Legal Question in Construction Law in Illinois

Real Estate Development

Here is my problem . I bought a vacant lot in a new subdivision .It has covenants and restrictions .

But nobody seems to be enforcing any of them .

Here is what it states .

All one story residences constructed shall contain not less than 1400 square feet of above ground interior living space . All multi-level residences shall contain not less than 1700 sq. ft. of above ground interior living space with not less than 850 on the first level . Interior living space shall be measured by exterior dimensions but shall not include decks, porches, garages, basements or other spaces enclosed by foundations and any other unheated or unfinished space .

Here is what is taking place . There were several bi-level & tri-level homes built in the subdivsion . I am confident to say these builders are not following the covenants and restrictions in this section above . I believe that they are including the areas of the homes that are enclosed by concrete in their lowwer levels, into the amount of square footage . My question is what can I do to protect my investment ? I would not of bought this lot knowing that these homes where going to be allowed to be built in this subdivision , and nobody enforcing the covenants and restrictions .


Asked on 4/01/07, 11:21 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Real Estate Development

Hello. You should proceed carefully here. I suggests that you make contact with the village or municipal

representative in this subdivision. You should acquaint yourself with the local government. Now of course if those other properties were in place prior to the covenants and restrictions, they will not apply to them. In my opinion, you should have a lawyer so that you will not be in jeopardy. In fact, your lawyer should be the one contacting the village or municipal authority on your behalf. I will be happy to discuss this further and in more detail. Hold off on building, until these issues are resolved.

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Answered on 4/02/07, 4:25 am


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