Legal Question in Real Estate Law in Illinois
I live in a subdivision with a developer-run HOA. Another resident and I have have asked to see the accounting of the Association, including back-up of receipts and cancelled checks. We are entitled to see same as per the bylaws; however, he has failed to produce any documents. We have not backed down. This has been going on for nearly a year. He has sought counsel and has charged the lotowners his atty's fees on this issue in the form of HOA assessments.
Recently, he sent an email to us, notifying us that our dog kennel is in direct violation of the bylaws. We ignored the email, one, because it is not considered a formal and proper way of notification and two, because there is no bylaw that outlaws a dog kennel. Before we signed a contract, we confirmed with his partner that kennels were OK(for what it's worth).
During the course of research at the courthouse, I came across an addendum to the Covenants and Restrictions that clearly mentions dog kennels are a violation. The addendum was created immediately after a homeowner's meeting where we again asked to see documentation. That was filed and recorded nearly two months ago and he still has not provided any lotowner a copy (clear violation of his bylaws). Yesterday, we received a letter from his attorney, giving us seven days for removal.
He has blatantly ignored our attempts to see the books, and has been non-compliant in other areas as well, and now our persistence has resulted in retalitory actions by him. Although he can amend the bylaws, he has to follow protocol (notifying residents). I think he was holding on to the amendment to see if we'd back down...when we didn't, he had an atty send the letter, again via email.
Does he really have this much control and power over residents? Additionally, today, it's a dog kennel, if I look at him cross-eyed tomorrow, he could make aluminum fences a violation (which we have). Help!
1 Answer from Attorneys
You need to hire counsel who can guide you as to what procedures need to be filed when the HOA fails to follow its own bylaws. You may also have to file for an injunction. See an attorney locally and have all of your papers along with affidavits of yourself and others regarding the conduct.
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