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Ask Gerald-Esquire Your Own Question
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 4083
Experience:  30 years of experience.
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I live in a condo association of duplexes. I have a deck

Customer Question

I live in a condo association of duplexes. I have a deck which I had built. The president threatens me with coming on my deck and removing a pergola cover if I don't remove it myself. Would she be considered trespassing?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Sorry illinois
JA: Has any paperwork been filed?
Customer: Nope just a threatening email.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 1 year ago.

Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Expert:  Gerald-Esquire replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Neither the HOApresident nor any other member or staff of the HOA have the authority to enter your property and remove your personal property. Doing so would be a trespass for which you can bring civil action against the person who does so.

You may also be able to file a criminal complaint in trespass, but the ikelihood is that law enforcement would decline to act and would tell you that this is a civil matter.

If you are violating HOA bylaws (to whcih you are contractually bound) the HOA may assess a fine against you (if the bylaws grant such authority) OR they can bring an action against you to seek an injunction against the offending conduct. You would be entitled to answer the complaint and appear in court to assert why the pergola cover is NOT aviolation of the bylaws.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.