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Hilbert trustees decline to change Village Meadows covenant to allow chain-link fencing
Summary
Trustees heard from residents and the village attorney that changing subdivision covenants would require amending every deed and incur per-deed and attorney costs; a motion to permit chain-link fencing failed with two abstentions.
The Village of Hilbert Board discussed a request from a Village Meadows Subdivision lot owner to allow chain-link fencing and voted against amending the subdivision covenant at its Sept. 10 meeting.
Missy Kieso reported legal advice that covenants differ from ordinances and that changing the covenant would require amending every deed. The village attorney estimated about $30 per deed plus hourly legal fees and noted he had never undertaken such a covenant-change process in his years of practice. Kieso told trustees the change could therefore affect all lot owners and incur administrative and legal costs.
Trustee Lisa Krueger said the cost difference motivated his request to allow chain-link fencing, estimating a roughly $14,000 difference in fence cost between allowed options and chain-link. Trustees discussed fairness to all lot owners and the practical burden of amending every deed. Collins and Krueger abstained when the board voted on the motion to permit chain-link fencing; the motion failed by majority vote.
Why it matters: altering subdivision covenants affects property deeds and can impose costs and unequal treatment if applied selectively. Board members noted the legal and administrative complexity, and staff flagged potential resident questions about spending funds to rewrite deed records in a subdivision only five years old.
What’s next: No further action was taken to change the covenant; staff and the attorney will be the contact points for residents seeking more information.
