Legal Question in Real Estate Law in Illinois

Condo Law-Common Elements

Our assoc. will not salt the parking lot (after several ice storms this year) which they have already admitted liability by declaring the builder's pitch of the parking lot is a hazard. They now stated that in order to have salt spread after each snow/ice storm a ''special assessment'' will have to be imposed the next year for salt. I thought special assessments were for captial improvements. Are we being ''jacked''?


Asked on 1/10/09, 11:40 am

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Condo Law-Common Elements

I think the by laws of your association would have to be looked at, but it is my understanding that repairs and maintenance that must be made must be paid for through association fees. If there isn't presently sufficient funds to pay for salt, then some way to fund it must be found. It is not out of the ordinary for association fees to go up due to the increase of the cost of the things the fees pay for.

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Answered on 1/11/09, 5:38 am


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