Legal Question in Real Estate Law in Illinois

Re: attorney fees paid by association or individual

This type of action on behalf of the entire condominium association can be considered a "common expense" and payable out of the funds the condo association charges as part of its monthly assessment. Alternatively, since in some buildings, the amount of pro rata interest one unit has, may differ from the pro rata interest of another unit, some condominium associations charge each unit their prospective share of the bill based on their interest according to the Condominium Declaration.

Thus, since the Board takes actions on a daily basis for the benefit of the building (i.e. snow removal, landscaping, maintenance, etc.), there is not necessarily the need for the Board to get the consent of the unit owners before taking this type of Board action.

Certainly, this is of great benefit to the entire building to make certain everyone's real estate taxes are fair and reasonable. Be thankful your Board took action as many Board's are either not aware they should have this done, of are unaware that it is a necessary part of operating a Board to have the building's assessments reviewed.

Re: attorney fees paid by association or individual

Odds are that the association has the right to do what they did. In my experience, the attorneys are paid a percentage (1/3 or 1/2) of the first years' (out of 3 years) tax savings.