How do I fight the convenants of my community and can they fine me?
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We may need to obtain additional information from you in order to answer your question. The type of tickets being issued, the type of information being gathered on your property and the type of penalty being imposed are unclear from the information you have provided. The following is general information relating to subdivision or neighborhood covenants and zoning ordinances. We have also provided a link to information relating to eminent domain.
The county commission or like governing body of counties in most states are authorized to regulate the minimum size of lots, the planning and construction of all public streets, public roads, and drainage structures and require proper placement of public utilities to be located in proposed subdivisions of land or in proposed additions to subdivisions of land. The placement of public utilities must conform to the requirements of the applicable building code, state and federal laws, and regulations of state and federal regulatory agencies. The county commission may also establish a board of developers to make suggestions to the commission regarding the development and division of subdivisions. The board may advise the commission on the contents of the regulations, revisions that need to be made to the regulations, and assist in resolving disputes between the commission and developers.
Technically (and within the context of residential neighborhoods), a covenant is a rule governing the use of real property. However, in common usage, it may also refer to a promise or agreement (as formalized in a deed) concerning the use of the land, as where a purchaser of land "covenants" to abide by certain restrictions associated with the use of the land. Essentially, such covenants are promises made by a prospective purchaser as a condition of purchasing the land in question. When properly recorded on a deed conveying land, a covenant ("restrictive deed covenant") has the legal effect of a binding contract term, and may be so enforced. When covenants are instead signed privately among neighbors, as in a mutual compact or agreement, they are still binding upon the signatories and may be litigated if breached. Most planned developments (subdivisions of homes built by a particular builder), including closed or gated residential areas, as well as condominium associations and housing cooperatives, make use of covenants for the benefit of all residential owners and their neighbors. Most counties and local governments have laws protecting residents from unsafe or unhealthy conditions on neighboring property. Covenants regulate what property owners in a particular area can or cannot do with their property.
Covenants differ from zoning ordinances in that they are between private parties rather than between a governmental entity and a private party. Thus, a neighborhood association or single homeowner may enforce a covenant as against another homeowner, rather than a city or county enforcing a zoning ordinance as against a private citizen. State and local governments have the power to enact statutes and ordinances, known as zoning regulations, in order to control the use of land for the protection of the public health, safety, and welfare. Zoning ordinances and maps are public records. The zoning information is listed on the tax records in most localities. These records can be located at the local tax assessor's office and are often online. Zoning ordinances are regulations recorded as local laws, whereas covenants are recorded in private deeds, either as deed restrictions or as neighborhood compacts between private parties. Because covenants are voluntary, they may be more restrictive that zoning ordinances. Zoning ordinances are limited in what they can control; they cannot control what type of person moves into a neighborhood and/or how he or she will maintain his property.
The village may be enforcing a municipal ordinance. Please see Title 7, Chapter 5, Section 10 (7-5-10) of the West Dundee Illinois Village Code (Commercial Vehicles, Boats and Trailer Regulations) at http://www.sterlingcodifiers.com/codebook/index.php?book_id=633.
Please see Section 11 (11.7.5.2) relating to Traffic and Motor Vehicles of the Village of Gilberts Municipal Code at http://www.villageofgilberts.com/modules/news/photos/001530006500562.pdf. According to Section 10.2, the Police Department is authorized to enforce the provisions of Code Section 11.7 relating to parking (see http://www.villageofgilberts.com/modules/news/photos/001530006500563.pdf).
If you have further questions or concerns, you may wish use the contact information at http://www.villageofgilberts.com/index.php
Unfortunately, we cannot provide legal advice to you pertaining to your specific circumstances. We only provide legal information such as the information we have provided regarding covenants and ordinances. You may need to contact a village representative for more information (http://www.villageofgilberts.com/index.php or a local attorney for legal advice and representation. Please see our attorney directory at http://lawyers.uslegal.com/general-practice/illinois/.