Legal Question in Real Estate Law in Illinois

I bought a condo and garage space (garage part of a garage row unattached from condo buildings and space is a separate deed) for one price from private owner in IL. The complex had been redeveloped from apts to condos, and owner at time of sale disclosed a monthly association payment I believed covered the whole thing. Apparently, the management company only managed my building, and dues were for condo only. Developer still controlled another building and garages but was bankrupt and MIA. I did not find this out until months after I closed. Eventually, the other condo building went with another management company (so there's 2 companies, 1 complex) and they forced a turnover of the garages as of Jan 1, 2011. This management company has now demanded copies of closing statements and proof of garage dues payments from before they took over as records from developer don't exsist. Developer apparently charged dues, but did not maintain records and ran off with money. The owner did not disclose to me garage dues information at closing. My question is - do they have the legal right to collect back dues when there was not an association even in place?


Asked on 3/15/11, 11:09 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. In my opinion the new management company does not have the legal right to collect back dues. You had no prior relationship with the new company and from your description of the situation I see no evidence of a written agreement by you to pay back dues. Also, I question the new management company's authority to " force a turnover the garages as of Jan. 1, 2011." In my opinion, the issues here are ripe for a lawsuit, in the form of an injunction against the new management company. This will be a lot of work, but I believe it is necessary. You certainly should retain an attorney immediately. Will be happy to discuss this further and in more detail.

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Answered on 3/17/11, 9:06 pm


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