ArjunS (Illinois)
Posts: 45
Posts: 45
Posted:
Hi Everyone,
Our Neighborhood does NOT have a Board, HOA and despite the covenants saying so, 40 years ago the builder did Not appoint an Architectural Committee either. There are about 17 homes in our community and the neighbors have violated almost all the covenants themselves, some more than others.
Our Covenants state that an owner or group of owners can sue to seek damages for a violation of the covenants but have not done so over the last 40 years. They are now opposed to a fence I want to build and have threatened to sue if we build it.
Could they be guilty of selective enforcement given that they did not sue the other owner of a fence built 5 years ago? (Ours will be privacy, theres is not, the covenants simply state no fences without permission from the ACB but they were never appointed)
OR
Is Selective enforcement only applicable to an association and can neighbors single out and enforce rules against only 1 neighbor?
Thank you
Our Neighborhood does NOT have a Board, HOA and despite the covenants saying so, 40 years ago the builder did Not appoint an Architectural Committee either. There are about 17 homes in our community and the neighbors have violated almost all the covenants themselves, some more than others.
Our Covenants state that an owner or group of owners can sue to seek damages for a violation of the covenants but have not done so over the last 40 years. They are now opposed to a fence I want to build and have threatened to sue if we build it.
Could they be guilty of selective enforcement given that they did not sue the other owner of a fence built 5 years ago? (Ours will be privacy, theres is not, the covenants simply state no fences without permission from the ACB but they were never appointed)
OR
Is Selective enforcement only applicable to an association and can neighbors single out and enforce rules against only 1 neighbor?
Thank you