2026 version had overstated HOA fence at 3,190 LF. Source: reserve-study-2026-revised |
| 2026-09-28 | Peerless Fence proposal — split-rail replacement, 260 LF of 2-rail: treated-pine “Old English” style $4,730, or Western red cedar $7,230; remove and recycle the old 260 LF; posts tamped in existing soil; 50% down. Shown as “behind 264 and 278 Heritage Woods Drive and 1438 Snowberry Lane.” The manager’s report says the rep states the pine will last longer. Compared with the reserve study’s 300 LF at $7,500 (2026 dollars). Source: board-packet-2026-10-01 |
| 2026-10-01 | Board approves both fence items. (1) EB moved to approve $1,980 for Peerless Fence to repair the Rt. 59 fence damage (MH second) — approved; this is the Board’s official approval of the contract signed 9/18. EB will salvage undamaged pickets from the damaged area to replace missing pickets elsewhere on the Rt. 59 fence (as cited in the reserve study). (2) MC moved to approve $6,390 for Classic Fence to replace the split-rail fence (MKH second) — approved; Classic is to remove the old fence and its concrete footings, and the new fence is to have no concrete footings. The Peerless split-rail bids ($4,730 pine / $7,230 cedar) were not selected. Source: minutes-2026-10-01 |
Open Questions
- Split-rail replacement — scope and funding (Classic Fence, $6,390, approved October 1, 2026). Classic’s bid shows 260 LF (with a stray “340’” in the job description) and sets posts dry; the Board added that Classic must remove the old fence and its concrete footings and install no footings, which the bid does not mention, so a price or scope adjustment is possible. The reserve study assumes 300 LF at $7,500 (2026 dollars); the bids and earlier packets describe the area differently (behind 264/278/297 Hemlock and 1438 Snowberry; behind 264/278 Heritage Woods Drive and 1438 Snowberry; the “central basin”; the “north perimeter of the pond area”). No fence expense is in the draft 2027 budget, and the funding source (reserve vs. operating) is not stated.
- Rt. 59 fence repair — claim status and completion. The $1,980 Peerless repair was contracted on 9/18/2026, delivered 9/21 and formally approved by the Board on 10/1/2026; completion date, payment of the balance and the building permit are not recorded. Whether a police report was filed and whether an insurance claim will be made for the $1,980 repair is not recorded. The 2024 repair near the same entry monument was partly recovered through insurance ($4,000 received; see 2024-10-24).
- Side-yard fence location — published in Summer 2026 newsletter, R&R formalization pending: The Declaration (§8.11) permits fence extension only past a garage service door in the “rear quarter of the garage.” The Summer 2026 newsletter formally published both exceptions: (a) side-entry garage door exception (any position); and (b) neighboring fence alignment exception. Neither has yet been codified in the R&Rs. Expected in forthcoming R&R update (per May 7, 2026 Board decision). See also fence-specifications.