Legal Question in Real Estate Law in Illinois
Home owners associations
When i purchased my house there wa not any hoa. There is nothing in my title policy, contract deed or in the subdivision declaration etc about a hoa. One was formned at a later date and they now claim they can collect dues and file liens even if you are not aa member.
2 Answers from Attorneys
Re: Home owners associations
I've never encountered a situation such as you describe; not that it's not possible. I really don't know what the law is for this scenario.
On the one hand, your docs are prior to the Association (if we understand the situation correctly). Therefore, your interest should trump the Association because it's prior in time.
On the other hand, perhaps the law is such that if a majority votes for it, and the Association benefits everybody, maybe they could legally do it.
In short, I'd have to review all the docs and perhaps research this issue to give you a definitive answer. And my guess is that, for the amount they're trying to charge you, it wouldn't be worth it to retain me. Contact my office if you think there's something I could help you with.
Re: Home owners associations
check out the plat of subdivision
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