HOA Nut House

Hello Illinois,

I presume you have received a number of emails regarding your entry re: fences and unequal enforcement. I hope this email proves helpful. The following is somewhat lengthy and I apologize in advance.

First: I have served on past HOA boards and committees in various capacities; I have enrolled and completed several HOA management classes and HOA management certification courses. This does not make me an expert in Illinois, nor in my home state of Arizona. It does help me keep HOA affairs open, fair, and reminds me that the best interest of all homeowners is paramount. Of this, it also helps me understand the general situation you are facing and prompts me to suggest a couple of avenues to investigate.

Homeowner associations that are open to its membership and proactive to keeping the community the best for all homeowners will tend to think about policies and procedures with the future in mind. This will include sets of procedures that you have mentioned. HOA’s are a ‘not for profit’ business operated for the common good of all invested parties (homeowners). This means the HOA will be incorporated, sanctioned by the state authority as a HOA, have state laws governing the actions of, and will maintain bookkeeping and board meeting minutes as such. You are an equal partner in the vested interests of the HOA and equally share in the benefits of such.

If you want to find out how the current president of the HOA managed to build their fence, check the meeting minutes of the Architectural Committee and the HOA Board’s approval of the mentioned fence. Assuming the fence you want to build is of same quality and look, placement on the property, and subject to the same (high probability) city/county zoning codes, there may not be any alternative but to grant permission if the same procedures are followed.

Everything about what can and can’t be done within the HOA goes back to the CC&R’s. State laws trump the HOA’s by-laws, CC&R’s, policies and procedures. If fences are specifically mentioned in the CC&R’s, then that is a contract that was signed at the purchase of your home.
What most homeowners forget is the contract gives BOTH responsibilities and rights to BOTH the homeowner and the HOA (a collective interest of homeowners.)
If fences are not mentioned within the CC&R’s, ask for copies of the by-laws, policies, and procedures. Specifically ask for the policies and procedures of the Architectural Review Committee and if applicable, the Landscaping Committee. If the policy and procedures are formally written, accepted and voted into effect by the HOA board, they will be made available to you promptly. The documents should have a date signifying when the Board voted and approved the documents. If no date is available and not supported by the meeting minutes, they are not official and may be considered non-binding.