Q–We are involved in a lawsuit with the developer of our subdivision. He has allowed current builders to construct homes that violate the subdivision covenants, and a promised golf course is still not open.
We feel we have been damaged by the actions of the developer. What are our chances of winning the lawsuit?
A–It sounds like you would be likely to be successful in your effort to enforce the covenants for your subdivision. What will you have won?
The court may order the developer to comply with the restrictive covenants.
To enforce them against other builders or homeowners, however, you will need to bring separate actions.
The enforcement of covenants is the responsibility of each property owner, either acting independently or collectively.
If you can establish that the developer was willfully negligent in enforcing the covenants or in fulfilling the obligation to complete the golf course, you may be able to obtain compensation for damages.
The problems you describe, however, are commonly associated with an unsuccessful development and a developer who is in financial trouble.
In other words, you may win but not collect.
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Have a question about real estate? You can write to George Karvel in care of the Chicago Tribune’s Your Place section, 435 N. Michigan Ave., Chicago, Ill. 60611. Answers will be provided only through the column. Please note that laws vary from state to state and area to area. Consult an attorney for specific legal advice.
