All Forum Posts by: David Innocenti

I own a single family home in the western suburbs of Chicago which is my primary residence.  The home has a one bedroom 700+ sq. ft. in-law apartment in the basement which I've just remodeled.  I have a tenant wanting to move in June 1st.  I'm trying to decide how to handle the lease.  I started an S corp for the purpose of investing in rentals but because the home is in my name not the business I'm not sure how to handle all the paperwork.  I though about using the business as a property manager.  Does anyone have suggestions what would be the best way to setup this transaction?

Thanks...

Hi Robert, welcome to BP. You're in Plano, where do you do business? 

You should check out the WCRT meeting this Thursday in Oak Brook. It's free & there are no sales pitches.

Carrie, are you an independent broker or working through one of the major chains?

Hi Carrie,

I used to live in Wheaton & was there this morning visiting the Barbour shop. Great town. Welcome to Bigger Pockets. Lots of great information here.

Thank you for your input Matthew.  So in your opinion it's pretty hard to fight or change the covenants?  As long as I clear the easement then I should be clear of any further responsibility is that correct?

Good Morning,

I need some guidance dealing with “Covenants and Restrictions” and I'm hoping someone can help.

I live in a rural area just west of the city of Chicago.  The subdivision covenants and restrictions provide for a 10 foot easement to be used as a bridal path for homeowners with horses.  Those of us who border the bridal path are responsible for keeping it mowed and clear of trees and shrubs.

This land was once farm fields with a creek running through the middle.  At some point in the past the farmer trenched the creek, installed clay pipe, and covered the whole thing with dirt so he could plant over the top.  Time and nature have made the bridal path impassable where it borders my property.  With all the freeze and thaw cycles from our harsh Midwest winters the clay pipe has broken apart and collapsed.  The ground has eroded creating a small ravine and exposing the running creek.

To cross this section of the bridal path a person would need to lead their horse down an embankment, cross through the water, and climb the other side to get back on the path.  None of the horse owners in my neighborhood are willing to do that and the path hasn’t been used in years.  Since the path is no longer usable, I’ve quit maintaining that area.

Now I have a neighbor asking to ride her horse through the main part of my property to pick up the bridal path on the other side.  Normally I would gladly grant permission however, this neighbor has a history of bringing legal action against neighbors and others who have denied her something she feels she entitled to.  I’ve told her I don’t feel comfortable with her riding through my yard and she responded with a comment that it would be a shame to get lawyers involved.  I replied by telling her I would follow the covenants and clear the brush off the bridal path.  She can stick to the path.

My question is does anyone have experience dealing with covenants?  How binding are they?  How hard or easy is it to fight them?  And what’s involved in getting them changed or eliminated altogether?

Thanks!