Prestonfield HOA Wiki

Open Questions — Master List

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About This Page

This page aggregates all unresolved Open Questions from across the wiki’s topic pages into a single reviewable list, organized by category. Each item links directly to the topic page where the full context is documented.

Maintenance: This page should be regenerated during lint runs, or any time a significant batch of open questions is added or resolved. To mark an item resolved: update the source topic page first (edit or remove the Open Question entry there), then remove it here. The source topic page is always the authority.

Governance & Legal Structure

  • amendment-process — Does the 75% Declaration amendment threshold apply to all 217 Lots, or only to owners who participate in a vote? “Owners of 75% of Lots” suggests all 215 must approve (217 is the highest lot number; 215 is the actual residential count per Supplement No. 1).
  • supplement-4-2010 — Supplement No. 4 was recorded with the Cook County Recorder of Deeds (Doc# 1031603005, Nov 12, 2010), while all other Prestonfield governing documents were recorded in DuPage County. Prestonfield is in West Chicago, DuPage County. This may be a filing error or may reflect a parcel on the county boundary. If recorded only in Cook County and not DuPage, there may be a chain-of-title issue for Outlot C. Additionally, the Unit 1A Subdivision (platted September 30, 2009) that contains Outlot C has no other presence in the wiki — its full purpose and plat details are unknown.
  • hoa-legal-structure — The initial registered agent (Deborah T. Haddad) is likely no longer current. A $1,231 CS&R corporate legal fee was invoiced in June 2025 — the specific matter is not identified in the board packet but may relate to a registered agent update or the board nomination form attorney review (approved April 2025 pending CS&R sign-off). If never updated with the Illinois Secretary of State, the HOA may have a compliance gap.
  • declarant-and-turnover — The precise Declarant turnover date is unknown — April 20, 2011 is the contractual deadline, but the actual transition date would be in minutes from 2005–2011.
  • voting-rights-and-membership — For Lots with multiple co-owners, the mechanism for designating which co-owner exercises the vote was not excerpted from the Declaration text.
  • voting-rights-and-membership / assessment-structure — The exceptions to the 75% litigation vote requirement (Declaration §7.02) are not enumerated in any ingested document.

Board Operations

  • board-elections-and-terms — The 2023 election re-applied the initial staggered term structure (3 two-year + 2 one-year). By-Laws §5.04 specifies 2-year terms for all post-initial elections. Whether the informal re-stagger is valid has not been addressed.
  • board-elections-and-terms / officer-roles — Shailesh Rajput resigned a 2-year seat; the July 2023 minutes recorded Mark Hanley’s vacancy appointment as 1-year. A vacancy appointee should serve the remainder of the prior director’s term — this may be a minutes error or discretionary Board decision.
  • board-elections-and-terms — Nomination attendance rule — legal confirmation pending. The rule requiring board candidates to have attended 2 meetings in the 12 months prior to election passed by board vote on July 16, 2026, but API still needs to confirm it is legally valid, whether it requires an R&R update, and whether homeowner notification is required before it takes effect.
  • board-elections-and-terms — Vacancy left by Sharma removal (July 2026) unfilled. By-Laws §5.11 requires vacancies to be filled by majority vote of remaining Directors. The July 16, 2026 minutes record Sharma’s removal but no vacancy-fill appointment. Whether this is an oversight or deliberate is unconfirmed.
  • meeting-procedures — “Conspicuously on the Premises” (By-Laws §5.06), required for Board meeting notices, is undefined. The subdivision has no clubhouse or community board; posting location in practice is unknown.
  • meeting-procedures — Whether owners actually receive 10-day written notice of annual meetings by mail (By-Laws §4.03/4.05) or whether the HOA relies on other channels is not documented.
  • officer-roles — The By-Laws allow “one or more” Vice Presidents but do not define distinct duties for multiple VPs.

Finance & Assessments

  • assessment-structure — 215 vs. 216 unit count discrepancy: supplement-1-2006 confirms 215 is the correct residential lot count (Lots 55 and 56 were never platted; highest lot number 217 overstates by 2). The API Management Agreement (September 2020) figure of 216 remains unexplained — likely a drafting error, but not documented in any ingested source.
  • assessment-collection-policy — The July 2022 board policy added a $25/month flat late fee on top of 18% annual interest. Whether this supersedes or supplements the R&R Section 10 “$25 documentation service fee after 90 days” is not stated.
  • assessment-collection-policy / costello-sury-rooney — Kazmi settlement agreement: sent to owner’s attorney 4/17/2025; no further movement as of December 2025 CS&R letter. Terms of the settlement offer are not disclosed in any ingested source.
  • assessment-collection-policy / costello-sury-rooney — Pietanza (252 Laurel Lane): Motion to Reinstate 10/23/2025 — owner did not appear — eviction order entered $4,196.48. Order of possession expired December 22, 2025 — HOA eligible to place with sheriff. CS&R requested ledger 12/2/2025. Status after December 22, 2025 not confirmed in any ingested source.
  • assessment-collection-policy / costello-sury-rooney — Collection accounts (Aug–Dec 2025 batch): Bugay (241 Post Oak Circle) — suit filed 9/19; court 10/23 (not served, continued); court 12/9/2025 — outcome not confirmed. Canizal (218 Heritage Woods Drive) — suit filed 11/20/2025; court 12/15/2025 — outcome not confirmed. Little (353 Hemlock Lane) — suit filed 10/31/2025; court 12/18/2025 — outcome not confirmed. Patel G/N (367 Hemlock Lane) — suit filed 10/31/2025; court 12/18/2025 — outcome not confirmed. Status of Bugay, Canizal, Little, Patel G/N after December 2025 court dates not confirmed in any ingested source.
  • assessment-collection-policy / costello-sury-rooney — Ghatalah (264 Heritage Woods Drive): Eviction order entered 7/10/2025 for $3,866.32. Order of possession expired 10/10/2025. CS&R November 2025 letter repeats history through 10/10 with no post-expiry update. Ghatalah absent from CS&R December 2025 letter entirely — suggests either account was resolved/paid, eviction was placed with the sheriff, or CS&R removed from active reporting. Status unconfirmed.
  • violations-and-fines — The R&Rs do not specify what happens if a violation fine goes unpaid past the 30-day deadline — the Section 10 collection policy likely applies but is not cross-referenced.
  • owner-financial-rights — “Proper purpose” for owner record inspection (By-Laws Art. X) is not defined; “reasonable time” for inspection is also not defined.
  • owner-financial-rights — The HOA’s fiscal year end date is not fixed in the By-Laws — changeable by 2/3 Board vote. Current fiscal year end is unknown without meeting minutes.

Reserve Fund

  • reserve-study-findings — Board directed follow-up with Reserve Advisors (May 2026) to confirm the study correctly excluded homeowner property from HOA scope. No confirmation of that follow-up has been ingested.
  • reserve-study-findings — The recommended 2027 contribution increase ($7,799 → $11,100/year) has not been formally approved in any ingested board meeting. Likely to surface in the fall 2026 budget process.
  • reserve-study-findings — The North shared pond sediment removal (~$264,285 total; HOA share ~45% = ~$118,928) is subject to the cost-share arrangement. Whether commercial parties will share that cost per the existing formula has not been confirmed.

Vendor Contracts

  • hey-and-associates — The July 2018 minutes reference a prior wetlands management company replaced due to poor performance. Hey & Associates was already active by April 2018. The name of the prior vendor is not recorded in any ingested source.
  • hey-and-associates — Contact name prior to Matt Bucher (who took over as Environmental Services Manager by April 2023) is not recorded in any ingested source.
  • vendor-contracts — Yellowstone Landscape’s 2026 mulching contract status is unknown — no ingested source confirms whether their contract was renewed for the 2026 season.
  • vendor-contracts / hey-and-associates — Hey & Associates 2026–2028 renewal: Three proposals submitted August 2025 (total $37,800 for all basins including prescribed burns). Competing Pizzo & Associates proposals also presented (~$140,327 total — much broader North basin scope). No vendor selection recorded as of October 2025 board packet. The July 2026 contract log shows $15,500/year for 2026/2027/2028 ($46,500 total) — does not match any single August 2025 proposal’s 3-year total or the combined $37,800 figure. Unresolved.
  • vendor-contracts — State Farm 2025–2026: discrepancy between sources — October 2025 management report contract log shows $3,766; January 2026 management report contract log shows $3,268. Reason for difference not explained (actual billed vs. estimated, or policy adjustment). State Farm renewed 8/15/2026 at $3,864 per the July 2026 contract log — the underlying 2025–2026 discrepancy remains unresolved.
  • vendor-contracts — Tigris (pond aeration/treatment) contract termination date unconfirmed — board solicited competing bids from EAM and Tigris Aquatic Services in April 2025; no vendor selection or formal termination recorded in board packet. Decision expected to appear in subsequent minutes.
  • vendor-contracts — The May 2023 Fisher Burton tree removal proposal ($2,565) status remains unresolved. The July 2025 LCM tree removal bid ($2,045) covers 3 dead/dying trees plus soil/seed for 9 previously-removed sites — suggesting at least some 2023 trees were not yet removed. Whether LCM or Fisher Burton was selected for the July 2025 tree removal is not confirmed in any ingested source.
  • vendor-contracts / costello-sury-rooney — KSN to CS&R attorney transition date is unknown — no ingested source records when the switch occurred. KSN was confirmed active through at least July 2020 at $375/month retainer.
  • fisher-burton — The revised (narrower) Alan Horticulture Turf Care Program pricing, reflecting the Board’s July 16, 2026 decision to drop grub control and aeration and keep only weed control and fertilization, has not yet been ingested.
  • reserve-study-findings — EB is investigating who is actually responsible for the Menards-road retaining walls (currently included in the reserve study as HOA responsibility); API has been asked to have Reserve Advisors re-check their figures. Outcome not yet ingested.

Fences

  • fence-regulations / fence-specifications — Side-yard fence location: Both exceptions are now formally published in the Summer 2026 newsletter: (a) side-entry garage door exception (any position on garage), 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).

Property Rules & Homeowner Guidance

  • solar-panel-installations — The November 2022 Board policy direction that routine solar installations need not require Board approval was never formalized as a motion or R&R amendment. There is a gap between the written R&Rs (A&A required for all exterior alterations) and the Board’s stated intent.
  • solar-panel-installations — Whether “appropriate city building permits” is the sole condition for the Board’s prohibition on blocking solar, or whether additional requirements apply (placement, street visibility, etc.), is not stated.
  • violations-and-fines — “Immediate fine” for A&A violations (R&Rs §3.4/3.5) — unclear whether this bypasses the standard written warning step in Section 9 or simply means the first fine is issued without a warning period.
  • alterations-and-additions-process — The city approval process for landscaping or grading changes (required in addition to HOA A&A approval) is not described in the R&Rs.
  • swimming-pool-regulations — “Above-ground pool” is not defined — whether a semi-inground or partially buried pool is considered above-ground is unclear.
  • property-use-restrictions — The source document prohibiting sheds has not been identified. The Board cited “2/3 of homeowners” to change the rule — inconsistent with all known amendment thresholds (By-Laws: 2/3 of Directors; Declaration: 75% of owners; R&Rs: Board vote alone).
  • nuisance-rules — Whether the Board can fine for nuisance violations independently of law enforcement involvement is unclear. R&Rs direct complaints to law enforcement; Declaration §8.06 does not require it before HOA action.

Community Areas & Cost Share

  • community-areas — HOA appears to own vacant lots — number, location, and legal status not documented in any ingested source. April 2025 minutes reference a SE corner property and potential development or sale.
  • cost-share-arrangement — McColister (also “McCollister”) — billed $5,158.42 in April 2021 (largest single party at the time) and named as paying in November 2022, but absent from the current cost-share spreadsheet. Given the amount, McColister likely held a large parcel — possibly now WPT Shingle Oak Drive LP. Parcel may have been sold or transferred. Status unknown.
  • cost-share-arrangement / kornerstone-llc — Kornerstone, LLC three-parcel split — Kornerstone holds three separate parcels. The April 2018 special use petition (Case PC 18-08) covers two PINs (01-33-101-022 and 01-33-101-018); the third parcel’s PIN and basis for the split remain undocumented.
  • cost-share-arrangement / kornerstone-llc — Ditch Witch / Kornerstone payment dispute — legal action was authorized in July 2021. Whether fully resolved is unknown.
  • cost-share-arrangement — Fire station retroactive billing — West Chicago Fire District confirmed on HOA property and added to cost-share billing in 2025. Whether prior years are owed retroactively is unknown.
  • cost-share-arrangement — McCollister 2021 charge not applied — the May 2023 board packet reveals that the 2021 cost share of $2,253.42 was never posted to McCollister’s account (API internal error). Whether this was subsequently billed and collected is unknown. Note: the April 2022 board packet showed a $2,253.42 “prepaid credit” in McCollister’s AR — relationship to this unbilled amount unclear.

Management Company Decision (API vs. Westward360)

  • management-company-comparison-2026 — Whether Westward360’s $19,020/year base fee includes the $700/year fidelity bond, or is additive (effective year-one cost $19,720 if additive).
  • management-company-comparison-2026 — What Westward360’s “$50/account/month” AR management fee actually means in practice — potentially the largest variable cost driver given Prestonfield’s active delinquencies.
  • management-company-comparison-2026 — Whether Westward360 has an annual escalation clause (not stated in the proposal, unlike API’s contractual 3.5%/year).
  • management-company-comparison-2026 — Westward360’s contract term length and termination provisions are absent from the proposal — a critical omission compared to API’s known 90-day without-cause terms.
  • management-company-comparison-2026 — Who would be Prestonfield’s dedicated Westward360 manager, and their current portfolio size; the named contact (Eric Staszczak) appears to be a sales/transition role.
  • management-company-comparison-2026 — Whether Westward360 has suburban single-family HOA references (its testimonials are condo associations only, a different profile from Prestonfield’s 215 single-family lots).
  • management-company-comparison-2026 — How Westward360 would handle transition of active collection cases and the CS&R attorney relationship if selected.
  • management-company-comparison-2026 — Westward360’s process for coordinating the ongoing reserve study and future capital spending (their proposal includes a $3,300 flat capital-coordination fee not present in API’s agreement).

Dispute Resolution

  • dispute-resolution-process — Who bears the cost of AAA arbitration is not specified in the Declaration (split equally, loser pays, or other). AAA rules govern unless the Declaration specifies otherwise.
  • dispute-resolution-process — Whether the Declaration’s mediation/arbitration requirement applies to HOA-initiated enforcement actions (e.g., injunctive relief for ongoing violations) or only to owner-initiated disputes is unclear.

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