Legal Question in Real Estate Law in Illinois

HOA - rule violation

In order to protect my deck, I stained it in a high quality stain. When I stained my deck, there were no rules regarding deck stain choices in the homeowners manual. Since then, a specific deck color rule has been passed and the association has notified me (and several others) that we have to remove the color and restain the deck according to the offical association color. It somehow seems unfair to charge me with a violation for a rule that wasn't ratified until after my staining occurred. My deck looks fine, and I am not pleased that I'm being punished for taking care of my property. I don't have any desire to spend the money to have my deck stripped and restained. Is this something I can fight? Thanks!


Asked on 10/02/07, 7:54 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: HOA - rule violation

You have to look to your condo decs and bylaws - this will give you the answer you need - whether it's retroactive or not is individual to each condo association

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Answered on 10/02/07, 3:39 pm


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