Legal Question in Real Estate Law in Illinois

We live in a subdivision with a covenant that says that we cannot park a camper at our house.

On Sunday we got the camper out of storage and parked it at our house to clean it and pack it to go camping this weekend. The next day our developer emailed us and told us it would have to go. We emailed back and said that we were just packing it to go camping and that it would be gone by friday.

He emailed back and said that we had to move it now or he would have it towed and that he could put a lein on our house. We moved the camper, but today is thursday and we are bringing the camper back to pack it up and we will leave tomorrow. What rights does the developer have and is an email

good enough or does he have to get a certified letter from the HOA. We don't want it towed, but we need to load it up.


Asked on 5/27/10, 8:48 am

1 Answer from Attorneys

These kinds of covenants have been considered enforceable because there's no way of assessing damages to an HOA or a developer (especially in the current economic climate) if the subdivision shows like a transient camp. But you need to read the declarations carefully because the process may take longer than Friday, and putting a lien on the house suggests the declaration imputes a fine that you could very well become liable for. There may be ways of reading the covenant that can avoid the problem, such as on the property, or anywhere in the subdivision -- for example could an out of state visitor in an RV park on the street in front of your house??? Until the document is reviewed it would be irresponsible to say anything more particular or certain. As to notice, it really appears that both the developer and you have "agreed" to email notice and you have "actual notice", but the declaration may require more formal notice regardless. PS did you ask the developer where you're supposed to be able to load up? If the answer is unreasonable, you may have some leverage but it will be a struggle.

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Answered on 5/27/10, 12:01 pm


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