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| A question for the board legal minds https://mail.chicagofanatics.com/viewtopic.php?f=47&t=71163 |
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| Author: | sjboyd0137 [ Tue Jun 26, 2012 10:12 pm ] |
| Post subject: | A question for the board legal minds |
When the girlfriend bought the house, she was assured by the sellers that putting a fence up would be no issue since others in the neighborhood had fences. Made sense to her since the neighbors behind us had a fence, along with the four houses to the left of ours. She would only need to put a fence up on one side plus connect to the neighbors fences. Mentioned our intentions to one of the neighbors to build a fence and you would have thought that we were threating to kidnap one of their children. Fences were absolutely not allowed to be built on the property...huh? Really? More than 10 houses in the neighborhood have fences. So did some digging, and the association declaration states the following: 8.08 FENCING: No fencing or other structure of any type shall be constructed or installed on that portion of a Lot; except for patio fences approved, in writing, by the Board or fences around a swimming pool approved by the Board to comply with applicable law. Okay, so no fence for us. Since then, 2 other neighbors have put fences up to some major screaming and threatening of law suits but nothing has happened and their fences have remained up. Earlier this year a petition to change the above rule to allow fences was sent around requiring a 75% majority....the petition lost by 1 vote....of which 2 houses that voted No actually had fences! We now have Beau the Eleven month old, 115 pound Bernese Mountain Dog and Lil'Bear the 15 year old Shitzhu who are constantly tied up when they go outside when we are not directly with them as we live on the corner and the risk of them getting hit by cars is huge since most residents neglect to stop at the Stop Sign. To us getting a fence to protect our dogs is critical. Do we have a legal leg to stand on to get a fence considering how lax the policy is actually enforced? Seems like the policy in the Declaration has not been enforced at all, but we also don't want to get into a legal battle over the issue of protecting our pets. |
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| Author: | cpguy [ Tue Jun 26, 2012 10:32 pm ] |
| Post subject: | Re: A question for the board legal minds |
Ask Spada!
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| Author: | sjboyd0137 [ Tue Jun 26, 2012 10:35 pm ] |
| Post subject: | Re: A question for the board legal minds |
This is a property issue...not a DUI, but thanks for playing. |
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| Author: | Redneckmommy [ Tue Jun 26, 2012 10:37 pm ] |
| Post subject: | Re: A question for the board legal minds |
so if you can't put one up does that mean everyone else has to take theirs down? |
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| Author: | Urlacher's missing neck [ Tue Jun 26, 2012 10:38 pm ] |
| Post subject: | Re: A question for the board legal minds |
Garth speaks the truth. 
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| Author: | conns7901 [ Tue Jun 26, 2012 10:41 pm ] |
| Post subject: | Re: A question for the board legal minds |
My parents subdivision have a rule that all fences must be wooden or those plastic look-a-likes. Tens years ago they looked good, now have of them have not been properly painted or sealed and look like shit. There wouldn't be some type of ordinance requiring a fence if you have a dog? |
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| Author: | sjboyd0137 [ Tue Jun 26, 2012 10:43 pm ] |
| Post subject: | Re: A question for the board legal minds |
conns7901 wrote: My parents subdivision have a rule that all fences must be wooden or those plastic look-a-likes. Tens years ago they looked good, now have of them have not been properly painted or sealed and look like shit. There wouldn't be some type of ordinance requiring a fence if you have a dog? Nope...we are in unincorporated Warren Township...no such ordinance...actually, I've never heard of such an ordinance...is that a city thing? Redneckmommy wrote: so if you can't put one up does that mean everyone else has to take theirs down? Technically speaking, the bylaws say that no one should have them. Most of the existing ones are a screwup from the builder in the subdivision. The rest are folks who have gone rouge and put them up covertly. |
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| Author: | Crystal Lake Hoffy [ Tue Jun 26, 2012 10:43 pm ] |
| Post subject: | Re: A question for the board legal minds |
Why not try Invisible Fence? Otherwise, it depends on how much money the association has on reserve. Most likely if it is not a lot, they will not follow through on legal action. I know this because our assocation does not have a lot of money in reserve and do not go after homeowners that have yet to pay their association fee... ever... in 20 years. |
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| Author: | sjboyd0137 [ Tue Jun 26, 2012 10:46 pm ] |
| Post subject: | Re: A question for the board legal minds |
Crystal Lake Hoffy wrote: Why not try Invisible Fence? We looked into it. The big dog will go right through it. The collar's prongs don't go through all the damn hair he has. |
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| Author: | Crystal Lake Hoffy [ Tue Jun 26, 2012 10:47 pm ] |
| Post subject: | Re: A question for the board legal minds |
sjboyd0137 wrote: Crystal Lake Hoffy wrote: Why not try Invisible Fence? We looked into it. The big dog will go right through it. The collar's prongs don't go through all the damn hair he has. "We're gonna need a bigger fence". |
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| Author: | Dr. Kenneth Noisewater [ Tue Jun 26, 2012 10:49 pm ] |
| Post subject: | Re: A question for the board legal minds |
I wouldn't think the Association would bother to waste their funds in a legal battle to sue you. |
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| Author: | Mr. Reason [ Tue Jun 26, 2012 10:51 pm ] |
| Post subject: | Re: A question for the board legal minds |
Put it up and test them. Bitching about it is one thing, but as you said, nothing has been done about the others. Sounds like you're dealing with loudmouth bullies. Good fences make good neighbors. |
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| Author: | sjboyd0137 [ Tue Jun 26, 2012 10:51 pm ] |
| Post subject: | Re: A question for the board legal minds |
Dr. Kenneth Noisewater wrote: I wouldn't think the Association would bother to waste their funds in a legal battle to sue you. I don't know...we can play a pretty mean cover of Windy using empty beer bottles, a pair of tongs, and the backyard fire pit. |
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| Author: | Big Chicagoan [ Tue Jun 26, 2012 11:00 pm ] |
| Post subject: | Re: A question for the board legal minds |
If everybody else but you has a fence, then just let the dog out. He won't be able to get in their yards. |
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| Author: | stoneroses86 [ Tue Jun 26, 2012 11:05 pm ] |
| Post subject: | Re: A question for the board legal minds |
I am assuming that all of the people who currently have fences fall under the jurisdiction of the same board. If so, you simply apply to the board for permission, as provided for in Section 8.08. In doing so, simply note the abundance of fences already up. They would have to be insane to turn you down. If rejected, threaten legal action and put the fence up. |
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| Author: | WarriorDon [ Tue Jun 26, 2012 11:12 pm ] |
| Post subject: | Re: A question for the board legal minds |
Hey Boyd, After checking with a lawyer I used to work for he said if it were him he would put up the fence, then if a stink was made about it, involve the others with fences saying if mine has to come down so does theirs, they will join you in the fight to keep their fences. He said there is one key point, make friends with the ones who have the fences up already, that way it will make it easier for them to side with you. |
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| Author: | 24_Guy [ Tue Jun 26, 2012 11:14 pm ] |
| Post subject: | Re: A question for the board legal minds |
sjboyd0137 wrote: Do we have a legal leg to stand on to get a fence considering how lax the policy is actually enforced? Seems like the policy in the Declaration has not been enforced at all, but we also don't want to get into a legal battle over the issue of protecting our pets. In all likelihood, Obama will decline to prosecute. Just do it and Dream on. Seriously, your association sounds about as screwed up as mine. And like yours, mine also doesn't bother trying to collect dues from deadbeats who just decide they don't ever feel like paying. |
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| Author: | Don Tiny [ Tue Jun 26, 2012 11:19 pm ] |
| Post subject: | Re: A question for the board legal minds |
Mr. Reason wrote: Put it up and test them. Bitching about it is one thing, but as you said, nothing has been done about the others. Sounds like you're dealing with loudmouth bullies. Good fences make good neighbors. As is often the case, Reason and I agree. Probably means it's the wrong idea, but it's certainly the most adversarial (and perhaps also entertaining - if not for you, than for the rest of us). |
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| Author: | 24_Guy [ Tue Jun 26, 2012 11:23 pm ] |
| Post subject: | Re: A question for the board legal minds |
OK now that we've heard from the bored legal minds, any board legal minds want to chime in? |
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| Author: | bigfan [ Wed Jun 27, 2012 12:16 am ] |
| Post subject: | Re: A question for the board legal minds |
Dont ask just do. This from a lawyer who deals in condo assoc, that would never put his name to it. We have problems all the time with our assoc, everyone just does what they want. You will get a letter. Throw it away. |
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| Author: | Gloopan Kuratz [ Wed Jun 27, 2012 6:23 am ] |
| Post subject: | Re: A question for the board legal minds |
Put in a pool and fence in the whole back yard. |
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| Author: | Rod [ Wed Jun 27, 2012 6:35 am ] |
| Post subject: | Re: A question for the board legal minds |
Most associations are toothless. Especially in these economic times when many members are likely to be behind in their assessments and many of the properties under their auspices are likely going through foreclosure. This reminds me of a funny story about a sunroom addition I sold in Arlington Heights. The guy wanted a small studio room that was very tasteful. But the way it laid out it would have been a foot into the setback. We applied for a variance and the neighbor on that side showed up to the meeting and whined like a bitch as if that one foot was going to destroy his life. My customer got so pissed he had me design the biggest, most obnoxious room that would fit on his lot under the existing code. We built all around out to the setback lines. It looks kind of ridiculous from the outside, but his family enjoys the room and he stuck it right in that neighbor's ass. Plus my commission was fat on the giant room. |
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| Author: | T-Bone [ Wed Jun 27, 2012 6:53 am ] |
| Post subject: | Re: A question for the board legal minds |
sjboyd0137 wrote: Crystal Lake Hoffy wrote: Why not try Invisible Fence? We looked into it. The big dog will go right through it. The collar's prongs don't go through all the damn hair he has. That is too bad, that is what I had for my two when I lived in my house and it worked wonderfully. Only had one dog break it once when outside and a big thunder boom crashed overhead. Found her next door by the neighbors front stoop shaking like a leaf. Other than that with good training they never got within 2 feet of the thing. Worked so well we just stopped using the collars and they wouldn't dare leave the yard. |
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| Author: | good dolphin [ Wed Jun 27, 2012 7:44 am ] |
| Post subject: | Re: A question for the board legal minds |
Sit naked in your yard over 4th of July weekend. The association will pay you to put one up. Unlike others here, I am not as bullish on your chance of success should the association or a neighbor decide to take a stand. However, its easier to ask for forgiveness than permission. Dare them to do something but you just do it at your own jeopardy. If I were an asshole neighbor, I'd make sure the building department never issued you a license for the fence but your neighbors probably won't do that. |
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| Author: | Urlacher's missing neck [ Wed Jun 27, 2012 7:51 am ] |
| Post subject: | Re: A question for the board legal minds |
If you don't want to go all in and actually put up the fence, which it sounds will work because the association won't do a damn thing about it other than bitch, then you should put up a temporary orange snow fence just to piss them off. |
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| Author: | Frank Coztansa [ Wed Jun 27, 2012 8:02 am ] |
| Post subject: | Re: A question for the board legal minds |
Dr. Kenneth Noisewater wrote: I wouldn't think the Association would bother to waste their funds in a legal battle to sue you. I used to frequent a Chinese restaurant owned by Sue Yu.
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| Author: | sjboyd0137 [ Wed Jun 27, 2012 8:12 am ] |
| Post subject: | Re: A question for the board legal minds |
Thanks everyone. |
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| Author: | doug - evergreen park [ Wed Jun 27, 2012 8:22 am ] |
| Post subject: | Re: A question for the board legal minds |
Well, if you are part of an association and you pay monthly assessments, guess who pays to litigate against you on behalf of the homeowners.... you and the rest of the homeowners! I'd put the fence up. Just be sure it's on your property. If she has a plat of survey, find it and let me see it first. If not, send me your address and I'll see what I can find. |
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| Author: | Brick [ Wed Jun 27, 2012 8:26 am ] |
| Post subject: | Re: A question for the board legal minds |
Besides telling you to take it down, what other punishment options do they have? I believe mine could charge me $100 a month for doing something like this. They also may hold up you selling the house until the fence is removed. It really depends on just how much power they have. Mine has a ton but it's a townhouse community. |
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| Author: | Douchebag [ Wed Jun 27, 2012 8:57 am ] |
| Post subject: | Re: A question for the board legal minds |
Q.Bovifs wrote: Might be a damn good idea to run for president of the Board and work on amending the Dec, too. This. Or at least become active by going to HOA meetings. My wife and I were getting screwed with multiple fines for a few items that were 100% false. We started to go to meetings, and these fines vanished, and we haven't heard a peep from anyone in a couple years now. People will be less likely to accuse you of anything to your face, so by being at the meetings, they will probably be frightened to air any grievances. Our meetings are just quarterly, so we only have to invest about 4 hours a year with them, and they are actually humorous to see how petty some people can be. |
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