Legal Question in Real Estate Law in Illinois

Subdivision Covenant Enforcement
I followed all necessary procedures and received approval by subdivision Arch Committee for a screen room addition (screen only, no windows). The screen room is all rough-sawn cedar with a 36'' knee wall. The knee wall is sided and painted to match house as per my application. I made no mention of the rest of the screen room because there would be no color painted on the natural cedar timbers. The committee is now mandating that I paint cedar timbers to match my house. Question: Can they force me to paint the cedar timbers even if they approved my app? If they needed more details shouldn't they have requested them BEFORE they approved? This request is almost 1 year after completion of screen house.

Asked on 9/19/03, 10:33 pm

2 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

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Re: Subdivision Covenant Enforcement

If they approved your application before you did the work, you are likely to be in the right. However, most association documents provide that any legal fees incurred are charged to the unit not complying with the lawful order of the board. This raises the stakes considerably for contesting the board's action. If you lose, you will have to pay two sets of attorney fees.

Answered on 9/22/03, 11:59 am

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