Legal Question in Real Estate Law in Illinois

We purchsed a home about a year ago and have yet to receive any of the property bylaws from our homeowner's association, although we have requested a copy multiple times. When we bought the house, we had intended to take down the white PVC fence that was already present and put up a taller black iron fence because we have 2 large dogs that can jump the smaller PVC fence. We have since heard from a home ower's association board member that we will not be allowed to replace our fence with anything but a redwood cedar fence as stated in the bylaws. When we bought our home we assumed any type of fence was fine because there are various types of fences up throughout the entire subdivision. However, from what we have learned, the previous HOA president was very lax about the bylaws and allowed any fence to be constructed, but the new president is very strict and chooses to stick to the redwood cedar bylaws. Is it likely we would lose in court and be forced to remove our new fence if we ignore the current HOA president and put up the black iron fence of our choice?


Asked on 2/05/10, 3:06 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Are you in Will County or Du Page? Either way, pardon the expression, this could be a crap shoot. I think it more likely than not that you would lose this battle. But it would be close. Just my opinion.

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Answered on 2/10/10, 5:26 pm


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