Legal Question in Real Estate Law in Illinois

Fee Simple townhome in Chicago

If there is nothing in our Declaration about unequal assessments, by what law does the Board have the authority to do so? We live in a fee-simple development with a HOA. All of the common areas that are maintained by the Association are held by the owners as tenants in common. The Board has decided the 3 bedroom units should pay more assessments than a 2 bedroom unit.


Asked on 12/17/08, 12:55 pm

1 Answer from Attorneys

David Grisamore Law Offices of David T Grisamore

Re: Fee Simple townhome in Chicago

Assessments are made according to the relative value of the units as determined by the developer. Check the exhibit to your declaration of the "common ownership percentage interest" for each unit. The assessments must be in proportion to these figures.

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Answered on 12/17/08, 2:01 pm


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