Legal Question in Real Estate Law in Illinois
About 6 months ago I purchased a home in unincorporated Elgin IL. Shortly after moving in I decided to put up a pole barn. When word got out my neighbor across the street informed me I was in violation of the covenants established by the developer back in 1988. After some research it was discovered that covenants had been file by the developer with an illinois bank. (Not discovered by the title company search before closing)
The covenants consist of 16 restrictions. They state that changes can only be made in writing and need to be approved by the subdivider or a committee appointed by the developer. The developer is long gone and It appears there was never a committee established and there�s no H.O.A. involved.. Any owner wanting to make a change to his property like a pole barn or an above ground swimming pool cannot submit his drawings, plans or needed documents for approval since again there�s no committee or H.O.A..
A number of owners that I have spoken to indicated that they weren�t aware of any covenants. In fact many gave their blessing for me to go ahead and build the pole barn. I did some research and discovered that there are a large number of above ground pools (15) which are definintly in violation of the covenants as well as many secondary buildings that would have required written approval before they could have been built or placed on the property according to the covenants.
I think this one neighbor(deep pockets) objects to the location and size of the barn and is using the covenants as a way to prevent me from putting the barn on my own property.
I thought that with all of the documented violations that if I went to courts a judge would view the evidence of documented violations and make a ruling as to whether I could proceed with building. I was issued a permit from the county after submitting a drawing as to size and location
Is this the type of case that can be heard in small claims court where i could represent myself and keep the cost down.
At a loss as to where i stand legally and how to proceed. Are the covenants even a factor at this point since there's no committee or way for a owner to alter his own property.
1 Answer from Attorneys
This is not a matter that is typically heard in small claims court. If there is any litigation, it will be in Chancery. Since no HOA has adopted the covenants and the covenants have not been recorded with the county, it appears the covenants have expired.
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