Legal Question in Real Estate Law in Illinois

Hardship clause: that clause would be in your deed, which you should have. I would not plan on state legislation helping you out. Maybe you can ask the association for an exception, but that's about it. They may be reasonable because they will want to protect the value of their properties and wouldn't want a "fire sale".

Maybe

Yikes:

so your over 55 and having a child? Seems like the condo assn. is the least of your problems.

This is law school exam type problem. It is a meeting of the minds problem. No one expected someone over 55 to have a child. I think you could eventually win on contract issues, but it would probably take a lot of litigation. Its an interesting issue and I would be happy to represent you.

Joe Michelotti

888 419 2318

Federal law governs 55+ compliance unless the community documentation has set a higher standard. You need to check that documentation first, because under federal law the bar is set at 80% compliance. It may also have other "loopholes". If you need someone to review everything for you, let someone know. If you ask your association and they give you a hard time....well time to get beyond them too.

PS here's the federal register with the final rules:

http://www.hud.gov/offices/fheo/library/hopa_final.pdf

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.