Fox Lake Hills Property Owners Ass'n v. Fox Lake Hills, Inc.

This appeal by Fox Lake Hills, Inc., a subdivider, challenges the order of the trial court which declared in favor of Fox Lake Hills Property Owners Association that the subdivider was, alternatively, not empowered to amend subdivision restrictions and covenants under claimed reserved powers, or, if empowered, was estopped from exercising its power to amend.

The defendant subdivider in 1954 opened up “Fox Lake Hills” which was in parts separated by about one mile. One portion of the subdivision is called the “Chesney Area,” another the “Busse Area.” There were essentially similar covenants,…