Legal Question in Real Estate Law in Illinois
homeowners assoc rules
My homeowners assoc has a rule of no above ground pools of any kind allowed. In- ground pools are allowed as long as village conditions are met. When the homes were first built 8 years ago, a homeowner requested an approval for an above ground pool and received that approval. The assoc says it was in error approving the pool and no additional pools can be put in. Have they lost their legal ability to not allow any other pools since they allowed the one? Also since no above ground pools ''of any kind'' are allowed are the new small type of portable pools with filters not allowed as well. The assoc has threatened a fining system of probably $10.00/day if rules are broken along with a lein, is this legally allowed?
1 Answer from Attorneys
Re: homeowners assoc rules
THIS QUESTION IS NOT CAPABLE OF BEING ANSWERED WITHOUT REFERENCE TO THE EXACT "ASSOCIATIONS COVENANTS" WHICH YOU SHOULD TAKE TO A REAL ESTATE LAWYER FOR INTERPETATION