Summary
The Prestonfield Homeowners Association is incorporated as a not-for-profit corporation in Illinois under the General Not For Profit Corporation Act of 1986. It was incorporated in June 2003. Its corporate purposes are governed by the Declaration recorded in Cook County, IL. The Board of Directors must consist of no fewer than 3 members at all times.
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Incorporated under Illinois General Not For Profit Corporation Act of 1986 | Articles of Incorporation 2003 | Preamble |
| Corporate purpose: governance of real/personal property preservation, maintenance, member welfare | Articles of Incorporation 2003 | Article 4 / Exhibit A |
| Board of Directors minimum: 3 persons, never less | Articles of Incorporation 2003 | Article 5 / Exhibit A |
| Board size after first annual meeting: per Declaration and By-Laws | Articles of Incorporation 2003 | Article 5 / Exhibit A |
| Checked “Yes” to Condominium Association — this was a filing error | Articles of Incorporation 2003 | Page 1 checkboxes |
| NOT a common interest community association under §9-102(a)(8) — Illinois Condominium Property Act does not apply | Declaration 2004 | Recitals |
| Owners do not have Condominium Property Act Board meeting attendance rights | Declaration 2004 | 5.09 |
Corporate Filing Details
| Field | Detail |
|---|---|
| Illinois SOS File No. | 6293-1264 |
| Filed | June 2, 2003 |
| Cook County Doc. No. | 0318149141 |
| Recorded | June 30, 2003 |
| Incorporator | Elizabeth A. Kowalczyk, Meltzer Purtill & Stelle, Schaumburg IL |
| Initial Registered Agent | Deborah T. Haddad, 1540 E. Dundee Rd. Suite 350, Palatine IL 60074 |
History
No meeting history recorded yet.
Document Hierarchy
The three governing documents have a clear priority order. In any conflict, the Declaration controls:
- Declaration (recorded April 20, 2004) — highest authority; requires 75% of owners to amend
- By-Laws (dated April 13, 2004) — operational governance; requires 2/3 of Directors to amend; may not conflict with Declaration
- Rules and Regulations (adopted 2013, updated 2021) — day-to-day rules; amended by Board vote alone
Condominium Association Question — RESOLVED
The Articles of Incorporation checked “Yes” to being a Condominium Association under the Illinois Condominium Property Act. The Declaration resolves this as a filing error. The Declaration’s Recitals explicitly state that Prestonfield is NOT a common interest community association as defined by Section 9-102(a)(8) of the Illinois Code of Civil Procedure. Section 5.09 of the Declaration further confirms that owners do NOT have the Board meeting attendance rights that the Illinois Condominium Property Act would require. The Illinois Condominium Property Act does not apply to Prestonfield.
Open Questions
- The initial registered agent (Deborah T. Haddad) is likely no longer current. If the registered agent was never updated with the Illinois Secretary of State, the HOA may have a compliance gap. This should be verified through the state’s business registry.