Above ground pools in New Lenox

Above ground pools in New Lenox

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Since: Dec 12

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#1 Jun 11, 2013
Hello, I am wondering if there are any other subdivisions in NL that have above ground pool restrictions. In Wellington, that is the case. Is there any way to appeal or override these restrictions placed by the HOA. Thanks for your responses.
Solution

Mokena, IL

#2 Jun 11, 2013
Casual_Neighbor72 wrote:
Hello, I am wondering if there are any other subdivisions in NL that have above ground pool restrictions. In Wellington, that is the case. Is there any way to appeal or override these restrictions placed by the HOA. Thanks for your responses.
Join your HOA board, use the homeowners funds to have the attorney change the rule for you. BSB board member did just that with our funds for metal fences. No one will spend thousands to hire an attorney to stop you.

That's why you should avoid HOA subdivisions. Who wants to be restricted to live as they wish on their own property? Those things are understandable in China or Cuba. Not New Lenox.
Ann Chovee

Mokena, IL

#3 Jun 11, 2013
You cant have an above ground pool in your own backyard? Why would you want to continue living in a place run by HOA n.a.z.i.s.?
someone

Chicago, IL

#4 Jun 11, 2013
I know people that live in Wildwood. They could not be aboveground.
Appalled

Joliet, IL

#5 Jun 11, 2013
Casual_Neighbor72 wrote:
Hello, I am wondering if there are any other subdivisions in NL that have above ground pool restrictions. In Wellington, that is the case. Is there any way to appeal or override these restrictions placed by the HOA. Thanks for your responses.
The restrictions are not "placed" by the HOA. They are spelled out in your Covenants and Restrictions which are "enforced" by your HOA.

Usually.......any changes in rules that are stated in the Covenants and Restrictions can only be changed with the signatures of a very high percentage of the residents. Usually around 75%- 80%. The HOA can regulate a list of rules and regulations but they do not have the authority to change, disqualify or add to the Covenants and Restrictions without neighborhood majority, which is most likely where the pool rule is explained.

Additionally, C & R's often give the developer more votes per empty lot while homeowners only have one vote per lot. This keeps the neighborhood from calling the shots until the developer has sold a majority of the lots. So, if you try to change a rule while the developer still owns many of the lots, he can outvote you and prevent you from reaching the 75-80% target if he does not agree with the idea.

Contrary to the opinion of some, joining the HOA board does not give you free reign to do as you want. There are legal regulations and specifically spelled out limitations in the C & R's that the HOA is expected to follow. Those who claim otherwise are usually misrepresenting the whole story that caused their HOA hatred.

Every single person is required to sign a copy of the C & R's at the closing of their house. The rules should not come as a surprise to anyone and the opportunity to choose another lifestyle is yours to choose prepurchase.

Having said this....the enforcement of these rules is only effective with a strong HOA and the will of the developer. It is also good to remember that once you start messing with the rules it is hard to stop the introduction of feces infested dog runs and permanently placed tireless cars on driveways. Just something to keep in mind.
whatever

Frankfort, IL

#6 Jun 11, 2013
I will never know why people want to live in a subdivision with a HOA. They always have problems with people wanting power to rule others property. For the taxes that are paid to live here people should be able to have whatever type of pool they want in their backyard.
Appalled

Joliet, IL

#7 Jun 12, 2013
whatever wrote:
I will never know why people want to live in a subdivision with a HOA.
Probably because you have never lived next door to a problem, you erroneously believe it can never happen to you or you are the problem.

Not all Covenants and Restrictions disallow above ground pools. If this is what you wanted than it was your choice to find the neighborhood that met your list of needs. This is something you should investigate before you buy, not complain about afterwards.

It is unlikely that everybody would agree with all the rules in any set of Covenants and Restrictions. But if you look at them as a set of rules that protects what IS important to you and accept the things that are not important to you but are to someone else, then you can live comfortably in the assurance that the insomniac next door cannot open a metal fabricating business in his garage.

The time to choose is before you buy, so if you do not want an HOA then so be it. Nobody is forcing it on you.

Since: Dec 12

Location hidden

#8 Jun 12, 2013
Appalled wrote:
<quoted text>
Probably because you have never lived next door to a problem, you erroneously believe it can never happen to you or you are the problem.
Not all Covenants and Restrictions disallow above ground pools. If this is what you wanted than it was your choice to find the neighborhood that met your list of needs. This is something you should investigate before you buy, not complain about afterwards.
It is unlikely that everybody would agree with all the rules in any set of Covenants and Restrictions. But if you look at them as a set of rules that protects what IS important to you and accept the things that are not important to you but are to someone else, then you can live comfortably in the assurance that the insomniac next door cannot open a metal fabricating business in his garage.
The time to choose is before you buy, so if you do not want an HOA then so be it. Nobody is forcing it on you.
. Appalled, your insight is appreciated. But remember, not every situation is the same in regards to having full disclosure when a home is bought. At our closing we were informed that we would have to pay Hoa dues but that was all that was mentioned. We never received any covenants or restrictions until after 2 weeks of living in our home when a HOA member brought it over. I just think its ridiculous that I'd you walk one block over to the next subdivision that they are allowed above ground pools.
Appalled

Joliet, IL

#9 Jun 12, 2013
Casual_Neighbor72 wrote:
<quoted text>. Appalled, your insight is appreciated. But remember, not every situation is the same in regards to having full disclosure when a home is bought. At our closing we were informed that we would have to pay Hoa dues but that was all that was mentioned. We never received any covenants or restrictions until after 2 weeks of living in our home when a HOA member brought it over. I just think its ridiculous that I'd you walk one block over to the next subdivision that they are allowed above ground pools.
Lots of people dropped the ball on you. Legally, your developer or the people you bought the home from are required to disclose the C & R's. Your title company should have also given you a copy at closing. Your lawyer should have made sure of it long before your closing date.

I learned the hard way, just like you, only my experience was in a neighborhood without C & R's. I have lived in three neighborhoods with C & R's and I would think long and hard before I bought anyplace without them at this point and it would be one of the first things I asked.

I also lived in one neighborhood that did not allow above ground pools. My kids were young and while it was not the ideal situation for us, the pros of the neighborhood far outweighed the cons and eleven years later that neighborhood was beautiful and netted me a tidy little profit.

I agree that above ground pools, when new and everyone is excited about them, really hurt nothing. But years down the road, with new owners or grown children, the situation often changes. C & R's are meant to protect the neighborhood as a whole and preserve and keep the look of the neighborhood for years to come. Their intention is not to restrict your wants and needs but to maintain the look and value of your neighborhood which can greatly add to the pleasure of your family's home owning experience. My kids loved where we lived, made life long friends and never really missed the pool experience, although at the time they probably would have argued that point, LOL.

You can, as I have explained, work to change this rule. I will again warn you though, that messing with the rules often opens a large can of worms of a different kind and worms can be very ugly to live with.

Good luck to you. You obviously got blindsided.
BSB Blues

Mokena, IL

#10 Jun 12, 2013
Casual_Neighbor72 wrote:
<quoted text>. Appalled, your insight is appreciated. But remember, not every situation is the same in regards to having full disclosure when a home is bought. At our closing we were informed that we would have to pay Hoa dues but that was all that was mentioned. We never received any covenants or restrictions until after 2 weeks of living in our home when a HOA member brought it over. I just think its ridiculous that I'd you walk one block over to the next subdivision that they are allowed above ground pools.
What a coincidence. The same happened to us. At closing we were told the HOA only collects $100 a year and its for the upkeep of the ponds, common property. I was not concerned buying a home. Until I received the list of rules. I went through the roof! Everyone should live under the village rules. To own a home, pay all these taxes and not be able to enjoy life and your home the way you wish is tyrannical.
Orvil

Mokena, IL

#11 Jun 12, 2013
Appalled wrote:
<quoted text>
Lots of people dropped the ball on you. Legally, your developer or the people you bought the home from are required to disclose the C & R's. Your title company should have also given you a copy at closing. Your lawyer should have made sure of it long before your closing date.
I learned the hard way, just like you, only my experience was in a neighborhood without C & R's. I have lived in three neighborhoods with C & R's and I would think long and hard before I bought anyplace without them at this point and it would be one of the first things I asked.
I also lived in one neighborhood that did not allow above ground pools. My kids were young and while it was not the ideal situation for us, the pros of the neighborhood far outweighed the cons and eleven years later that neighborhood was beautiful and netted me a tidy little profit.
I agree that above ground pools, when new and everyone is excited about them, really hurt nothing. But years down the road, with new owners or grown children, the situation often changes. C & R's are meant to protect the neighborhood as a whole and preserve and keep the look of the neighborhood for years to come. Their intention is not to restrict your wants and needs but to maintain the look and value of your neighborhood which can greatly add to the pleasure of your family's home owning experience. My kids loved where we lived, made life long friends and never really missed the pool experience, although at the time they probably would have argued that point, LOL.
You can, as I have explained, work to change this rule. I will again warn you though, that messing with the rules often opens a large can of worms of a different kind and worms can be very ugly to live with.
Good luck to you. You obviously got blindsided.
You sound like our president in the White House. A control freak.
Wildwooder

United States

#12 Jun 12, 2013
someone wrote:
I know people that live in Wildwood. They could not be aboveground.
The Wildwood situation was a giant C.F. When we purchased our lot, we had to pay $1500.00 towards the club, which was supposed to include a pool, clubhouse and tennis courts. The project was to be built in phases as the neighborhood was built out. After the first 100 homes were built, the pool was to be built. After the next 100, the clubhouse etc… There was a date that each phase was to be completed by but the developer never met the deadlines and kept getting extensions. The residents began to complain that the developer defaulted on his end of the bargain and started inquiring about a refund of our escrow money. People also began inquiring about above ground pools since it appeared that the neighborhood pool was never going to be built. They began circulating petitions to change the rules when it was discovered that there were something like seven different sets of covenants, basically, one for each phase of the development. It was determined that a resident only had to get signatures from residents that had the same covenants, thus making the covenants pretty much unenforceable. The developer then got frustrated and gave the club property to the Park District for the present Wildwood Park just in time for most of the “kids” in the neighborhood to start High School. The HOA dissolved since it basically had no power and the above ground pools began going up. And we never did get our money back. Thanks Mr. Bolker
Appalled

Joliet, IL

#13 Jun 12, 2013
Wildwooder wrote:
<quoted text>
The Wildwood situation was a giant C.F. When we purchased our lot, we had to pay $1500.00 towards the club, which was supposed to include a pool, clubhouse and tennis courts. The project was to be built in phases as the neighborhood was built out. After the first 100 homes were built, the pool was to be built. After the next 100, the clubhouse etc… There was a date that each phase was to be completed by but the developer never met the deadlines and kept getting extensions. The residents began to complain that the developer defaulted on his end of the bargain and started inquiring about a refund of our escrow money. People also began inquiring about above ground pools since it appeared that the neighborhood pool was never going to be built. They began circulating petitions to change the rules when it was discovered that there were something like seven different sets of covenants, basically, one for each phase of the development. It was determined that a resident only had to get signatures from residents that had the same covenants, thus making the covenants pretty much unenforceable. The developer then got frustrated and gave the club property to the Park District for the present Wildwood Park just in time for most of the “kids” in the neighborhood to start High School. The HOA dissolved since it basically had no power and the above ground pools began going up. And we never did get our money back. Thanks Mr. Bolker
Unfortunately, developers are the ones who create the C & R's and they are very careful to make their own interests the top priority. I am familiar with the Wildwood situation. You guys got screwed.
Appalled

Joliet, IL

#14 Jun 12, 2013
Orvil wrote:
<quoted text>
You sound like our president in the White House. A control freak.
No, just someone who had to pay the price for other people's low living standards.
Appalled

Joliet, IL

#15 Jun 12, 2013
Appalled wrote:
<quoted text>
No, just someone who had to pay the price for other people's low living standards.
LOL.....which kind of makes me sound more Republican, don't ya think?
Orvil

Mokena, IL

#16 Jun 12, 2013
Appalled wrote:
<quoted text>
No, just someone who had to pay the price for other people's low living standards.
You feel your standards and way of life is suitable for everyone and should forced on them. People are different and see things differently. You are too stuck up and ignorant to accept others ways.
Appalled

Joliet, IL

#17 Jun 12, 2013
Orvil wrote:
<quoted text>
You feel your standards and way of life is suitable for everyone and should forced on them. People are different and see things differently. You are too stuck up and ignorant to accept others ways.
Nope, I'm not talking high standards. I am talking minimum standards which is what most C & R's are based on. Most "good" neighbors would not need the C & R's because they would live that way anyway. Others don't recognize themselves as a problem. When you are spending hundreds of thousands of dollars, it's nice to have some kind of guarantee that you will not be living next to the town dump.
Professor

Mokena, IL

#18 Jun 12, 2013
Appalled wrote:
<quoted text>
Nope, I'm not talking high standards. I am talking minimum standards which is what most C & R's are based on. Most "good" neighbors would not need the C & R's because they would live that way anyway. Others don't recognize themselves as a problem. When you are spending hundreds of thousands of dollars, it's nice to have some kind of guarantee that you will not be living next to the town dump.
A pool is a low standard problem? Sounds like personal bias to me. I have never heard of such an insane rule like that. How do they get away with forcing people to conform to their way of thinking and living in their own home on their own property?

Is there a rule against opening the fire plugs to cool off when its hot out like they do in Chicago? Maybe that's an option? You don't know what a bad neighbor is appalled. You just think you do!
Appalled

Joliet, IL

#19 Jun 12, 2013
Professor wrote:
<quoted text>
A pool is a low standard problem? Sounds like personal bias to me. I have never heard of such an insane rule like that. How do they get away with forcing people to conform to their way of thinking and living in their own home on their own property?
Is there a rule against opening the fire plugs to cool off when its hot out like they do in Chicago? Maybe that's an option? You don't know what a bad neighbor is appalled. You just think you do!
No, Prof, Orvil, HOA Hater, I know what a bad neighbor is. They are not that hard to identify. I am not saying you were one or that your gripe was not justified but I do think that your HOA hating campaign is self serving.

I never said a pool was a low standard. What I said was the C & R's protect good neighbors from problems and my opinion is that one rule that I do not agree with does not devalue the entire idea. I also think that just because you do not see the use for an HOA, does not mean that others out there do not appreciate their existence.

Like I said, if you do not like them, then don't choose one. It seems to me that you are the one forcing others to conform to your way of thinking, living, expectations and standards. I see the value of an HOA. I should be allowed to live in a neighborhood with an HOA if I choose. I have no problem living up to a minimum standard because I understand the benefits.
Logical

New Lenox, IL

#20 Jun 12, 2013
The problem is that for those that want to build new they almost have no choice but to get stuck with an unconstitutional HOA. It is becoming more and more difficult to find a good old fashined neighborhood to move into.

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