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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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I live in a small residential community (160 members) Our HO

Customer Question

I live in a small residential community (160 members) Our HO Association's Declarations (est 1972) allow no fences. Over the years, several exceptions have been approved by the then sitting Boards. Now they tell us that Illinois law says everyone must be treated equally. A resolution was passed going back to square one, no fences. All property owners must remove their fences to be in total compliance. Does this sound legal; Can they do this? The same is being done with above ground pools, RV's , etc.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 3 months ago.

No, under Illinois law, they cannot change the approval retroactively. That would be a violation of a government takng. In other words, the law can't be applied retroactively, to make something that was legal at one point illegal going forward. Otherwise the government could do anything they wanted to people. Since the HOA must follow the laws of Illiniois, if the fences, pools etc were approved at one point, they cannot be retroactively made illegal without the consent of all the members of the HOA, including those affected by the change. Of course, the ones affected by the change would never approve it unless they received compensation.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 3 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 3 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 3 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 3 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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