Legal Question in Real Estate Law in Indiana

I live in a subdivision that has covenantes that require approval of materials and plans before a fence is build. We approached the developer with plans to put up a wood privacy fence, which he rejected and said we could not have a wood fence only one made of vinyl. A few weeks later another family in the subdivision put up a wood fence without obtaining approval before doing so. When we complianted about it, he said there was nothing that said they couldn't have a wood fence, which is a complete 180 from what he told us. Because of this we had to spend over 5K more than we would have with a wood fence. Could we hold him legally responsible for this?

Asked on 8/27/09, 10:32 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

File a small claims case ( $80 or so) and see whata judge says. Have pictures, documentation etc.

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Answered on 8/27/09, 10:55 pm

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