Legal Question in Landlord & Tenant Law in Illinois
Our homeowners association has been paying the president $800 a month for several years without letting the homeowners know. The management company says that the previous management company was aware of it and when they took over, they assumed everyone knew. Do we have any recourse?
2 Answers from Attorneys
Of course you do. Check your bylaws and ask if there is a reason for this payment. If not, he should return it back to the association with interest. He probably has officer insurance coverage. Maybe they can repay it before any lawsuit. If it sounds improper, it probably is. You can also contact a lawyer who specializes or knows condo law. Good luck. Attorney Alex
And if the management company knew, they may bear some responsibility too. And if any attorney represented the board and knew of this and knew it was improper, the attorney may bear some responsibility too. And if this guy is a professional of any kind licensed by the State of Illinois and this is improper, there may be an ethics violation there as well.
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