My question involves real estate located in the State of: Illinois
Our neighborhood was formed in 1978 and the builder created a set of covenants that 'run with the land'. Our builder did not create an HOA or an 'Architectural Committee board'. Per our covenants we must seek permission from the ACB to seek a variance and we wish to build a privacy fence. Most of our neighbors are against this and some have threatened to sue us if we do.
Since the formation of our covenants, almost every single rule has been violated . Another neighbor has a fence but it is not privacy. Last year we got together and created a document with our opinions of the document but no suggestions were oficialized
There is a clause that states that if there is a majority vote by said homeowners, the rules can be changed in the covenants. It also states that an individual or collection of neighbors can sue to seek recourse.
1. If the neighbors are to now vote in majority in favor of forming an HOA, would i be obligated to join as the covenants run with the land? Could they use this as a loophole to compel me to join?
2. How likely is it that they would get an injunction to stop us building our fence?
3. Is it possible to win this suit on grounds of selective enforcement?
Our neighborhood was formed in 1978 and the builder created a set of covenants that 'run with the land'. Our builder did not create an HOA or an 'Architectural Committee board'. Per our covenants we must seek permission from the ACB to seek a variance and we wish to build a privacy fence. Most of our neighbors are against this and some have threatened to sue us if we do.
Since the formation of our covenants, almost every single rule has been violated . Another neighbor has a fence but it is not privacy. Last year we got together and created a document with our opinions of the document but no suggestions were oficialized
There is a clause that states that if there is a majority vote by said homeowners, the rules can be changed in the covenants. It also states that an individual or collection of neighbors can sue to seek recourse.
1. If the neighbors are to now vote in majority in favor of forming an HOA, would i be obligated to join as the covenants run with the land? Could they use this as a loophole to compel me to join?
2. How likely is it that they would get an injunction to stop us building our fence?
3. Is it possible to win this suit on grounds of selective enforcement?
Homeowners Associations: Do I Have to Join an HOA That Did Not Exist when I Bought My Home
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