Summary
The controlling fence specification is Declaration Section 8.11 as corrected by Special Amendment No. 2 (recorded March 17, 2006). Fences must be Western Red Cedar board-on-board, installed in the rear yard (between the rear lot line and the back of the home, or past the garage service door if it is in the rear quarter of the garage). Maximum height is 5 feet where not specified by municipal code. No aluminum option exists at the Declaration level — a proposed Declaration amendment to add aluminum (June 2017 draft) was apparently never recorded.
Controlling Authority — §8.11 as Amended
Special Amendment No. 2 corrected an error in the original Declaration’s Section 8.11. The correction clarified the permitted fence location: fences may extend past the garage service door if that door is in the rear quarter of the garage. This is the version currently in force.
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Fencing material: Western Red Cedar board-on-board (shadow box) only | Sp. Amend. No. 2, 2006 | 8.11 (corrected) |
| Fence location: between rear lot line and back of Home | Sp. Amend. No. 2, 2006 | 8.11 (corrected) |
| Fence location extension: may go past garage service door if door is in rear quarter of garage | Sp. Amend. No. 2, 2006 | 8.11 (corrected) |
| Maximum height: 5 feet (where not specified by City of West Chicago code) | Sp. Amend. No. 2, 2006 | 8.11 (corrected) |
| Board dimensions: 1x6 boards, edge-to-edge and back-to-back per municipal ordinance | Sp. Amend. No. 2, 2006 | 8.11(c) |
| Post material and size: 4x4 cedar cap posts | Sp. Amend. No. 2, 2006 | 8.11(d) |
| Post depth: 42 inches, set in concrete footings | Sp. Amend. No. 2, 2006 | 8.11(d) |
| Post spacing: 8 feet on center | Sp. Amend. No. 2, 2006 | 8.11(d) |
| Rails: two 2x4 back rails (1-1/2” wide); one at top, one 12” up from bottom | Sp. Amend. No. 2, 2006 | 8.11(e) |
| Top cap: 1x4, centered on posts | Sp. Amend. No. 2, 2006 | 8.11(f) |
| Owner responsible for maintenance, repair, and replacement | Sp. Amend. No. 2, 2006 | 8.11 |
| A&A approval required before installation | R&Rs 2013/2021 | 3.4 |
| City building permit required | R&Rs 2013/2021 | 3.4 |
| J.U.L.I.E. dig number required before digging | R&Rs 2013/2021 | 3.4 |
Construction Specifications Summary (Cedar — Declaration Level)
Material: Western Red Cedar, board-on-board (shadow box)
Location: Rear yard (rear lot line to back of home, or past garage
service door if door is in rear quarter of garage)
Height: 5 feet maximum (unless City code specifies otherwise)
Boards: 1x6, edge-to-edge and back-to-back per municipal ordinance
Posts: 4x4 cedar cap posts, 42" deep in concrete footings, 8' on center
Rails: Two 2x4 back rails (1-1/2" wide): one at top, one 12" from bottom
Top cap: 1x4, centered on posts
Aluminum Fence — Status
| Document | Status | Aluminum Permitted? | Max Height |
|---|---|---|---|
| Declaration §8.11 (as corrected 2006) | In force | No | N/A |
| 2017 proposed Declaration amendment | Never recorded — not in force | Would have been yes | 4 feet |
| 2021 R&R Board amendment | In force as R&R only | Yes (Board approval required) | 4 or 5 feet (Board decision May 7, 2026; not in written minutes — see History) |
The aluminum option exists only as a Board-level R&R rule. No Declaration-level authorization for aluminum has ever been recorded. A 2017 draft proposed adding aluminum (at 4-foot maximum) as a Declaration amendment requiring 75% owner approval, but it was apparently never completed or recorded.
History
- April 20, 2004: Original Declaration recorded with Section 8.11 (contained an error in fence location language)
- March 17, 2006: Special Amendment No. 2 recorded, correcting Section 8.11 to clarify garage service door location rule
- June 2017: Proposed Declaration amendment drafted to add aluminum fence option at 4-foot maximum — apparently never recorded
- 2021: Board amended R&Rs to add ornamental aluminum as an option subject to A&A approval — no Declaration amendment
- May 7, 2026: Board decided no formal Declaration amendment is needed to update fence rules. R&Rs will be updated and redistributed to homeowners. This settles the approach: fence policy changes will be managed at the R&R level only. Source: minutes-2026-05-07
- May 7, 2026 (board packet): The May 2026 board packet included a KSN-drafted fence amendment document proposing to add §8.11(g) permitting ornamental aluminum fencing at a maximum of 4 feet. All signature fields were blank — circulated for board review only. The board’s decision not to pursue a Declaration amendment means this draft, like the 2017 draft before it, remains unrecorded. Source: board-packet-2026-05-07
- May 7, 2026: Board decided aluminum fences may be 4 or 5 feet in height — maximum 5 feet (same as cedar), with 4-foot height also explicitly permitted. This resolves the ambiguity left by the 2021 R&R amendment (which added aluminum without specifying height) and supersedes the 2017 draft’s 4-foot-only proposal. Decision will be codified in the updated R&Rs. Source: minutes-2026-05-07
Board Practice — Fence Location (Unwritten; Pending R&R Formalization)
The Declaration text (§8.11) permits fence extension only “past the garage service door if the garage service door is located in the rear quarter of the garage.” In practice, the Board has applied two more permissive rules that are not yet written into the R&Rs:
-
Service door exception — broader interpretation: The Board has permitted fence extension past any side-of-house service door, regardless of where on the garage it is located. The “rear quarter” restriction has not been enforced.
-
Neighboring fence alignment: The Board has allowed a new fence to align with and use an existing neighboring fence structure, even if the new lot does not itself have a service door. The rationale: building a new fence alongside an existing one would be redundant. If the neighbor’s fence extends toward the front of the lot (because they have a side-entry door), the adjacent property owner may use that existing structure.
Both practices are expected to be codified in the forthcoming R&R update authorized at the May 7, 2026 Board meeting. Source: per Board practice (unwritten; confirmed by HOA Secretary).
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.” Board practice is more permissive on both the service door location and neighboring fence alignment (see Board Practice section above). 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).