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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have lived in a private lake community for 18 years. Outr

Customer Question

We have lived in a private lake community for 18 years. Outr community is in IL and is ruled by an association. The board decided to do a road project. They published maps and e-mail them. The maps were not large enough for us to see how the road would impact our large circled exposed aggregate 6: thick drive. My retired husband met with a board member who assured us that the project would not impact but would meet neatly with our driveway. Today a construction crew was in the process of sawing off 2' of our drive to meet with the 3" asphalt cul-de-sac. My husband stopped them and called the association as we had been told this would not happen. The board member was not available so their secretary came and told my husband she would call the sheriff if my husband did not allow the crew to remove that portion of our drive. Calling a sheriff implies a criminal act. Can someone make this threat on behalf of a homeowners association? Did my husband commit a crime by stopping the construction crew until clarification could be obtained?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Calling a sheriff implies a criminal act. Can someone make this threat on behalf of a homeowners association?

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While it is improper for the person to make that comment, a sheriff upholds the peace in the county and any time someone thinks that there is some type of disturbance or potential disturbance, they are free to call law enforcement to intervene and keep the peace.

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Did my husband commit a crime by stopping the construction crew until clarification could be obtained?

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Absolutely not.. If they were damaging your personal property, i.e. cutting your drive, you have every right to stop and prevent them from continuing. And if anything, you have the right to call the Sheriff to have him advise them that when they touched your property without your permission, that is a trespass to property and property damage, which could be a criminal offense on the part of the construction company.

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So you were in no way in the wrong here and if anyone was, it was the construction crew...

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thanks

Barrister

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