Can a builder switch a townhome development into rentals after he had already selling a third of the units?

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Can a builder switch a townhome development into rentals after he had already selling a third of the units?

We purchased a townhome 7 years ago while the development was still under construction. We were told all units were to be sold. Due to the housing slump, the builder left the property next to us vacant for about 2 years. He then build a handful of units each year until he finished last year. He has rented them out 100% Let’s just say many of the renters do not make good neighbors. Appeals to the builder about behavioral issues, as well the declining appearance of the property go unanswered. Do we have any legal recourse?

Asked on April 3, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the builde rof the town house development that you are writing about can legally make some of the units into rentals depends upon what the written covenants, conditions & restrictions state on the property assuming such documentation is recorded on the planned unit development. As such, I suggest that you carefully read any recorded covenants, conditions & restrictions with respect to your property. Most likely your answer will be in any recorded document. If no recorded document, then the developer can make the units into rentals.


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